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

1 Section 15 of the Tla'amin Final Agreement Act, S.B.C. 2013, c. 2, is amended by adding the following subsections:

(2.1) If a person is convicted of an offence against a Tla'amin Law enacted under law-making authority delegated to the Tla'amin Nation in the foreshore agreement, in addition to any penalty provided for in the Tla'amin Law, on application by the Tla'amin Nation, the court may make an order

(a) prohibiting the person from doing any act or engaging in any activity that may, in the court's opinion, result in the continuation or repetition of the offence, and

(b) directing the person to take any action the court considers appropriate to remedy the harm that resulted from the commission of the offence.

(2.2) An order under subsection (2.1) must specify the duration of the order, which may not exceed one year.

(2.3) A person who fails to comply with an order under subsection (2.1) commits an offence and is liable on conviction to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or to both.

(2.4) For the purposes of section 169 of Chapter 15 [Governance] of the Tla'amin Final Agreement, a fine imposed in a prosecution of an offence under subsection (2.3) is deemed to be a fine imposed for a violation of a Tla'amin Law.

(2.5) If a person is convicted of an offence against a law referred to in subsection (2.1), on application by the Tla'amin Nation for compensation, the court must give consideration to the application and, in addition to any penalty imposed, may order the convicted person

(a) to pay to the Tla'amin Nation compensation, in an amount that is not more than the monetary limit specified under the Small Claims Act, for any damage or loss sustained by the Tla'amin Nation because of the commission of the offence, and

(b) in accordance with the schedule of costs prescribed under section 132 (2) (h) of the Offence Act, if any, to pay to the Tla'amin Nation the costs incurred by the Tla'amin Nation in investigating and prosecuting the person.

(2.6) In the case of a dispute, the amount of compensation payable under subsection (2.5) (a) must be proven on a balance of probabilities by the Tla'amin Nation.

(2.7) An order under subsection (2.5) may be enforced as a judgment of the court for the recovery of a debt in the amount stated against the person named.

Commencement

2  This Act comes into force on the date of Royal Assent.

 
Explanatory Note

SECTION 1: [Tla'amin Final Agreement Act, section 15] implements provisions of the Tla'amin Nation foreshore agreement by authorizing the court to make and enforce prohibitions, directions and compensation and costs orders.