BILL 66 – 2004
MOTOR VEHICLE AMENDMENT ACT, 2004

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended in the definition of "motor vehicle related Criminal Code offence" by striking out "or" at the end of paragraph (b), by adding ", or" at the end of paragraph (c) and by adding the following paragraph:

(d) an offence committed under section 249.1 of the Criminal Code on or after a date prescribed by the Lieutenant Governor in Council .

2 The following section is added:

Remedial courses and programs for drivers

25.1 (1) This section applies if a person has a driving record that in the opinion of the superintendent is unsatisfactory or the superintendent considers that, with respect to the person's driving skills, fitness or ability to drive and operate a motor vehicle, it is in the public interest for the person to attend or participate in one or more of the following:

(a) a driver training course specified by the superintendent;

(b) a remedial program or a component of it specified by the superintendent;

(c) an ignition interlock program specified by the superintendent.

(2) The superintendent may require a statement in, endorsement on or attachment to the person's driver's licence, adding as a condition of the driver's licence that the person must, in order to continue to hold the licence, attend or participate in and complete, to the satisfaction of the superintendent, a course or program referred to in subsection (1) if it is not, in the superintendent's opinion, contrary to the public interest to allow the person to hold a driver's licence while attending or participating in the course or program.

(3) The superintendent may

(a) as part of a condition of a driver's licence under subsection (2), specify a date by which or a period of time during which the person must complete the program, and

(b) at any time extend, change or cancel a date or period of time specified under paragraph (a).

(4) Section 25 (13) applies to a condition imposed in respect of a person's driver's licence under this section.

(5) If it is, in the superintendent's opinion, contrary to the public interest to allow the person to hold a driver's licence while attending or participating in a course or program referred to in subsection (1), the superintendent may require that the person attend and complete, to the satisfaction of the superintendent, a course or program referred to in subsection (1) (a) or (b) before being eligible to apply for a driver's licence under section 25.

(6) A person who is required to attend or participate in and complete a program referred to in subsection (1) must pay the prescribed fees.

(7) Nothing in this section limits the application of sections 25 (12), 29, 92 and 93.

3 Section 26 (1) (c) is amended by adding the following subparagraph:

(v.1) the Liquor Control and Licensing Act, whether the indebtedness arose before or after this subparagraph comes into force, .

4 Sections 26 (1) (d) (iii), 30 (b) (iii), 60 (1) (c) (iii), 96 (2) (c), 101 (1) in paragraph (c) of the definition of "prohibition", 102 (a) (iii), 104 (5) (a) (iii), 104.91 (1) (b) (iii) and 105.9 (1) (b) (iii) by striking out "before the date on which the Youth Justice Act comes into force," and substituting "before April 1, 2004,".

5 Section 60 (6) (a) is repealed and the following substituted:

(a) the person is or was prohibited from driving a motor vehicle

(i) under this Act, the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,

(ii) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(iii) before April 1, 2004, under the Young Offenders (British Columbia) Act, as it then was,

(a.1) the person's driver's licence is or was suspended and the person's right to apply for or obtain a driver's licence is or was suspended,

(a.2) the person's driver's licence is or was cancelled under section 92 (d), or .

6 Section 61 (1) is amended by striking out "section 60 (6) (a) or (b)." and substituting "section 60 (6) (a), (a.1), (a.2) or (b)."

7 Section 89 is repealed and the following substituted:

Deemed suspension

89 (1) A person's driver's licence and his or her right to apply for or obtain a driver's licence are deemed to be suspended if the person

(a) is prohibited from driving a motor vehicle

(i) under this Act, the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,

(ii) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(iii) before April 1, 2004, under the Young Offenders (British Columbia) Act, as it then was,

(b) pleads guilty to or is found guilty of an offence under an Act referred to in paragraph (a) of this subsection, the Commercial Transport Act or the Insurance (Motor Vehicle) Act and is prohibited from driving a motor vehicle while waiting to be sentenced for that offence, or

(c) as a condition of an order of judicial interim release under the Criminal Code, may not drive a motor vehicle.

(2) A judge, registrar, deputy registrar or court clerk may notify the Insurance Corporation of British Columbia if a person

(a) is prohibited from driving a motor vehicle under the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,

(b) pleads guilty to an offence under an Act referred to in subsection (1) (a), the Commercial Transport Act or the Insurance (Motor Vehicle) Act and is prohibited from driving a motor vehicle while waiting to be sentenced for that offence, or

(c) as a condition of an order of judicial interim release under the Criminal Code, may not drive a motor vehicle.

8 Section 90.3 is amended

(a) in subsection (5) by striking out "Unless the licence suspension is terminated under subsection (6), the person's" and substituting "A person's",

(b) by repealing subsection (6), and

(c) in subsection (8) by striking out "unless the suspension is terminated under subsection (6)".

9 Section 92 is amended

(a) by striking out "that the person is or may be" and substituting "the person is or may be", and

(b) by striking out "or" at the end of paragraph (a) and by adding the following paragraphs:

(b.1) a person fails to comply with a condition imposed on his or her driver's licence under section 25.1 (2), or

(b.2) a person fails to attend or participate in and complete a program referred to in section 233 to the satisfaction of the superintendent as required by the superintendent, .

10 Section 95 (1) (c) and (d) is repealed and the following substituted:

(c) on a first conviction, to a fine of not less than $500 and not more than $2 000 or to imprisonment for not more than 6 months, or to both, and

(d) on a subsequent conviction, regardless of when the contravention occurred, to a fine of not less than $500 and not more than $2 000 or to imprisonment for not less than 14 days and not more than one year, or to both.

11 Section 102 is amended

(a) by repealing paragraph (c) and substituting the following:

(c) on a first conviction, to a fine of not less than $500 and not more than $2 000 or to imprisonment for not more than 6 months, or to both, and , and

(b) in paragraph (d) by striking out "$300" and substituting "$500".

12 Section 105 (1) is amended by striking out "or 92".

13 Section 105.1 (1) is repealed and the following substituted:

(1) If a peace officer has reasonable and probable grounds to believe that a person has operated a motor vehicle while

(a) the person is prohibited from driving a motor vehicle under

(i) section 92, 93, 94.2, 98, 99 or 215 of this Act,

(ii) the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,

(iii) the Young Offenders Act (Canada), as it read before its repeal by the Youth Criminal Justice Act (Canada), or

(iv) the Young Offenders (British Columbia) Act, as it read before its repeal by the Youth Justice Act, or

(b) the person's driver's licence and his or her right to apply for or obtain a driver's licence are suspended under section 89 (1) (b) or (c), 232 or 233,

the peace officer must cause the motor vehicle to be taken to and impounded at a place directed by the peace officer.

14 Section 105.2 is amended

(a) in subsection (1) by striking out "30 days" and substituting "60 days", and

(b) in subsection (2) by striking out "60 days" and substituting "90 days".

15 Section 105.7 is amended

(a) by repealing subsection (1) (b) and substituting the following:

(b) the driver was not prohibited from driving under any of the provisions referred to in section 105.1 (1) (a) at the time the motor vehicle was impounded,

(b.1) the driver's driver's licence and his or her right to apply for or obtain a driver's licence were not suspended under section 89 (1) (b) or (c), 232 or 233 at the time the motor vehicle was impounded, or , and

(b) by repealing subsection (2) (a) and (b) and substituting the following:

(a) the owner was not prohibited from driving under any of the provisions referred to in section 105.1 (1) (a) at the time the motor vehicle was impounded,

(b) the owner's driver's licence and his or her right to apply for or obtain a driver's licence were not suspended under section 89 (1) (b) or (c), 232 or 233 at the time the motor vehicle was impounded, or

(b.1) the owner, before he or she drove the motor vehicle, had no reason to believe that

(i) he or she was prohibited from driving a motor vehicle under any of the provisions referred to in section 105.1 (1) (a), or

(ii) his or her driver's licence and his or her right to apply for or obtain a driver's licence were suspended under section 89 (1) (b) or (c), 232 or 233, .

16 Section 105.8 (8) (a), (b) and (b) (ii) is amended by striking out "30 days" and substituting "60 days".

17 Section 210 is amended

(a) by repealing subsection (2) (c) and substituting the following:

(c) respecting the training of drivers of motor vehicles and the persons and firms engaged in the training of drivers of motor vehicles; , and

(b) by adding the following subsections:

(2.1) Without limiting any provision of this Act, the Lieutenant Governor in Council may make regulations respecting a remedial program or an ignition interlock program, including, without limitation, as follows:

(a) defining the program;

(b) authorizing a person or class of persons to provide the program;

(c) prescribing the components of the program;

(d) establishing the requirements of the program;

(e) governing the operation of the program;

(f) requiring a person or class of persons providing the program to prepare and submit reports to the superintendent and specifying the contents and purpose of the reports;

(g) respecting documents or information that may be required by the superintendent to satisfy him or her with respect to compliance with or completion of the program by a person;

(h) respecting a person or class of persons engaged in providing the program;

(i) prescribing fees or categories of fees that must be paid for the program by a person, and specifying to whom the fees, or a category of the fees, must be paid;

(j) providing that the failure of a person to comply with a requirement of the program is an offence.

(2.2) In making a regulation under subsection (2.1), the Lieutenant Governor in Council may do either or both of the following:

(a) confer a discretion on the superintendent;

(b) delegate a matter to the superintendent.

18 Section 215 is amended

(a) by repealing subsection (1) and substituting the following:

(1) In this section:

"approved screening device" means a device prescribed by the Lieutenant Governor in Council for the purposes of this section;

"driver" includes a person having the care or control of a motor vehicle on a highway or industrial road whether or not the motor vehicle is in motion. ,

(b) in subsection (5) by striking out ", (7)",

(c) by adding the following subsections:

(6.1) A test referred to in subsection (6) may be performed with an approved screening device.

(6.2) Despite subsection (6), a driver who is served with a notice of driving prohibition does not have a right to request or undergo a test under subsection (6) if

(a) the peace officer who served the notice first performed a test of the driver's blood alcohol level with an approved screening device,

(b) the test indicated that the driver's blood alcohol level exceeded 50 mg of alcohol in 100mL of blood, and

(c) the peace officer used the results of the test as part of the basis on which the peace officer formed reasonable and probable grounds to believe that the driver's ability to drive a motor vehicle was affected by alcohol. ,

(d) by repealing subsection (7), and

(e) by adding the following subsection:

(12) The Lieutenant Governor in Council may prescribe an approved screening device for the purposes of this section.

19 The following sections are added:

Review of driving prohibition

215.1 (1) A person may, within the prescribed number of days after being served with a notice of driving prohibition under section 215 (2), apply to the superintendent for a review of the driving prohibition by

(a) filing an application for review with the superintendent, and

(b) paying to the superintendent the application fee prescribed by the Lieutenant Governor in Council.

(2) For the purposes of subsection (1), the Lieutenant Governor in Council may prescribe the number of days, which number must not be less than 7, within which a person may apply for a review of a driving prohibition.

(3) An application for review must be in the form, contain the information and be completed in the manner required by the superintendent.

(4) An applicant may attach to the application for review any written statements or other evidence that the applicant wishes the superintendent to consider.

(5) The superintendent must conduct a review under this section on the basis of written submissions and must not hold an oral hearing.

Considerations

215.2 In a review of a driving prohibition under section 215.1, the superintendent may only consider

(a) the report of the prohibition delivered under section 215 (10) and other relevant information provided by the peace officer with the report, and

(b) relevant information provided by the person on whom the notice of driving prohibition was served.

Decision of the superintendent

215.3 If, after considering an application for review under section 215.1, the superintendent is satisfied that

(a) the person on whom the notice of driving prohibition was served had the right to request and requested that the peace officer administer a test to indicate his or her blood alcohol level but the peace officer failed to provide the person with the opportunity to undergo the test, or

(b) the person on whom the notice of driving prohibition was served was not a driver within the meaning of section 215 (1),

the superintendent must revoke the driving prohibition.

24 hour impoundment of motor vehicle

215.4 (1) If a peace officer serves a driver with a notice of driving prohibition under section 215 (2) or (3), the peace officer may, if the peace officer believes that impoundment is necessary to prevent the driver from driving or operating the motor vehicle before the prohibition expires, immediately cause the motor vehicle that the driver was operating or of which the driver had care or control to be taken to a place directed by the peace officer and impounded there for a period of 24 hours.

(2) If a peace officer is satisfied that the impoundment of a motor vehicle under subsection (1) would

(a) jeopardize the safety of the occupants of the motor vehicle, or

(b) leave the occupants stranded,

the peace officer must arrange for transportation of the occupants of the motor vehicle to the nearest safe area where they can summon an alternative form of transportation.

(3) The owner or driver of a motor vehicle that is impounded under subsection (1) may remove any cargo or other personal property that is in or on the motor vehicle.

(4) If a motor vehicle is impounded under subsection (1), the peace officer must take all reasonable steps to notify the owner of the motor vehicle.

(5) A person must not remove or permit the removal of a motor vehicle from the place where it is impounded under subsection (1) before the end of the 24 hour period unless the person is authorized to do so by a peace officer or a court.

(6) All the costs and charges for towing, care and storage of a motor vehicle impounded under subsection (1) are a lien on the motor vehicle, and the lien may be enforced in the manner provided under the Warehouse Lien Act.

20 Section 233 is repealed and the following substituted:

Reinstatement of suspended licence

233 (1) In this section, "program" means a remedial program or component of it or an ignition interlock program specified by the superintendent.

(2) The superintendent must notify the Insurance Corporation of British Columbia of a person's right

(a) to have his or her suspended driver's licence reinstated or to apply for a new driver's licence, as the case may be, in the following circumstances:

(i) the person's driver's licence is suspended and the person's right to apply for or obtain a driver's licence is suspended under section 232 (2) and (3) (a) or (b);

(ii) the person has,

(A) to the satisfaction of the superintendent, attended or participated in and completed a program as required by the superintendent, and

(B) paid the prescribed fees, or

(b) to apply for a driver's licence at the end of a suspension period of 5 years in the following circumstances:

(i) the person's driver's licence is suspended and the person's right to apply for or obtain a driver's licence is suspended under section 232 (2) and (3) (c);

(ii) the person has,

(A) to the satisfaction of the superintendent, attended or participated in and completed a program as required by the superintendent, and

(B) paid the prescribed fees.

(3) If it is, in the superintendent's opinion, in the public interest for a person in the circumstances referred to in subsection (2) (a) or (b) to participate in an ignition interlock program specified by the superintendent and the person pays the prescribed fees for the ignition interlock program, the superintendent may require a statement in, endorsement on or attachment to the person's driver's licence adding a condition of the driver's licence that the person participate in and complete the ignition interlock program, to the satisfaction of the superintendent.

(4) The superintendent may

(a) as part of a condition of a driver's licence under subsection (3), specify a date by which or a period of time during which the person must complete the program, and

(b) at any time extend, change or cancel a date or period of time specified under paragraph (a).

(5) Section 25 (13) applies to a condition imposed in respect of a person's driver's licence under this section.

(6) If the superintendent notifies the Insurance Corporation of British Columbia

(a) under subsection (2) (a), the corporation must,

(i) on the expiry of the suspension, reinstate the driver's licence if

(A) the driver's licence has not expired or been cancelled,

(B) the person is otherwise qualified to hold the licence, and

(C) there is no other suspension, cancellation or prohibition under this Act in respect of the driver's licence or the person, or

(ii) on receipt of the notification, allow the person to apply for a new driver's licence, subject to any other suspension, cancellation or prohibition under this Act, or

(b) under subsection (2) (b), the corporation must, at the expiry of the suspension period, allow the person to apply for a new driver's licence, subject to any other suspension, cancellation or prohibition under this Act.

(7) The suspension of a person's driver's licence and of the person's right to apply for or obtain a driver's licence is extended

(a) if, on the expiry of a suspension under section 232 (2) and (3) (a) or (b), the person has not

(A) attended or participated in and completed a program to the satisfaction of the superintendent, and

(B) paid the prescribed fees, and

(b) until the person has done the things referred to in paragraph (a).

21 Section 234 is amended

(a) by repealing subsection (2) (a) and (b) and substituting the following:

(a) on a first conviction, to a fine of not less than $500 and not more than $2 000 or to imprisonment for not more than 6 months, or to both, and

(b) on a subsequent conviction, regardless of when the contravention occurred, to a fine of not less than $500 and not more than $2 000 or to imprisonment for not less than 14 days and not more than one year, or to both. , and

(c) by repealing subsection (4) (c) and substituting the following:

(c) contain a certificate of service in the form and with the content prescribed by the Lieutenant Governor in Council, showing that the notice of suspension under section 232 was personally served on the person.

 
Consequential Amendments

 
Motor Vehicle Act

22 Section 89 (1) (b) and (2) (b) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by striking out "the Insurance (Motor Vehicle) Act" and substituting "the Insurance (Vehicle) Act".

 
Traffic Safety Statutes Amendment Act, 1997

23 Sections 5, 9, 10, 14 and 30 (a) of the Traffic Safety Statutes Amendment Act, 1997, S.B.C. 1997, c. 43, are repealed.

Commencement

24 (1) Subject to subsection (2), this Act comes into force by regulation of the Lieutenant Governor in Council.

(2) A regulation bringing section 22 into force may not be made before the date that section 1 of the Insurance (Motor Vehicle) Amendment Act, 2003, S.B.C. 2003, c. 94, comes into force.