Adult Guardianship Act

In theory, it should not be a momentous task to find out if an Act is in force, but sometimes it really is.

Sections of the Adult Guardianship Act were brought in to force by various proclamations, but some of those proclamations were then repealed. It's quite the nightmare. So below you will find a detailed account of the in force information. It's not pretty, but it's here if you need it.

Bottom line

Is the Adult Guardianship Act, RSBC 1996, c. 6, in force?

Yes, parts of it are in force. 

Sections 1-3 and 44-53, 54(1), (2)(a)-(d) and (f)-(i) and (3), 55-64 are in force as of February 28, 2000.  

Sections 60.2, 62.2(1), 63(1) and (2)(t) came into force, and sections 40-43 were repealed, effective September 1, 2011. 

Part 2.1 (heading) and sections 32, 33(2)(b) and (3), 34(b) to (d), 35 and 37 (3) and (4), and sections 62.1, 62.3 and 63 (2)(a)-(f), (o)-(p) and (s) of the Act will come into force on December 1, 2014. 

Why do the Regulations that bring sections into force refer to the Act as the Supplement to the Adult Guardianship Act?

The Adult Guardianship Act, RSBC 1996, c. 6, was not actually included in the print version of the Revised Statutes of BC, 1996.  The note in the RSBC 1996 says "This Act comes into force by regulation of the Lieutenant Governor in Council but is not now in force.  See Supplement for full text."

Acts and amendments that were enacted but not in force on December 31, 1996 (the cut-off date for the 1996 Revision), were consolidated as Supplements to the Revised Statutes of British Columbia, 1996.

Supplements have the same chapter numbers as the statutes to which they relate. 

So the Adult Guardianship Act was printed in the Supplement to the RSBC 1996, and has the citation RSBC 1996, c. 6.

Have there been any amendments to the Act?

Yes.  There have been four amending acts:

  1. Adult Guardianship Statutes Amendment Act, 1999, SBC 1999, c. 25
  2. Adult Guardianship and Planning Statutes Amendment Act, 2007, SBC 2007, c. 34
  3. Miscellaneous Statutes Amendment Act, 2011, SBC 2011, c. 5, sections 1 and 2 amend sections 1 and 17 of the Adult Guardianship Act as enacted by the Adult Guardianship and Planning Statutes Amendment Act, 2007.
  4. Justice Statutes Amendment Act, 2014, SBC 2014, c. 9, sections 1-9 amend sections 32-35, 37 and 63 of the Adult Guardianship Act as enacted by the Adult Guardianship and Planning Statutes Amendment Act, 2007.

So what brought the Adult Guardianship Act into force?

BC Reg #12/2000 (as amended by the errata in No. 2, Volume 43, p.247 of the BC Gazette Part II), brought the Adult Guardianship Act, RSBC 1996, c.6, sections 1-3 and 44-53, 54(1), (2) (a)-(d) and (f)-(i) and (3), 55-64 into force as of February 28, 2000.

BC Reg #14/2011 (as amended by BC Regs #111/2011 and 141/2011) brought amendments to part of section 1, sections 2-3, 45-48, 51, 54, 56-57, 59, 60.2, 62.2(1), 63(1) and (2)(t) into force, and repealed sections 40-43 effective September 1, 2011. 

BC Reg #25/2014 (as amended by BC Reg #203/2014) brings Part 2.1 (heading) and sections 32, 33(2)(b) and (3), 34 (b) to (d), 35 and 37 (3) and (4), and sections 62.1, 62.3 and 63 (2)(a) to (f), (o) to (p) and (s) of the Adult Guardianship Act into force effective December 1, 2014.

...but it's far more complicated than that...

  • BC Reg #199/99 - brought sections 1-3, 44-53, 54(1), (2)(a)-(d), (f)-(i) and (3), 55-64 of the Adult Guardianship Act into force on February 28, 2000. But it was repealed by BC Reg #12/2000 on January 28, 2000, before it came into force.  
  • BC Reg #12/2000 (as amended by the errata in No. 2, Volume 43, p.247 of the BC Gazette Part II) - repealed BC Reg #199/1999 on January 28, 2000 (the date of deposit).  

It brought sections 1-24 and 26-38 of the Adult Guardianship Statutes Amendment Act, 1999, SBC 1999, c. 25 into force as of February 27, 2000 (thus amending sections 1, Part 2 (heading), 3, 44.1 and 61 of the Adult Guardianship Act).

It also brought sections 1-3 and 44-53, 54(1), (2) (a)-(d) and (f)-(i) and (3), 55-64 of the Adult Guardianship Act into force as of February 28, 2000. 

  • BC Reg #14/2011 - brought section 2 of the Supplements Repeal Act, SBC 2006, c. 33, into force on September 1, 2011.  Section 2(a) of that Act repeals the Adult Guardianship Act.  

The regulation also brought sections 1 (a), (d)-(j), 2-3, 6-14, 16, 17 (partially), 19-28, 30, 32, 34-66, 68-72, 74-81, 83-90, 92-93, 98, 104, 105(b), 106-110(a), 111 of the Adult Guardianship and Planning Statutes Amendment Act, 2007, SBC 2007, c. 34, into force on September 1, 2011.  Portions of sections 1(k), 17, 29, 31, 91, 99, 105 and 110 were also brought into force.  These sections of the Amendment Act amend sections 1-3, 44.1, 45-48, 51, 54, 56-57, 59, 61, 62.2(1), 63(1) and (2)(s-t)of the Adult Guardianship Act. 

  • BC Reg #111/2011 - amended BC Reg #14/2011, bringing sections 1 (a), (d)-(j), 2-3, 6-16, 19-28, 30, 32, 34-59, 60(a), 61(b), 62 to 66, 68-72, 74-81, 83-90, 92-93, 98, 104-109, and 111 of the Adult Guardianship and Planning Statutes Amendment Act, 2007 , SBC 2007, c. 34, into force on September 1, 2011.  Portions of sections 1(k), 17, 29, 31, 91, 99 and 110 were also brought into force.  These sections of the Amendment Act amend sections 1-3, 45-48, 51, 54, 56-57, 59, 60.2, 62.2(1), 63(1) and (2)(t) of the Adult Guardianship Act. 
  • BC Reg #141/2011 - amended BC Reg #14/2011 by bringing section 2(a) of the Supplements Repeal Act into force, except sections 4-39 and 65 of the Adult Guardianship Act, effective September 1, 2011.  Essentially, it repealed sections 40-43 of the Adult Guardianship Act. 
  • BC Reg #131/2013 - brought sections of the Adult Guardianship and Planning Statutes Amendment Act, 2007 , SBC 2007, c. 34 into force as of June 30, 2014.  It was repealed by BC Reg #25/2014 on March 3, 2014, before it came into force.
  • BC Reg #25/2014 - repealed BC Reg #131/2013 on March 3, 2014 (the date of deposit). 

The first part of the schedule brings sections 1(c) and (k), 4 and 17 of the Adult Guardianship and Planning Statutes Amendment Act, 2007 into force on December 1, 2014 (thus amending sections 4-39, 62, 62.1, 62.3, and 63 (a)-(f), (o)-(p) and (s) of the Adult Guardianship Act).

The second part of the schedule brings Part 2.1 (heading) and sections 32, 33(2)(b) and (3), 34, 35 and 37 (3) and (4), and sections 62.1, 62.3 and 63 (2)(a) to (f), (o) to (p) and (s) of the Adult Guardianship Act into force effective December 1, 2014.

  • BC Reg #115/2014 - brought sections 1, 3 to 5, 7, 9, 29 and 49 of the Justice Statutes Amendment Act, 2014 into force as of June 23, 2014.  These sections amend sections 32, 33(2)(b)(i), 34(b), 35, 37, and 63 of the Adult Guardianship Act.  It does not bring Part 2.1 into force, but rather, the amendments to the wording in those sections.

The regulation also brought sections 30 to 36 and 43 of the Justice Statutes Amendment Act, 2014 into force on December 1, 2014 (thus amending the Patients Property Act and the Power of Attorney Act).

The third part of the regulation brings the Statutory Property Guardianship Regulation into force on December 1, 2014.

  • BC Reg #203/2014 - amends BC Reg #25/2014 to bring section 34(b) to (d) of the Adult Guardianship Act into force effective December 1, 2014, but not 34(a). 

The second part of the regulation amends BC Reg #115/2014 to bring sections 30, 31 (except as it enacts section 3.1(2)(a) of the Patients Property Act, R.S.B.C. 1996, c. 349), 32 to 36 of the into force on December 1, 2014.  It also amends the Statutory Property Guardianship Regulation.

November 26, 2014