BILL 16 – 2007
PUBLIC SAFETY STATUTES AMENDMENT ACT, 2007

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

 
Correction Act

1 Section 1 of the Correction Act, S.B.C. 2004, c. 46, is amended

(a) in paragraphs (a) and (b) of the definition of "authorized person" by adding ", 19.1" after "19", and

(b) by repealing the definition of "inmate communication" and substituting the following:

"inmate communication" means communication made or intended to be made by oral, written, electronic or prescribed means between an inmate and another person, including another inmate, other than a privileged communication specified under section 33 (2) (u); .

2 The following section is added:

Disclosure

19.1 (1) An authorized person may,

(a) in prescribed circumstances or in relation to prescribed classes of inmate communication, disclose in the prescribed manner that a communication is inmate communication, and

(b) in prescribed circumstances or in relation to prescribed classes of communication specified under section 33 (2) (u) as privileged, disclose in the prescribed manner that a privileged communication originates from the correctional centre.

(2) For the purposes of subsection (1) (b), an authorized person may without individualized suspicion intercept a privileged communication.

 
Criminal Records Review Act

3 Section 1 of the Criminal Records Review Act, R.S.B.C. 1996, c. 86, is amended

(a) by repealing the definition of "conviction" and substituting the following:

"conviction" includes

(a) a conviction for an attempt to commit a relevant offence,

(b) a conditional discharge,

(c) a conviction for which a pardon has been granted by the National Parole Board, continued under the Corrections and Conditional Release Act (Canada),

(d) a disposition, made before April 1, 2003, under the Young Offenders Act (Canada) as it then was,

(e) a sentence under the Youth Criminal Justice Act (Canada),

(f) the use of alternative measures under section 717 of the Criminal Code to deal with an alleged commission of a relevant offence, and

(g) an order under sections 810, 810.1 and 810.2 of the Criminal Code; ,

(b) by repealing the definition of "relevant offence" and substituting the following:

"relevant offence" means

(a) a provision designated in Schedule 1 as a relevant offence and includes a predecessor to that provision, and

(b) an offence in a jurisdiction outside Canada that is, in the opinion of the registrar, similar to an offence referred to in paragraph (a); ,

(c) by repealing the definition of "work with children" and substituting the following:

"work with children" means working with children directly or having or potentially having unsupervised access to children

(a) in the ordinary course of employment,

(b) in the practice of an occupation, or

(c) during the course of an education program. , and

(d) by adding the following definitions:

"education institution" means a post secondary institution, within the meaning of section 7, that offers an education program;

"education program" means an education program, offered by an education institution,

(a) that includes a practicum component involving work with children, and

(b) the successful completion of which is a requirement for

(i) registration as a member of a governing body designated by regulation, or

(ii) authorization under the Independent School Act to provide the services of a teacher;

"inspector" means the inspector of independent schools appointed under the Independent School Act;

"registered student" means a student registered with an education institution in an education program; .

4 The heading to Part 2 is repealed and the following substituted:

Part 2 -- Criminal Record Check and Reconsideration .

5 Section 4 is amended

(a) in subsection (2) (b) by striking out "or minister" and substituting ", education institution or inspector or the administrator", and

(b) in subsection (4) by adding the following paragraphs:

(f) the education institution, if the individual is a registered student or an applicant for registration;

(g) the inspector, if the individual is an individual referred to in section 17.5 (1).

6 Section 5 (7) is amended by adding the following paragraphs:

(e) the education institution, if the individual is a registered student or an applicant for registration;

(f) the inspector, if the individual is an individual referred to in section 17.5 (1).

7 Section 6 (1) is amended by adding the following paragraphs:

(d) the education institution, if the individual is a registered student or an applicant for registration;

(e) the inspector, if the individual is an individual referred to in section 17.5 (1).

8 Section 7 (2) (a) is repealed and the following substituted:

(a) an employee who is subject to a criminal record check

(i) under Part 4 as a registered member, or

(ii) under Part 4.2 as an individual who applies for or holds a certification under section 5 of the Independent School Act or who is specified in a letter of permission under that section, .

9 Section 8 (1) is amended by adding "in accordance with this Part" after "criminal record check".

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

(1) An employee who works with children must provide a criminal record check authorization to his or her employer

(a) before the date prescribed by regulation, and

(b) at least once every 5 years after the date on which the authorization is provided in compliance with paragraph (a).

11 Section 13 (1) is amended by adding "in accordance with this Part" after "criminal record check".

12 Section 15 (1) is repealed and the following substituted:

(1) A registered member must provide a criminal record check authorization to his or her governing body

(a) before the date prescribed by regulation, and

(b) at least once every 5 years after the date on which the authorization is provided in compliance with paragraph (a).

13 The following Parts are added:

Part 4.1 -- Registered Students Working with Children

General duty of education institutions

17.1 (1) An education institution must ensure that every registered student who will work with children undergoes a criminal record check.

(2) An education institution must inform registered students of the requirements of this Act.

Registered students working with children

17.2 (1) Before working with children, a registered student must provide a criminal record check authorization to his or her education institution.

(2) If a registered student does not provide the criminal record check authorization as required by subsection (1), the registered student must not work with children until the registered student has provided the criminal record check authorization.

Effect of finding of risk

17.3 If the deputy registrar determines that an outstanding charge or a conviction indicates that a registered student presents a risk of physical or sexual abuse to children and unless that determination is overturned by the registrar under section 5, the education institution must ensure that the registered student does not work with children as a registered student.

New convictions or outstanding charges

17.4 (1) If a registered student who works with children is charged with or convicted of a relevant offence subsequent to a criminal record check, the registered student must promptly report the charge or conviction to the education institution and provide to the education institution a criminal record check authorization for a further criminal record check.

(2) When an education institution becomes aware that a registered student who works with children has an outstanding charge for, or has been convicted of, a relevant offence, the education institution must require the registered student to provide a criminal record check authorization for a further criminal record check.

Part 4.2 -- Independent Schools

Duty of inspector

17.5 (1) The inspector must ensure that every individual who applies for or holds a certification under section 5 of the Independent School Act or who is specified in a letter of permission under that section undergoes a criminal record check in accordance with this Part.

(2) The inspector must inform individuals referred to in subsection (1) of the requirements of this Act.

New certifications and letters of permission

17.6 (1) Before a certification or a letter of permission is issued under section 5 of the Independent School Act, the individual to be certified or to be specified in the letter of permission must provide to the inspector a criminal record check authorization.

(2) If an individual does not provide the criminal record check authorization required by subsection (1), the inspector must not issue a certification to the individual or specify the individual in a letter of permission.

Existing certification holders

17.7 (1) A person who holds a certification under section 5 of the Independent School Act must provide a criminal record check authorization to the inspector

(a) before the date prescribed by regulation, and

(b) at least once every 5 years after the date on which the authorization is provided in compliance with paragraph (a).

(2) If a person referred to in subsection (1) does not provide a criminal record check authorization as required by subsection (1) or section 17.9,

(a) the person must not work with children until the person has provided the criminal record check authorization, and

(b) the inspector must review the certification and take appropriate action under the Independent School Act.

Effect of finding of risk

17.8 If the deputy registrar determines that an outstanding charge or a conviction indicates that an individual presents a risk of physical or sexual abuse to children and unless that determination is overturned by the registrar under section 5, the inspector must review the individual's application for certification or the proposed letter of permission and take appropriate action under the Independent School Act.

New convictions or outstanding charges

17.9 (1) If a person who holds a certification or is specified in a letter of permission under section 5 of the Independent School Act is charged with or convicted of a relevant offence subsequent to a criminal record check, the person must promptly report the charge or conviction to the inspector and provide to the inspector a criminal record check authorization for a further criminal record check.

(2) When the inspector becomes aware that a person who holds a certification or is specified in a letter of permission under section 5 of the Independent School Act has an outstanding charge for, or has been convicted of, a relevant offence, the inspector must require the person to provide a criminal record check authorization for a further criminal record check.

14 Section 18 is amended in the definition of "unlicensed family child care facility" by striking out "other than a facility under the Community Care Facility Act".

15 Section 19 (1) is amended by adding "in accordance with this Part" after "criminal record check".

16 Section 21 (1) is repealed and the following substituted:

(1) A child care provider must provide a criminal record check authorization to the administrator

(a) before the date prescribed by regulation, and

(b) at least once every 5 years after the date on which the authorization is provided in compliance with paragraph (a).

17 Section 22 (2) is amended by striking out "minister" in both places and substituting "administrator".

18 Section 28 is amended

(a) in subsection (1) by striking out "or 21 (2) (a)" and substituting ", 17.1 (1), 17.2 (2), 17.3, 17.4 (2), 17.5 (1), 17.6 (2), 17.7 (2) (a) or (b), 17.8, 17.9 (2), 21 (2) (a) or 28.1 (2)", and

(b) in subsection (2) by adding "17.2 (1), 17.4 (1), 17.7 (1), 17.9 (1)," after "17 (1),".

19 The following section is added:

Request for records or information

28.1 (1) The registrar may request a person who has a duty under section 8, 13, 17.1, 17.5 or 19 to ensure that criminal record checks are undergone to submit records or information if the registrar considers it necessary in determining whether the person's duty is being performed.

(2) A person who receives a request under subsection (1) must comply with the request.

20 Section 29 (2) is amended by adding the following paragraph:

(a.1) prescribing dates for the purposes of sections 10 (1), 15 (1), 17.7 (1) and 21 (1), including prescribing different dates for different persons or different classes of persons to whom those sections apply; .

 
Independent School Act

21 Section 5 of the Independent School Act, R.S.B.C. 1996, c. 216, is amended

(a) in subsection (2) by adding "and to subsection (2.1)" after "Subject to the regulations",

(b) in subsection (2) (c) by striking out "utilize" and substituting "use", and

(c) by adding the following subsection:

(2.1) The inspector must not issue certification to a person or a letter of permission to an authority permitting the authority to use the services of a person as a teacher if the deputy registrar under the Criminal Records Review Act determines that the person presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under section 5 of that Act.

 
Liquor Control and Licensing Act

22 Section 34 of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, is amended by adding the following subsection:

(4) A minor commits an offence who, for the purpose of purchasing or attempting to purchase liquor or of gaining or attempting to gain access to a licensed establishment, presents identification, proof of age or any other record to establish his or her age or identity if that identification, proof of age or other record

(a) has been altered or defaced to misrepresent the age or identity of the minor,

(b) was not issued by the issuing agency to the minor,

(c) was issued by the issuing agency to another person, or

(d) is otherwise forged or fraudulently made.

23 Section 73 (2) is repealed and the following substituted:

(2) Without limiting any other provision of this section, a licensee must

(a) promptly produce and submit for inspection any record, thing or sample requested by a person acting under the authority of this section, and

(b) allow the licensed establishment to be inspected under this section, immediately upon being requested to do so by a person acting under the authority of this section,

(i) at any time provided for in the terms and conditions of the licence, and

(ii) without limiting subparagraph (i), at all reasonable times.

(3) Despite section 48 (1) and any other provision of this Act or the regulations, a contravention of subsection (2) does not constitute an offence.

 
Motion Picture Act

24 Section 1 of the Motion Picture Act, R.S.B.C. 1996, c. 314, is amended

(a) by adding the following definitions:

"administrative agreement", in relation to the administrative authority, means the agreement referred to in section 12.4;

"administrative authority" means the Business Practices and Consumer Protection Authority established under the Business Practices and Consumer Protection Authority Act; , and

(b) by repealing the definition of "director" and substituting the following:

"director" means, subject to the restrictions specified in a designation, the individual or administrative authority designated under section 12.1 as director; .

25 Section 12 (4) is repealed and the following substituted:

(4) Unless reconsideration has been requested under section 12.2, a film seized under subsection (2) or (3) becomes the property of the government and, no earlier than 60 days after the date of seizure, the government may have the film destroyed by the director.

26 Section 12.1 is repealed and the following substituted:

Director and delegation

12.1 (1) The minister may designate as a director either or both of the following:

(a) an individual appointed under the Public Service Act;

(b) the administrative authority, if the Lieutenant Governor in Council has approved the administrative agreement.

(2) If the minister designates both an individual and the administrative authority as directors and both directors may perform or exercise powers, functions and duties under this Act at the same time, the minister must specify in each designation

(a) the powers, functions and duties that the individual or administrative authority may perform or exercise, and

(b) the restrictions to the performance or exercise of those powers, functions and duties.

(3) Subject to subsection (4), the director may delegate to a person or a class of persons any of the director's powers, functions or duties under this Act, including, without restriction, any power, function or duty referred to in sections 2 to 8, 12 and 12.2.

(4) The director's delegation must be in writing and may include any terms or conditions the director considers advisable.

27 The following sections are added:

Administrative agreement with administrative
authority required

12.4 (1) Subject to the approval of the Lieutenant Governor in Council, the minister may enter into an administrative agreement with the administrative authority permitting the authority to perform or exercise some or all of the director's powers, functions and duties under this Act.

(2) An administrative agreement must include provisions that specify all of the following:

(a) the expected outcomes to be achieved by the authority in performing or exercising the director's powers, functions and duties under this Act;

(b) the performance objectives of the authority;

(c) the authority's acceptance of the responsibility to perform or exercise powers, functions and duties set out in the agreement;

(d) the terms for financial arrangements between the authority and the government, including the collection and payment of fees due to the authority or the government and any other financial transitional matters;

(e) the right of access of the authority to records created by the government and the right of access of the government to records created by the authority;

(f) the requirements for records management by the authority;

(g) the requirement that the authority report to the government any matters in respect of the powers, functions and duties the authority performs or exercises under this Act;

(h) the requirement that the authority carry adequate insurance;

(i) indemnification between the authority and the government;

(j) the obligations of the parties if the agreement is terminated;

(k) the time period of the agreement or the procedure for the review of the agreement by the authority and the government;

(l) procedures for the settlement of disputes;

(m) the liability of the authority arising out of its performance or exercise of the powers, functions and duties of the director under this Act.

(3) The administrative authority must comply with the terms of the administrative agreement, and may not perform or exercise the powers, functions and duties of the director under this Act except in accordance with that agreement.

(4) Subject to the approval of the Lieutenant Governor in Council, the minister may amend or revoke the administrative agreement without the consent of the administrative authority if the minister gives the authority prior written notice.

Designation does not make administrative
authority an agent of the government

12.5 If the administrative authority is designated as a director under section 12.1, the authority is not an agent of the government for the purpose of that designation.

Power of administrative authority to set
and retain fees

12.6 (1) Despite the power of the Lieutenant Governor in Council under section 14 (2) (i) [power to make regulations prescribing fees], but subject to subsection (2) of this section, if the administrative authority is designated as a director and is authorized to issue licences under this Act, to review motion pictures under section 5 (1) or to perform or exercise any other power, function or duty under this Act, the administrative authority may set the fees payable for those licences, for purposes of those reviews or in relation to those powers, functions and duties, as the case may be, including, without limitation, fees for any of the following:

(a) applications for licences, licence amendments or exemptions from the requirement to be licensed, and for processing those applications;

(b) decals, certificates or other evidence of approvals or classifications;

(c) replacement, amendment or copying of a record described in paragraph (a) or (b) or of any other record;

(d) administering reconsiderations under section 12.2.

(2) The administrative authority may not charge fees under subsection (1) unless they are approved by the minister.

(3) Fees set under this section may be different for different kinds of

(a) motion pictures and their intended uses,

(b) motion picture distributors, video distributors, video retailers and theatres, and

(c) licences.

(4) Fees approved and payable pursuant to this section do not constitute public money under the Financial Administration Act and are to be collected and retained by the administrative authority and used to fund the operating costs and capital expenditures necessary to perform or exercise the powers, functions and duties that the authority is authorized to perform or exercise under this Act.

28 Section 14 is amended

(a) in subsection (2) (a) by striking out "retailers and video retailers" and substituting "retailers, video retailers and theatres",

(b) in subsection (2) (k) by striking out "motion picture exhibitors and video retailers" and substituting "video retailers and theatres", and

(c) by repealing subsection (3) and substituting the following:

(3) The fees prescribed under this Act may be different for different kinds of

(a) motion pictures and their intended uses,

(b) motion picture distributors, video distributors, video retailers and theatres, and

(c) licences.

 
Motor Vehicle Act

29 Section 35 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed.

30 Section 210 is amended

(a) in subsection (2) by adding the following paragraphs:

(u) exempting a person or class of persons, in respect of the issue of a class of driver's licence, from a requirement under this Act to

(i) pay a fee or a class of fee,

(ii) undergo testing or a class of testing, or

(iii) have a minimum amount of driving experience, minimum driving skills or other qualifications,

if the person

(iv) is not a Canadian citizen or a permanent resident of Canada as defined in the Immigration and Refugee Protection Act (Canada), and

(v) is a foreign representative or the spouse or a dependent of a foreign representative who has been granted privileges, immunities or benefits under the Foreign Missions and International Organizations Act (Canada) that have not been withdrawn;

(v) setting out circumstances when an exemption referred to in paragraph (u) does not apply to a person or class of persons referred to in that paragraph. , and

(b) by adding the following subsection:

(2.3) A regulation under subsection (2) (u) may

(a) confer a discretion on the Insurance Corporation of British Columbia, or

(b) delegate a matter to the Insurance Corporation of British Columbia.

Transitional Provision

Transitional -- exemptions under section 35 (2) of the Motor Vehicle Act

31 An exemption granted by the Insurance Corporation of British Columbia under section 35 (2) of the Motor Vehicle Act, as it read immediately before its repeal by section 29 of this Act, is valid until the earliest of the following:

(a) the exemption ceases as set out in section 35 (4) (a) or (b) of the Motor Vehicle Act, as that section read immediately before its repeal by section 29 of this Act;

(b) the Insurance Corporation of British Columbia withdraws the exemption;

(c) 3 years after the date this section comes into force.

Commencement

32 This Act comes into force by regulation of the Lieutenant Governor in Council.