In recent years, the BC government has passed significant legislation, Bill 36 (now the HPOA--Health Professions and Occupations Act) impacting and governing health care. This new legislation came into effect April 1, 2026. Please answer the following questions regarding the impact of this legislation on your practice in BC.
Background Information:
The HPOA was quickly passed in 2022 with no notice of its introduction and no opportunity for input and incomplete debate in the legislature. It is more complex and far reaching than the previous legislation, going from 56 to 645 sections. A very brief overview includes the following:
1. Health care is no longer self-governing but is regulated by the government: College boards are government appointed with only one representative from any one profession and not all professions are necessarily represented (Bill 36 - HPOA, s. 346).
2. Definitions of misconduct expanded: Licensees may be disciplined for vague concepts such as "conduct unbecoming" or bringing the profession into "disrepute" (Bill 36 - HPOA, s. 10-11).
3. Severe penalties and broad discretion: Fines up to $200,000 for individuals, $500,000 for corporations, and imprisonment of up to two years (Bill 36 – HPOA, 2022, s. 513-518).
4. Expanded investigatory powers: Inspections of your workplace without permission, record seizures, and compelled cooperation (Bill 36 – HPOA, 2022, Part 10, Division 3; s. 469).
5. Mandatory “Quality Assurance” programmes: Privacy and confidentiality violated and health care relationships and peer consultation undermined. Quality assurance programmes may include random and systematic file audits, on-site observations of practice with some proposed College by-laws allowing contact with clients, clients’ families, and colleagues (Bill 36 – HPOA, 2022, s. 99, 469).
6. Compelled assessments or treatments: Licensees may be required to undergo evaluations, treatments, or certain vaccinations as licensing conditions (Bill 36 – HPOA, s. 49, 146, 200).
7. Public disciplinary process: Identities may be disclosed prior to finding of misconduct (Bill 36 – HPOA, 2022, Part 5; s. 255, 256).
8. Disciplinary panels are only required to have one individual who represents the profession and the professional knowledge in question when there is a complaint against a licensee (Bill 36 – HPOA, s. 449).
9. Inability to appeal most discipline and licensing decisions: Health care providers unable to appeal decisions to the Supreme Court. No external appeal process and only option is to request a review by the Registrar, Investigation Committee or others who are appointed by the government (Bill 36 – HPOA, 2022, s. 512).
10. Statuary immunity for Colleges and protected persons in the College: Shielded from any criminal liability and accountability (Bill 36 - HPOA, 2022, s. 399, 400).
Overview of the Quiz:
This survey is intended for REGULATED OR SOON TO BE REGULATED HEALTH CARE PROVIDERS practicing in BC or who have previously practiced in BC. It seeks to understand how the HPOA will or has impacted the future of health care in the province.
Responses will be analyzed in aggregate and shared for the purpose of demonstrating the impact of the HPOA. Individual responses will never be shared publicly without your consent. We ask for your email so that in the future we can provide more information, provide awareness of actions about the HPOA and connect healthcare professionals. Your email will not be used for any other purposes or shared with 3rd parties.
Disclaimer: This document is intended solely for informational purposes. The authors do not hold legal expertise, and the accuracy or completeness of the content cannot be assured. It should be regarded as a preliminary framework and assessment for considering the potential implications of the HPOA on the health care professions rather than an authoritative source. Readers are advised to independently review and verify all statutes, bylaws, and references cited herein.
