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 Trespass Act, S.B.C. 2018, c. 3, is amended

(a) by adding the following definitions:

"contaminate" means to expose to conditions that permit

(a) the introduction of foreign matter, including filth, a poisonous substance or pest,

(b) the introduction or multiplication of disease-causing microorganisms or parasites, or

(c) the introduction or production of toxins;

"food establishment" means any place where, or any vehicle in which, in the ordinary course of business, food is grown, raised, cultivated, kept, harvested, produced, manufactured, slaughtered, processed, prepared, packaged, distributed, transported or sold, or is stored or handled for any purpose; , and

(b) in the definition of "premises", by striking out "and" at the end of paragraph (b) (iii) and by striking out the semi-colon at the end of paragraph (b) (iv) and substituting ", and" and by adding the following paragraph:

(c) a food establishment; .

2 The following section is added after section 2:

Contamination of a food establishment prohibited

2.1  (1) Subject to section 3, a person who trespasses on or in premises that is a food establishment and contaminates the food establishment in the course of trespassing on such premises commits an offence.

(2) A person who encourages or counsels another person to trespass on or in premises that is a food establishment and that trespass results in the contamination of the food establishment commits an offence.

3 Section 3 is amended by adding "or 2.1" after "under section 2".

4 Section 8 is amended by adding ", section 2.1 [contamination of a food establishment prohibited]" after "section 2 [trespass prohibited]".

5 The following section is added after section 8:

Additional fines for trespassing on or in or contaminating a food establishment

8.1  (1) In addition to compensation that may be ordered under section 8, the Provincial Court may impose a fine of not more than $10 000 or a term of imprisonment for not more than one month on a person convicted of an offence under section 2 in relation to the trespass on or in premises that is a food establishment.

(2) In addition to compensation that may be ordered under section 8, the Provincial Court may impose a fine of not more than $25 000 or a term of imprisonment for not more than 6 months on a person convicted of an offence under section 2.1 (1) in relation to the contamination of premises that is a food establishment.

(3) The Provincial Court may impose a fine of not more than $50 000 on a person convicted of an offence under section 2.1 (2).

Commencement

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