The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 7th day of October, 2019
Kate Ryan-Lloyd, Acting Clerk of the House
HONOURABLE MIKE FARNWORTH
MINISTER OF PUBLIC SAFETY
AND SOLICITOR GENERAL
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Part 1 of the Community Safety Act, S.B.C. 2013, c. 16, is amended by adding the following heading before section 1:
Division 1 – Interpretation and Application .
2 Section 1 is amended
(a) by adding the following definitions:
"closure provision" means the optional provision authorized to be included in a community safety order under section 14 (2) (d) [provision requiring the director to close property from use and occupation];
"criminal organization" has the same meaning as in section 467.1 [definitions related to criminal organization offences] of the Criminal Code;
"optional provision" means any provision authorized to be included in a community safety order under section 14 (2) [optional provisions of community safety order]; ,
(b) by repealing the definition of "owner" and substituting the following:
"owner", in relation to a property, means any of the following:
(a) a person, other than a person excluded by regulation, who is any of the following:
(i) a registered owner of an estate in fee simple in the property, including the registered owner of a life estate;
(ii) a holder of a registered agreement for sale and purchase of the property;
(iii) a lessee under a registered lease of the property, if the lease has a term longer than 20 years;
(iv) a manager of the property, whether on the person's own behalf or as agent or trustee for another person;
(b) in respect of property that is Crown land, the government;
(c) a prescribed person or entity; ,
(c) by adding the following definition:
"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act; ,
(d) by repealing the definition of "property" and substituting the following:
"property" means
(a) a building and the land on which the building is located, or
(b) land on which no building is located,
but does not include property excluded by regulation; ,
(e) by repealing the definition of "specified use", and
(f) by adding the following definition:
"specified activity" means any activity specified under Division 2 of this Part; .
3 The following section is added to Part 1:
2.1 Unless otherwise provided by regulation, this Act does not apply in relation to any of the following:
(a) Nisga'a Lands;
(b) Sechelt lands as defined in section 2 (1) of the Sechelt Indian Band Self-Government Act (Canada);
(c) treaty lands of a treaty first nation;
(d) an area over which aboriginal title has been established by a declaration of a court of competent jurisdiction or an agreement with the Crown.
4 The following Division is added to Part 1:
Division 2 – Specified Activities
2.2 In respect of drugs or intoxicants, the following activities are specified:
(a) the possession, production, use, trafficking, sale, importation or transportation of a controlled substance in contravention of the Controlled Drugs and Substances Act (Canada);
(b) the consumption, possession, production, sale or supply of cannabis in contravention of the Cannabis Control and Licensing Act;
(c) the distribution, possession, production or sale of cannabis in contravention of the Cannabis Act (Canada);
(d) the manufacture, purchase, sale, transport, giving, possession, storage, consumption or use of liquor in contravention of the Liquor Control and Licensing Act;
(e) the use or consumption, by any person, of an intoxicating substance as an intoxicant;
(f) the sale, transfer or exchange of an intoxicating substance if there is a reasonable basis to believe that the recipient will
(i) use or consume the intoxicating substance as an intoxicant, or
(ii) cause or permit the intoxicating substance to be used or consumed as an intoxicant.
2.3 In respect of firearms or weapons, the following activities are specified:
(a) the storage or possession of a prohibited firearm, prohibited weapon, restricted firearm or restricted weapon, as those terms are defined in section 84 of the Criminal Code, unless the possession or storage is authorized by law;
(b) the storage or possession of a firearm, prohibited weapon or restricted weapon that has been imported into Canada in contravention of the Firearms Act (Canada) or any other federal Act or regulation;
(c) the storage or possession of a stolen firearm;
(d) the storage or possession of an explosive in contravention of the Explosives Act (Canada) or a regulation made under that Act.
2.4 In respect of criminal organizations or gangs, the following activities are specified:
(a) the commission or promotion of a criminal organization offence in contravention of the Criminal Code;
(b) the accommodation, aid, assistance or support in any form of a criminal organization or gang.
2.5 In respect of gaming or gambling, the following activities are specified:
(a) gaming or gambling activities that contravene the Criminal Code;
(b) gaming or gambling activities that contravene the Gaming Control Act.
2.6 In respect of property obtained by crime, the following activities are specified:
(a) the storage of property obtained by crime in contravention of the Criminal Code;
(b) the possession of property obtained by crime in contravention of the Criminal Code;
(c) the trafficking of property obtained by crime in contravention of the Criminal Code.
2.7 The Lieutenant Governor in Council may by regulation do any of the following:
(a) prescribe additional activities that constitute specified activities under any of sections 2.2 to 2.6;
(b) prescribe any other activities as specified activities;
(c) exempt specified activities from this Act or the regulations.
5 Section 3 is amended by adding the following subsections:
(4) If the director has delegated a power or duty under subsection (2), a reference to the director in relation to that power or duty includes the delegate.
(5) This section does not restrict or limit the authority in section 23 [powers to act for ministers, deputy ministers and public officers] of the Interpretation Act.
6 The following section is added to Part 2:
5.1 (1) Within the first 5 months of each fiscal year, the director must report to the minister on the following matters respecting the previous fiscal year:
(a) the number of investigators and other persons involved in administering and enforcing this Act and the regulations;
(b) the number of complaints made under section 6;
(c) the number of complaints investigated under section 7 (1) (b);
(d) the number of complaints resolved by agreement or informal action under section 7 (1) (d);
(e) the number of applications made under each of the following provisions:
(i) section 9 [application by director for community safety order];
(ii) section 10 [application by complainant for community safety order];
(iii) section 11 [discontinuance of application by complainant];
(iv) section 17 [variation on application by director or complainant];
(v) sections 18 [variation of closure provision by owner] and 18.1 [variation of optional provision by occupant];
(f) the number of community safety orders made;
(g) the number of appeals brought under section 20 [appeals];
(h) other information the minister may require.
(2) The minister must publish a report made under subsection (1) on a publicly accessible website maintained by or on behalf of the minister.
7 Section 6 (1) (a) is amended by striking out "is being used for a specified use" and substituting "is being habitually used for a specified activity".
8 The heading to Division 2 of Part 3 is repealed and the following substituted:
Division 2 – Making and Discontinuing Applications .
9 Section 11 is repealed and the following substituted:
11 (1) On an application by a complainant, a court may discontinue an application made under section 10 only if
(a) the complainant has given notice to the director, in the form and manner required by the director, that the complainant intends to discontinue the application, and
(b) the 10-day period referred to in subsection (2) has expired.
(2) Within 10 days after receiving notice that a complainant intends to discontinue an application made under section 10, the director may, after giving notice to the complainant, apply for an order to continue the complainant's application in the director's name.
10 The following heading is added after section 11:
Division 2.1 – Making and Serving Orders .
11 The following section is added to Division 2.1:
11.1 In this Division:
"conviction" means a conviction
(a) that is not subject to appeal or further appeal, or
(b) for which no appeal is taken;
"finding of guilt" includes a finding of guilt by a court, whether or not the court orders an absolute or conditional discharge under section 730 of the Criminal Code, but does not include a finding of guilt if
(a) the finding is subject to appeal or further appeal, or
(b) an appeal is being taken in respect of the finding of guilt.
12 Section 12 is amended
(a) in subsection (1) (a) by striking out "habitually used for a specified use" and substituting "habitually used for a specified activity", and
(b) in subsection (2) by striking out "health, safety and security" and substituting "health, safety or security".
13 The following sections are added:
12.1 (1) In an application for an order under this Act, the court may consider evidence that a person, in respect of an offence that constitutes a specified activity, was
(a) found guilty,
(b) convicted, or
(c) found not criminally responsible on account of mental disorder.
(2) In proceedings under this Act, proof that a person was convicted, found guilty or found not criminally responsible on account of a mental disorder in respect of a criminal organization offence, as defined in the Criminal Code, is proof, in the absence of evidence to the contrary, that the person is a member of a criminal organization.
(3) Subsections (1) and (2) do not apply to a person who was convicted, found guilty or found not criminally responsible on account of a mental disorder in respect of an offence that constitutes a specified activity if
(a) a record suspension, as defined in the Criminal Records Act (Canada), has been granted under that Act in respect of the offence, and
(b) the record suspension has neither been revoked nor ceased to have effect.
(4) Evidence of a finding or conviction referred to in subsection (1) or (2) may be proven in accordance with section 12.2.
(5) In an application for an order under this Act, the following are not relevant in making a finding of fact:
(a) evidence that a person was charged with and acquitted of an offence that constitutes a specified activity;
(b) evidence that a charge respecting an offence that constitutes a specified activity was withdrawn or stayed.
12.2 (1) A certificate
(a) that sets out a charge, the name of the person charged and whether or not there was, with respect to the charge, a conviction or finding referred to in section 12.1 (1) or (2), and
(b) that purports to be signed by
(i) the officer having custody of the records of the court in which the conviction or finding was made, or
(ii) a person authorized to act for the officer,
is, on proof of the identity of the person named in the certificate, sufficient evidence of the conviction or finding in respect of that person, without proof of the signature or the official position of the person purporting to have signed the certificate.
(2) If proof of a conviction or a finding is admitted in evidence in an application under this Act, the contents of the information, complaint or indictment relating to the offence for which the conviction or finding was made are admissible in evidence.
14 Section 14 is amended by adding the following subsection:
(4) The court may not make an order that includes a provision referred to in subsection (2) (a), (b) or (d) unless the director has been given an opportunity to make submissions in relation to the inclusion of the provision.
15 Section 15 (2) (a) is amended by striking out "sections 17 [variation on application by director or complainant] and 18 [variation on application by owner or occupants]" and substituting "sections 17 [variation on application by director or complainant], 18 [variation of closure provision by owner] and 18.1 [variation of optional provision by occupant]".
16 The heading to Division 3 of Part 3 is repealed and the following substituted:
Division 3 – Varying, Appealing and Complying with Orders .
17 Section 16 is repealed and the following substituted:
16 In this Division, "occupant", in relation to a property that is subject to a community safety order, means a person, other than an owner,
(a) who has the right to occupy the property, or
(b) who had a right to occupy the property but is required by the community safety order to vacate the property.
18 Section 18 is repealed and the following substituted:
18 (1) Subject to section 18.2 (2), if a community safety order includes a closure provision, an owner of the property to which the order relates may, before the closure date specified in the community safety order, apply to the court to vary or set aside the closure provision.
(2) On an application under this section to vary or set aside a closure provision in a community safety order, the court may consider any of the following:
(a) whether the applicant has complied with the order;
(b) whether the specified activity to which the order relates has ceased;
(c) whether the community or neighbourhood will be adversely affected if the closure provision is set aside or varied;
(d) whether the applicant will suffer undue hardship if the closure provision is not set aside or varied;
(e) whether varying or setting aside the closure provision will pose a threat to the health, safety or security of any person;
(f) any other matter the court considers relevant.
18.1 (1) Subject to section 18.2 (2), if a community safety order includes an optional provision, an occupant of the property to which the order relates may apply to the court to vary or set aside the optional provision.
(2) On an application under this section to vary or set aside an optional provision in a community safety order, the court may consider any of the following:
(a) whether the applicant has complied with the order;
(b) whether the applicant was involved in the specified activities to which the order relates;
(c) whether the community or neighbourhood will be adversely affected if the optional provision is set aside or varied;
(d) whether the applicant will suffer undue hardship if the optional provision is not set aside or varied;
(e) whether varying or setting aside the optional provision will pose a threat to the health, safety or security of any person;
(f) any other matter the court considers relevant.
(3) Without limiting subsection (2), if an applicant for an order under subsection (1) applies to vary or set aside a closure provision or a provision that terminates a tenancy agreement or lease, the court may also consider, in respect of any other person who will be residing at the property if the provision is varied or set aside, any of the following:
(a) whether the person has complied with the community safety order;
(b) whether the person was involved in the specified activities to which the order relates;
(c) whether the person will suffer undue hardship if the provision is not set aside or varied.
(4) Unless the court gives an extension under subsection (5), an application by an occupant under this section must be made within 14 days after the community safety order is served on the occupant.
(5) The court, if satisfied that it is in the interests of justice to do so, may do one or both of the following:
(a) extend the time for making an application under this section;
(b) if the application is in respect of a provision that terminates the occupant's tenancy agreement or lease and the termination date has not already passed, extend that date pending the outcome of the application.
18.2 (1) In making an order under section 18 or 18.1 to vary or set aside a closure provision or other optional provision, the court may, subject to subsection (2) of this section, vary, set aside or add any other optional provisions that the court considers necessary.
(2) In making an order under section 18 or 18.1, the court may not reinstate a tenancy agreement or lease if the termination date specified in the community safety order has already passed.
19 Section 19 is amended by striking out "section 17 or 18" wherever it appears and substituting "section 17, 18 or 18.1".
20 Section 20 (1) is amended
(a) in paragraph (e) by striking out "section 18 [variation on application by owner or occupant]" and substituting "section 18 [variation of closure provision by owner] or 18.1 [variation of optional provision by occupant]", and
(b) in paragraph (f) by striking out "section 18" and substituting "section 18 or 18.1".
21 Section 22 is amended by adding the following subsection:
(2.1) A person must immediately leave a property on request of the director if
(a) the person is required under a community safety order to vacate the property,
(b) the person is prohibited under a community safety order from entering or occupying the property, or
(c) the property is to be or has been closed under a community safety order.
22 The following section is added to Division 1 of Part 4:
22.1 In any application under this Act, the director may appear and make submissions in relation to the application.
23 The following section is added:
24.1 (1) In this section, "police officer" means a member of
(a) a municipal police department,
(b) the provincial police force, or
(c) a prescribed police force.
(2) The director may request assistance from a police officer for any of the following purposes:
(a) serving a community safety order under section 15 [service of community safety order];
(b) removing from a property a person who has refused to leave on request of the director under section 22 (2.1) [requirement to comply with community safety order];
(c) entering a property for a purpose referred to in section 23 [director's powers respecting posting documents];
(d) securing or monitoring a property under section 24 (1) [director's powers respecting property closure].
(3) If an order of possession in favour of an owner or landlord is given in a community safety order, the owner or landlord may request assistance from a police officer in obtaining possession of the property in order to vacate it.
24 Section 25 is amended
(a) by repealing subsection (2) and substituting the following:
(2) An owner who receives a certificate under subsection (1) must do one of the following:
(a) pay to the Minister of Finance, within 30 days after the date on which the certificate was issued, the amount payable under that certificate;
(b) make a request under section 25.1 (1), within the 14-day period referred to in that section, for reconsideration of the amount payable under the certificate. ,
(b) by repealing subsections (3) and (4), and
(c) by repealing subsection (5) and substituting the following:
(5) The director may file with the court a certificate issued under subsection (1) if the owner named in the certificate
(a) does not make a request under section 25.1 (1) within the 14-day period referred to in that section, and
(b) does not pay the amount payable under the certificate within the 30-day period referred to in subsection (2) (a) of this section.
25 The following section is added:
25.1 (1) An owner who receives a certificate under section 25 (1) may, within 14 days after the date on which the certificate was issued, request that the director reconsider the amount payable under the certificate.
(2) A request under subsection (1) must
(a) be in writing,
(b) be provided in the form and manner required by the director,
(c) include the owner's written submissions, and
(d) be served on the director at the director's address for service.
(3) Within 15 days after receiving a request under subsection (1), the director must do one of the following:
(a) confirm the certificate;
(b) if the director considers that the amount payable under the certificate is incorrect or unreasonable,
(i) vary the amount payable under the certificate, or
(ii) withdraw the certificate.
(4) The director must give to the owner written notice of the director's decision under subsection (3).
(5) An owner who receives notice under subsection (4) that the director has confirmed or varied the amount payable under a certificate must do one of the following:
(a) pay to the Minister of Finance, within 30 days after the date on which the notice is given, the amount payable under the confirmed or varied certificate;
(b) make an application under section 26 (1), within the 14-day period referred to in that section, for a registrar or master to review the certificate.
(6) The director may file with the court a certificate that has been confirmed under subsection (3) (a) of this section or varied under subsection (3) (b) (i) of this section if the owner named in the certificate
(a) does not make an application under section 26 (1) within the 14-day period referred to in that section, and
(b) does not pay the amount payable under the certificate within the 30-day period referred to in subsection (5) (a) of this section.
(7) A certificate filed under subsection (6) has the same effect and is enforceable in the same manner as if it were a judgment of the court in favour of the government for the recovery of a debt in the amount specified in the certificate.
26 Section 26 is amended
(a) in subsection (1) by striking out "An owner to whom a certificate is issued under section 25 may, within 14 days after receiving the certificate," and substituting "An owner who receives notice under section 25.1 (4) that the director has confirmed or varied the amount payable under a certificate may, within 14 days after receipt of the notice,",
(b) in subsection (2) by striking out ", and the director is entitled to appear and make submissions at the review", and
(c) by repealing subsection (3) (b) and substituting the following:
(b) if the master or registrar considers that the amount of the costs set out in the certificate is incorrect or unreasonable, vary the amount payable under the certificate.
27 Section 29 is amended
(a) in subsection (1) (b) by striking out "section 22 (1), (2), (4), (5) or (6)" and substituting "section 22 (1), (2), (2.1), (4), (5) or (6)", and
(b) by repealing subsection (4) and substituting the following:
(4) If an offence continues for more than one day, separate fines may be imposed for each day the offence continues and, for this purpose, each fine must be less than the applicable maximum fine under section 30.
28 Section 33 (2) is repealed and the following substituted:
(2) The director may collect, use and disclose information, including personal information, as set out in this section.
(2.1) The director may collect, use and disclose information, including personal information, for the purposes of administering and enforcing this Act and the regulations.
(2.2) The director may collect, use or disclose information, including personal information, if the collection, use or disclosure is made under an information-sharing agreement referred to in section 33.1.
29 Section 33 (8) is amended by striking out "For the purposes of this Act," and substituting "For the purposes of administering and enforcing this Act or the regulations,".
30 The following sections are added:
33.1 (1) With the prior approval of the minister, the director may enter into an agreement to share information, including personal information, with any of the following:
(a) the government of Canada or an agency of that government;
(b) the government of a province or other jurisdiction in Canada or an agency of that government;
(c) an agency within Canada that carries out any of the following:
(i) policing, including criminal intelligence operations;
(ii) investigations that lead or could lead to a penalty or sanction being imposed;
(iii) proceedings that lead or could lead to a penalty or sanction being imposed;
(iv) prescribed activities.
(2) The director may enter into an agreement to share information, including personal information, with a public body.
(3) An information-sharing agreement under subsection (1) or (2) may be entered into for any of the following purposes:
(a) the administration or enforcement of this Act or the regulations;
(b) sharing information about an owner or occupant of a property in respect of which
(i) a complaint is or has been made under section 6 [complaints],
(ii) an application is or has been made under section 9 [application by director for community safety order],
(iii) an application is or has been made under section 10 [application by complainant for community safety order], or
(iv) a community safety order is or has been made.
34.1 If there is a conflict between this Act and the Manufactured Home Park Tenancy Act or the Residential Tenancy Act, this Act prevails.
31 Section 35 (2) is amended
(a) by adding the following paragraph:
(a.1) excluding persons or classes of persons for the purpose of paragraph (a) of the definition of "owner" in section 1; ,
(b) by repealing paragraph (b) and substituting the following:
(b) prescribing persons or entities or classes of persons or entities for the purpose of paragraph (c) of the definition of "owner" in section 1; ,
(c) by adding the following paragraphs:
(b.1) excluding property or classes of property for the purpose of the definition of "property" in section 1;
(b.2) providing for the application of this Act to lands referred to in section 2.1; ,
(d) by repealing paragraph (c) and substituting the following:
(c) prescribing activities for the purposes of section 2.7 (a) and (b) [regulations respecting specified activities]; , and
(e) by adding the following paragraph:
(c.1) prescribing exemptions for the purposes of section 2.7 (c) [regulations respecting specified activities], including, without limitation,
(i) exempting a specified activity, in whole or in part, from this Act,
(ii) establishing circumstances in which an exemption applies, and
(iii) setting conditions or limits on the application of an exemption.
32 Section 35 (3) (a) is repealed and the following substituted:
(a) make different regulations for
(i) different persons, entities, property, uses, activities, circumstances or things, or
(ii) different classes of persons, entities, property, uses, activities, circumstances or things;
(a.1) establish different classes of persons, entities, property, uses, activities, circumstances or things; .
33 This Act comes into force on the date of Royal Assent.