Title BEFORE amended by 2013-13-1, effective April 1, 2013 (BC Reg 145/13).
Emergency and Health Services Act
Section 1 definition of "municipality" BEFORE repealed by 2003-52-113, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
"municipality" includes a village municipality;
Section 1 BEFORE renumbered as 1 (1) by 2007-19-12(a), effective May 31, 2007 (Royal Assent).
1 In this Act:
Section 1 definitions of "commission" and "minister" BEFORE amended by 2007-19-12(b), effective May 31, 2007 (Royal Assent).
"commission" means the Emergency Health Services Commission;
"minister" includes a person designated in writing by the minister;
Section 1 definition of "health service" was added by 2007-19-12(c), effective May 31, 2007 (Royal Assent).
Section 1 (1) definition of "minister" BEFORE amended by 2008-34-1(a), effective May 29, 2008 (Royal Assent).
"minister", except in subsection (2), includes a person designated in writing by the minister;
Section 1 (3) BEFORE amended by 2008-34-1(b), effective May 29, 2008 (Royal Assent).
(3) Section 23 (2) of the Interpretation Act does not apply for the purposes of subsection (2).
Section 1 BEFORE re-enacted by 2013-13-2, effective April 1, 2013 (BC Reg 145/13).
Definitions
1 (1) In this Act:
"ambulance" means a conveyance that is used, or intended to be used, for the purpose of transporting persons requiring medical attention or under medical care, and that is designed and constructed, or equipped, for that purpose;
"board" means the Emergency Medical Assistants Licensing Board continued under section 6;
"commission" means the Emergency and Health Services Commission;
"emergency health service" means the provision of first aid or medical services in emergency situations;
"emergency medical assistant" means a person licensed by the board under this Act as an emergency medical assistant;
"health service" means a service designated under subsection (2) that provides emergency or non-emergency health information or services, or referrals, for one or more of the following purposes:
(a) to assess a person's health status and respond to a particular problem or circumstance;
(b) to support persons in caring for themselves;
(c) to assist persons, including health care professionals, in accessing care, information and services available through the health system;
(d) a prescribed purpose;
"minister", except in subsection (2) and sections 2 to 4, includes a person designated in writing by the minister;
"profession" means practice as an emergency medical assistant.
(2) The minister may designate, in writing, a service as a health service by
(a) setting out the name by which the service is commonly known, and
(b) describing the nature of the service.
(3) Section 23 (2) of the Interpretation Act does not apply for the purposes of subsection (2) and sections 2 to 4.
Section 1 definition of "Provincial Health Services Authority" BEFORE amended by 2015-18-303, effective November 28, 2016 (BC Reg 216/2015).
"Provincial Health Services Authority" means the Provincial Health Services Authority, a society incorporated under the Society Act;
Section 2 (1) BEFORE amended by 2007-19-13, effective May 31, 2007 (Royal Assent).
(1) The Emergency Health Services Commission is continued.
Section 2 BEFORE amended by 2008-34-2(a), effective May 29, 2008 (Royal Assent).
Commission
2 (1) The Emergency and Health Services Commission is continued.
(2) The commission is to be composed of one or more members appointed by the Lieutenant Governor in Council.
(3) The Lieutenant Governor in Council may
(a) establish the terms and conditions of the members' appointments under subsection (2), and
(b) designate a member of the commission as chair.
(4) A member of the commission is entitled to necessary and reasonable travelling and living expenses incurred while exercising powers or performing duties on behalf of the commission.
(5) The minister may appoint a person who, if a member or the chair of the commission is unable for any reason to act, is to act temporarily in the place of and exercise the powers and perform the duties of the member or chair.
Section 2 (5) BEFORE repealed by 2008-34-2(b), effective May 29, 2008 (Royal Assent).
(5) The minister may appoint a person who, if a member or the chair of the commission is unable for any reason to act, is to act temporarily in the place of and exercise the powers and perform the duties of the member or chair.
Section 2 BEFORE re-enacted by 2013-13-2, effective April 1, 2013 (BC Reg 145/13).
Commission
2 (1) The Emergency and Health Services Commission is continued.
(2) The commission is to be composed of one or more members appointed by the minister.
(3) The minister may
(a) establish the terms and conditions of the members' appointments under subsection (2), and
(b) designate a member of the commission as chair.
(4) A member of the commission is entitled to necessary and reasonable travelling and living expenses incurred while exercising powers or performing duties on behalf of the commission.
(5) [Repealed 2008-34-2.]
Section 3 BEFORE amended by 2008-34-3, effective May 29, 2008 (Royal Assent).
Agent of the government
3 (1) The commission is, for all purposes, an agent of the government.
(2) The commission may, as agent,
(a) carry out its powers and duties under this Act in its own name,
(b) purchase or otherwise acquire and hold in its own name personal, and, with the prior approval of the Lieutenant Governor in Council, real property required for the purpose of the commission, and
(c) sell, transfer, lease or otherwise dispose of, the property.
(3) The commission, as agent, is a legal entity.
Section 3 BEFORE re-enacted by 2013-13-2, effective April 1, 2013 (BC Reg 145/13).
Agent of the government
3 (1) The commission is, for all purposes, an agent of the government.
(2) The commission may, as agent,
(a) carry out its powers and duties under this Act in its own name,
(b) purchase or otherwise acquire and hold in its own name personal, and, with the prior approval of the minister, real property required for the purpose of the commission, and
(c) sell, transfer, lease or otherwise dispose of, the property.
(3) The commission, as agent, is a legal entity.
Section 4 BEFORE amended by 2008-34-3, effective May 29, 2008 (Royal Assent).
Staff
4 (1) An executive officer of the commission must be appointed by the Lieutenant Governor in Council and must be paid remuneration for his or her services on behalf of the commission as determined by the Lieutenant Governor in Council.
(2) Subject to the prior approval of the minister, the commission or, if authorized by the commission, the executive officer may, despite the Public Service Act, appoint officers and employees and engage and retain specialists and consultants considered necessary to carry out the duties and functions of the commission and may determine their remuneration.
(3) The Public Service Act and the Public Service Labour Relations Act do not apply to the commission or its officers and employees appointed under subsection (2).
(4) [Repealed 1999-44-58.]
Section 4 BEFORE re-enacted by 2013-13-2, effective April 1, 2013 (BC Reg 145/13).
Staff
4 (1) An executive officer of the commission must be appointed by the minister and must be paid remuneration for his or her services on behalf of the commission as determined by the minister.
(2) Subject to the prior approval of the minister, the commission or, if authorized by the commission, the executive officer may, despite the Public Service Act, appoint officers and employees and engage and retain specialists and consultants considered necessary to carry out the duties and functions of the commission and may determine their remuneration.
(3) The Public Service Act and the Public Service Labour Relations Act do not apply to the commission or its officers and employees appointed under subsection (2).
(4) [Repealed 1999-44-58.]
Section 5 (1) BEFORE amended by 2007-19-14, effective May 31, 2007 (Royal Assent).
(1) The commission has the power and authority to do one or more of the following:
(a) provide emergency health services in British Columbia;
(b) establish, equip and operate emergency health centres and stations in areas of British Columbia that the commission considers advisable;
(c) assist hospitals, other health institutions and agencies, municipalities and other organizations and persons, to provide emergency health services and to train personnel to provide services, and to enter into agreements or arrangements for that purpose;
(d) establish or improve communication systems for emergency health services in British Columbia;
(e) make available the services of medically trained persons on a continuous, continual or temporary basis to those residents of British Columbia who are not, in the opinion of the commission, adequately served with existing health services;
(f) recruit and train emergency medical assistants;
(g) provide ambulance services in British Columbia to be known as the British Columbia Ambulance Service;
(h) perform any other function related to emergency health services as the Lieutenant Governor in Council may order.
Section 5 BEFORE re-enacted by 2013-13-2, effective April 1, 2013 (BC Reg 145/13).
Power and authority of commission
5 (1) The commission has the power and authority to do one or more of the following:
(a) provide, in British Columbia, emergency health services and health services;
(b) establish, equip and operate, in areas of British Columbia that the commission considers advisable,
(i) emergency health centres and stations, and
(ii) centres from which health services may be provided;
(c) assist hospitals and other health institutions and agencies, municipalities and other organizations, and persons, to
(i) provide emergency health services and health services, and
(ii) train personnel to provide emergency health services and health services;
(d) enter into agreements or arrangements for the purposes set out in paragraph (c);
(e) establish or improve communication systems, in British Columbia, for emergency health services and health services;
(f) make available the services of trained persons on a continuous, continual or temporary basis to those residents of British Columbia who are not, in the opinion of the commission, adequately served by existing emergency health services and health services;
(g) recruit and train emergency medical assistants and health service providers;
(h) provide ambulance services in British Columbia to be known as the British Columbia Ambulance Service;
(i) perform any other function related to emergency health services as the Lieutenant Governor in Council may order.
(2) Except with the written consent of the commission and on terms it may specify, a person must not do anything that the commission is given the power to do under subsection (1).
(3) Subsection (2) does not apply if a person is acting in connection with the provision of industrial first aid in accordance with the requirements of the Workers Compensation Act or regulations made under that Act.
Section 5.1 BEFORE re-enacted by 2013-13-2, effective April 1, 2013 (BC Reg 145/13).
Services outside British Columbia
5.1 (1) The minister or, with the approval of the minister, the commission may enter into an agreement with a government for the provision outside British Columbia of emergency health services or health services.
(2) The minister may grant an approval under subsection (1) with or without conditions.
(3) The commission has the power and authority to do the things set out in section 5 (1) outside British Columbia according to the terms and conditions of an agreement made under subsection (1).
Section 5.5 (2) and (3) BEFORE amended by 2023-10-184, effective March 30, 2023 (Royal Assent).
(2) A visiting health professional may, while in British Columbia,
(a) provide the services described in subsection (3) (d) for a period of up to 72 consecutive hours, and
(b) use, when providing services under paragraph (a), any of the following that he or she is authorized, in the jurisdiction of his or her governing body, to use in relation to the practice of his or her health profession:
(ii) an abbreviation of a title or term;
(iii) an equivalent of a title, term or abbreviation in another language.
(3) In order for subsection (2) to apply, the following requirements and conditions must be met:
(a) the services are requested by a requesting agency in accordance with an agreement or arrangement under section 5.4;
(b) the requesting agency is satisfied that the visiting health professional is in good standing with his or her governing body;
(c) the visiting health professional provides the services only under the direction of the requesting agency or its representatives, and only while the request for services is in effect;
(d) the visiting health professional provides only those services
(i) that he or she is authorized to provide in the jurisdiction of his or her governing body, and
(ii) for which he or she has received, to the satisfaction of the requesting agency, sufficient additional training, if he or she is not authorized to provide those services in the jurisdiction of his or her governing body.
Section 6 (2) to (5) BEFORE amended by 2013-13-3(a), effective April 1, 2013 (BC Reg 145/13).
(2) The board is composed of 3 members, one of whom must be an emergency medical assistant selected in the prescribed manner and another of whom must be a medical practitioner, appointed by the Lieutenant Governor in Council.
(3) The Lieutenant Governor in Council may
(a) establish the remuneration and other terms and conditions of appointments under subsection (2), and
(b) designate a member of the board as its chair.
(4) A member of the board is entitled to necessary and reasonable travelling and living expenses incurred while exercising powers or performing duties on behalf of the board.
(5) Subject to this Act and the regulations, the board has the power and authority to do the following:
(a) examine, register and license emergency medical assistants;
(b) set terms and conditions for a licence under this section;
(c) investigate complaints;
(d) delegate to one or more persons the power and authority to act under one or more of the provisions of paragraphs (a), (b) and (c).
Section 7 (2) BEFORE amended by 2007-9-53, effective June 21, 2007 (BC Reg 226/2007).
(2) For the purposes of a hearing under this section, the board has the protection, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
Section 7 BEFORE amended by 2013-13-4, effective April 1, 2013 (BC Reg 145/13).
Disciplinary action
7 (1) On receipt of a complaint or on its own motion and after a hearing, the board may determine that an emergency medical assistant or former emergency medical assistant
(a) has incompetently carried out the duties of an emergency medical assistant,
(b) has breached a term or condition of his or her licence, or
(c) suffers from a physical ailment, emotional disturbance or an addiction to alcohol or drugs that materially impairs his or her ability to act as an emergency medical assistant.
(2) For the purposes of a hearing under this section, sections 34 (3) and (4), 48 and 49 of the Administrative Tribunals Act apply to the board.
(3) If the board has made one or more determinations under subsection (1), it may do one or more of the following:
(a) impose conditions on the person's licence;
(b) suspend the licence for a term the board considers appropriate;
(c) revoke the licence;
(d) bar the person from being licensed under this Act for a period the board considers appropriate.
Section 7 (1) (b) and (c) BEFORE amended by 2023-10-185, effective March 30, 2023 (Royal Assent).
(b) has breached a term or condition of his or her licence, or
(c) suffers from a physical ailment, emotional disturbance or an addiction to alcohol or drugs that materially impairs his or her ability to act as an emergency medical assistant.
Section 8 BEFORE amended by 2013-13-4, effective April 1, 2013 (BC Reg 145/13).
Extraordinary action to protect public
8 (1) If the board considers the action necessary to protect the public during the investigation of an emergency medical assistant or until a hearing of the board, it may
(a) set limits or conditions on the practice of the profession by the emergency medical assistant, or
(b) suspend the licence of the emergency medical assistant.
(2) If the board acts under subsection (1), it must notify the emergency medical assistant in writing of
(a) its decision,
(b) the reasons for the decision, and
(c) the emergency medical assistant's right to appeal the decision to the Supreme Court.
(3) A decision under subsection (1) is not effective until the earlier of
(a) the time the emergency medical assistant receives the notice under subsection (2), and
(b) 3 days after the notice is mailed to the emergency medical assistant at the last address for the emergency medical assistant recorded in the register.
(4) If the board determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the emergency medical assistant in writing of this as soon as possible.
(5) An emergency medical assistant against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 9 respecting an appeal from a decision of the board apply to an appeal under this section.
Section 9 BEFORE amended by 2013-13-4, effective April 1, 2013 (BC Reg 145/13).
Appeal
9 (1) A person who considers himself or herself aggrieved or adversely affected by a determination or disciplinary action of the board under section 7 may appeal to the Supreme Court at any time within 30 days after the date of the determination or disciplinary action.
(2) The appellant must file a notice of appeal with the Registrar of the Supreme Court and must serve a copy of the notice of appeal on a member of the board within the time limited under subsection (1).
(3) The board, on the request of the appellant, must provide to the appellant certified copies of all records on which the board acted, on payment for copies at the same rate as would be charged for the same service by an official stenographer of the Supreme Court.
(4) The appeal is to be
(a) a new hearing if there is no transcript, or
(b) a review of the transcript and proceedings if there is a transcript, but the court may, if it considers it necessary in the interests of justice, conduct a new hearing or allow the introduction of new evidence.
(5) The board is entitled to be a party on the hearing of the appeal and may take part in the proceedings.
(6) On the hearing of an appeal under this section, the Supreme Court may
(a) make an order confirming, reversing or varying the decision of the board,
(b) refer the matter back to the board with or without directions, or
(c) make any other order that it considers proper in the circumstances.
Section 9 (1) BEFORE amended by 2023-10-186, effective March 30, 2023 (Royal Assent).
(1) A person who considers himself or herself aggrieved or adversely affected by a determination or disciplinary action of the licensing board under section 7 may appeal to the Supreme Court at any time within 30 days after the date of the determination or disciplinary action.
Section 10 BEFORE re-enacted by 2013-13-6, effective April 1, 2013 (BC Reg 145/13).
Immunity for acts or omissions in good faith
10 (1) No action for damages lies or may be brought against the commission, against a member of the commission or of the board or against a person appointed under section 4 because of anything done or omitted in good faith
(a) in the performance or intended performance of any duty or function under this Act, or
(b) in the exercise or intended exercise of any power under this Act.
(2) Subsection (1) does not absolve the government from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.
Section 11 BEFORE amended by 2003-57-45, effective June 1, 2009 (BC Reg 423/2008).
Practice of medicine by emergency medical assistant
11 Nothing in this Act authorizes a person to practise medicine without being registered under the Medical Practitioners Act; but if the unavailability of a medical practitioner is likely to result in a person's death or deterioration of health, an available emergency medical assistant may perform emergency procedures that he or she has been trained for and considers necessary to preserve the person's life or health until the services of a medical practitioner are available.
Section 11 BEFORE repealed by 2002-15-5, effective April 29, 2010 (BC Reg 107/2010).
Practice of medicine by emergency medical assistant
11 Nothing in this Act authorizes a person to practise medicine; but if the unavailability of a medical practitioner is likely to result in a person's death or deterioration of health, an available emergency medical assistant may perform emergency procedures that he or she has been trained for and considers necessary to preserve the person's life or health until the services of a medical practitioner are available.
Section 11.1 was enacted by 2007-34-80, effective September 1, 2011 (BC Reg 14/2011).
Note: 2007-34-80 was amended by 2010-6-145, effective July 1, 2010 (BC Reg 191/2010).
Section 12 BEFORE amended by 2023-10-187, effective March 30, 2023 (Royal Assent).
Licence required
12 A person must not assume or use the title "emergency medical assistant", or a title prescribed in a regulation under section 15 (2) (c), or otherwise represent himself or herself to be an emergency medical assistant unless the person is the holder of a valid and subsisting licence under this Act.
Section 13 BEFORE repealed by 2013-13-8, effective April 1, 2013 (BC Reg 145/13).
Annual reports
13 (1) The commission must submit an annual report to the minister about the operation of the commission.
(2) The board must submit an annual report about the operations of the board, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the board.
Section 14 BEFORE renumbered by BC Reg 345/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 345/2006).
(c) authorizing the waiving of fees for involuntary committals under the Mental Health Act;
Section 14 (c.1) BEFORE amended by 2008-34-4(b), effective May 29, 2008 (Royal Assent).
(c.1) authorizing the waiving of fees for involuntary committals under the Mental Health Act;
Section 14 (2) (a) BEFORE repealed by 2010-6-148(a), effective July 1, 2010 (BC Reg 191/2010).
(a) respecting the qualifications, examination, training, registration and licensing of emergency medical assistants;
Section 14 (3) BEFORE amended by 2010-6-148(c), effective July 1, 2010 (BC Reg 191/2010).
(3) Regulations under subsection (1) and (2) may make different provisions for different classes of emergency medical assistants.
Section 14 BEFORE re-enacted by 2013-13-9, effective April 1, 2013 (BC Reg 145/13).
Power to make regulations
14 (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) [Repealed 2010-6-148.]
(b) prescribing the manner of selection of an emergency medical assistant for the purposes of section 6 (2);
(c) prescribing fees payable for any service rendered, or a licence issued, under this Act, and providing for different fees for a service rendered to
(i) a person who is not a "beneficiary" or "qualified person" as defined in the Hospital Insurance Act,
(ii) an employee who requires an emergency health service if the employer is, under an enactment, obliged to supply emergency health services, or
(iii) different persons or classes of persons;
(c.1) authorizing the waiving of fees for
(i) different persons or classes of persons, and
(ii) involuntary committals under the Mental Health Act;
(d) prescribing fees for the service of documents, on behalf of the commission, arising out of legal proceedings relating to the work of the commission;
(e) respecting the equipping of emergency health centres and stations;
(f) establishing standards of construction and maintenance required for an ambulance, and providing for different standards for different classes of ambulances;
(g) establishing the standard of equipment and supplies to be carried in an ambulance while it is being used or held out as being available for use as an ambulance;
(h) prescribing purposes for which a service may be designated as a health service under this Act.
(2.1) Without limiting subsections (1) and (2), the minister may make regulations as follows:
(a) respecting the qualifications, examination, training, registration and licensing of emergency medical assistants;
(b) respecting the continuing competence of emergency medical assistants, and providing for the assessment, by persons designated by the minister or the board, of the professional performance of emergency medical assistants;
(c) prescribing titles that may be used by emergency medical assistants, and providing for limits or conditions on the use of prescribed titles by emergency medical assistants;
(d) prescribing services that may be provided by emergency medical assistants, and providing for limits or conditions on the provision of those services;
(e) respecting standards, guidelines or protocols for, and audits of, the provision of services by emergency medical assistants.
(3) Regulations under subsections (1), (2) and (2.1) may make different provisions for different classes of emergency medical assistants.
(3.1) A regulation under subsection (2.1) (e) may confer a discretion on the following:
(a) the commission;
(b) a regional health board designated under the Health Authorities Act;
(c) the Provincial Health Services Authority.
(4) The commission may, with the prior approval of the minister, make rules governing its own procedure as it considers advisable.
(5) The board under section 6 may, with the prior approval of the minister, make rules governing its own procedure.
Supplement, section 1 BEFORE amended by 2002-52-37, effective July 15, 2002 (BC Reg 173/2002).
1 Section 6 is amended by adding the following subsection:
(6) If an applicant for registration fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that an applicant presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the board must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of the profession by the emergency medical assistant.
1995-37-34.
Supplement, section 2 BEFORE amended by 2002-52-37, effective July 15, 2002 (BC Reg 173/2002).
2 The following section is added:
Criminal Records Review Act
8.1 If an emergency medical assistant refuses to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that a registered emergency medical assistant presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the board must take the failure or the determination into account, investigate the matter and decide whether to set limits or conditions on the registration of the emergency medical assistant or suspend or cancel the registration of the emergency medical assistant.
1995-37-35.
Supplement BEFORE repealed by 2006-33-1(1) (o), effective May 18, 2006 (Royal Assent).
[Supplement]
HEALTH EMERGENCY ACT
[RSBC 1996] CHAPTER 182
1 Section 6 of the Health Emergency Act is amended by adding the following subsection:
(6) If an applicant for registration fails to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined that an applicant presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under that Act, the board must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of the profession by the emergency medical assistant.
1995-37-34
2 The following section is added:
Criminal Records Review Act
8.1 If an emergency medical assistant refuses to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined that a registered emergency medical assistant presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under that Act, the board must take the failure or the determination into account, investigate the matter and decide whether to set limits or conditions on the registration of the emergency medical assistant or suspend or cancel the registration of the emergency medical assistant.
1995-37-35.
3 Section 9 (1) is amended by adding "or 8.1" after "under section 7".
1995-37-36.