Bill 17 – 2022: Miscellaneous Statutes Amendment Act, 2022

HONOURABLE DAVID EBY
ATTORNEY GENERAL AND MINISTER
RESPONSIBLE FOR HOUSING

BILL 17 – 2022

MISCELLANEOUS STATUTES
AMENDMENT ACT, 2022

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

CLAUSE 1: [Offence Act, section 15]

provides for additional methods by which a person may submit or provide a notice of dispute in order to dispute the allegation or the fine portion of the ticketed amount indicated on a violation ticket, and provides for regulations making these additional methods not applicable to prescribed classes of violation tickets;
provides that a notice of dispute may contain an email address for the person disputing the allegation or fine and that a notice of hearing or notice of appearance may be sent to any email address set out in the notice of dispute;
clarifies references to addresses to refer to mailing addresses;
provides for the deemed delivery of a notice of dispute submitted by or in accordance with an electronic means.

(a) in subsection (1) by striking out "or" at the end of paragraph (a) and by adding the following paragraphs:

(c) submitting by or in accordance with any electronic means set out in the ticket or set out in the instructions prescribed under section 132 (2) (a.3) a notice of dispute, or

(b) in subsection (2) by striking out "or" at the end of paragraph (a) and by adding the following paragraphs:

(c) submitting by or in accordance with any electronic means set out in the ticket or set out in the instructions prescribed under section 132 (2) (a.3) a notice of dispute, or

(2.1) Subsections (1) (c) and (d) and (2) (c) and (d) do not apply to prescribed classes of violation tickets.

(2.2) The Lieutenant Governor in Council may make regulations respecting the provision of a notice of dispute for the purposes of subsection (1) (d) or (2) (d), and different regulations may be made under those subsections in respect of different classes of violation tickets.

(2.3) The Lieutenant Governor in Council may make regulations establishing classes of violation tickets for the purposes of subsection (2.1) or (2.2), which classes may be based on one or more of the following:

(d) in subsection (3) by striking out "an address" and substituting "a mailing address",

(3.3) A notice of dispute under this section may contain an email address for the person disputing the allegation or fine.

(4.1) For the purpose of this section, a notice of dispute that is submitted by or in accordance with an electronic means is deemed to have been delivered on the date on which it was submitted. , and

(f) in subsection (6) by striking out "at the address set out in the notice of dispute" and substituting "at the mailing address or any email address set out in the notice of dispute".

CLAUSE 2: [Offence Act, section 15] requires a copy of the violation ticket to be referred to the Provincial Court for a hearing when the notice of dispute is submitted or provided by the additional methods authorized under section 15 as amended by this Bill.

2 Section 15 (5) is amended by striking out "or" at the end of paragraph (a) and by adding the following paragraphs:

(d) provided in accordance with the regulations made for the purposes of subsection (1) (d) or (2) (d).

CLAUSE 3: [Offence Act, section 15] adds a reference to treaty first nation law, applicable if section 7 of the Miscellaneous Statutes Amendment Act (No. 2), 2021 is brought into force before clause 2 of this Bill is enacted and brought into force.

3 Section 15 (5) (c) (ii) is amended by adding "or established under the treaty first nation law" after "instructions prescribed under section 132 (2) (a.3)".

CLAUSE 4: [Offence Act, section 15.1] replaces references to a trial with references to a hearing.

(a) by striking out "a justice hearing the trial on a violation ticket" and substituting "at a hearing in relation to a violation ticket, a justice", and

CLAUSE 5: [Offence Act, sections 15.2 and 15.21] provides for the method of, and procedures at, hearings or appearances in relation to violation tickets, and in particular provides for hearings or appearances by telephone, video conference or other means of electronic communication.

Method of hearings or appearances in relation to violation tickets

15.2 (1) Subject to the applicable Rules of Court and this section, a hearing or appearance in relation to a violation ticket is to be held in person.

(2) Subject to the applicable Rules of Court, the chief judge of the Provincial Court may direct that hearings or appearances in relation to violation tickets or a class of violation tickets or to a class of hearings or appearances in relation to violation tickets, which classes may be defined by the chief judge, be held by telephone, video conference or other means of electronic communication.

(3) Despite section 45 (1), if a person to whom a subpoena is directed will be attending a hearing in relation to a violation ticket by telephone, video conference or other means of electronic communication, the subpoena must set out how the person must provide or present any writings that the person has in the person's possession or under the person's control relating to the hearing.

(4) For the purposes of a hearing or appearance in relation to a violation ticket, a reference in an enactment to attending, appearing or being before a justice, being in court or being at a place or location is not to be interpreted as requiring in-person attendance.

(5) If a hearing or appearance in relation to a violation ticket does not take place at a physical location because all participants attend the hearing or appearance by telephone, video conference or other means of electronic communication, the hearing or appearance is considered to take place at the court served by the registry where the court file is located.

Procedures at hearings or appearances in relation to violation tickets

15.21 Despite section 60, but subject to the applicable Rules of Court, a justice presiding at a hearing or appearance in relation to a violation ticket may adopt procedures that are conducive to justly and expeditiously determining the matter.

CLAUSE 6: [Offence Act, section 15.4]

provides for expanded circumstances in which, and expanded manners by which, a person may request a reduction in a fine amount or request time to pay;
provides for the sending of an order by email if an email address is included in the notice of dispute.

Disputing fine amount in writing

15.4 (1) A person who disputes only the fine portion of the ticketed amount indicated on a violation ticket may provide, in the prescribed form and in accordance with subsection (2),

(a) a statement that the person does not want to appear for a hearing of the dispute, and

(a) by including the form when the person delivers a notice of dispute under section 15 (1) (a) or (2) (a),

(b) by submitting the form when the person gives notice of dispute under section 15 (1) (b) or (2) (b),

(c) by including the form when the person submits or provides a notice of dispute under section 15 (1) (c) or (d) or (2) (c) or (d), or

(3) A person who delivers, gives, submits or provides a notice of dispute under section 15 (1) or (2) in respect of only the allegation, or in respect of the allegation and the fine portion of the ticketed amount, may provide, in the prescribed form, within a prescribed time and by a prescribed method,

(a) a statement that the person committed the offence and that the person does not want to appear for a hearing of the dispute, and

(a) the hearing required by section 15 (5) is satisfied by the consideration under paragraph (c) of this subsection,

(c) the justice to whom the matter is referred must consider the reasons provided in the form and make an order in the dispute in accordance with this Act, and

(d) the order of the justice made under paragraph (c) of this subsection may be sent as follows:

(i) by ordinary mail to the person who delivered, gave, submitted or provided the notice of dispute under section 15 (1) or (2);

(ii) by email to the person who delivered, gave, submitted or provided the notice of dispute under section 15 (1) or (2) if an email address for the person was included in the notice of dispute.

(5) An order of a justice sent by ordinary mail under subsection (4) (d) (i) is deemed to have been received on the seventh day after the date of mailing.

(6) An order sent by email under subsection (4) (d) (ii) is deemed to have been received as follows:

(a) if the order is sent before 4 p.m. on a day that is not a Saturday or holiday, the order is deemed to have been received on the day the order was sent;

(b) if the order is sent on a Saturday or holiday or after 4 p.m. on any other day, the order is deemed to have been received on the next day that is not a Saturday or holiday.

CLAUSE 7: [Offence Act, section 15.4] in relation to a violation ticket issued under a treaty first nation law, provides for expanded circumstances in which, and expanded manners by which, a person may request a reduction in a fine amount or request time to pay.

(a) in subsection (1) by striking out "violation ticket" and substituting "violation ticket, other than a violation ticket issued under a treaty first nation law,",

(1.1) A person who delivers a notice of dispute in respect of only the fine portion of the ticketed amount indicated on a violation ticket issued under a treaty first nation law may provide, in the form, if any, established under the applicable treaty first nation law and in accordance with subsection (1.2),

(a) a statement that the person does not want to appear for a hearing of the dispute, and

(1.2) A person may provide the form, or the statement and written reasons, referred to in subsection (1.1)

(a) by including the form, or the statement and written reasons, when the person delivers the notice of dispute referred to in that subsection, or

(b) within a time and by a method established under the applicable treaty first nation law, which time may not be more than any time prescribed under subsection (2). ,

(3.1) A person who delivers a notice of dispute in respect of only the allegation, or in respect of the allegation and the fine portion of the ticketed amount, indicated on a violation ticket issued under a treaty first nation law may provide, in the form, within a time and by a method, if any, established under the applicable treaty first nation law,

(a) a statement that the person committed the offence and that the person does not want to appear for a hearing of the dispute, and

(3.2) If a treaty first nation establishes a law for the purposes of subsection (3.1), the time established under that law for the purposes of that subsection may not be more than any time prescribed for the purposes of subsection (3). ,

(d) in subsection (4) by striking out "subsection (1) or (3)" and substituting "subsection (1), (1.1), (3) or (3.1)", and

(iii) in accordance with the applicable treaty first nation law if the person disputed the allegation or the fine portion of the ticketed amount indicated on a violation ticket issued under a treaty first nation law.

CLAUSE 8: [Offence Act, section 18.2] provides for a temporary process under which a designated person may impose a fine in a lesser amount than the fine portion of the ticketed amount indicated on a violation ticket in consideration of the means and ability of the person to pay the fine.

Regulations respecting lesser fines

18.2 (1) The Lieutenant Governor in Council may make regulations respecting the imposition, on application, of a fine in a lesser amount than the fine portion of the ticketed amount indicated on a violation ticket in consideration of the means and ability of the person to pay the fine, including regulations as follows:

(b) respecting whether a person may make an application under this section whether or not the person is disputing under section 15 only the fine portion of the ticketed amount indicated on the violation ticket;

(d) respecting the application of section 15 (5), (6) and (8) to (12) or 15.4 if

(ii) there is a notice of dispute under section 15 in respect of only the fine portion of the ticketed amount indicated on the violation ticket;

(e) designating any person or class of persons who may decide on an application made under this section;

(f) respecting criteria under which a request for the imposition of a fine in a lesser amount in consideration of the means and ability of the person to pay the fine may, may not or must be granted;

(g) respecting circumstances in which a person is considered not to have sufficient means and ability to enable the person to pay the fine;

(h) respecting the amount or percentage by which the fine portion of the ticketed amount indicated on a violation ticket may be reduced in imposing a fine in a lesser amount;

(i) providing for administrative matters if a fine in a lesser amount is imposed under this section.

(2) A fine may be imposed in a lesser amount under this section despite any other provision of this Act or any other Act, except subsection (4).

(3) Subject to subsections (4) to (7), if a regulation made under this section conflicts with this Act, the regulation prevails to the extent of the conflict.

(4) If a minimum fine is established under the Motor Vehicle Act for contravention of a provision of that Act, a fine of less than the minimum established may not be imposed under this section.

(5) An application under this section in respect of a violation ticket may not be made after

(a) the person is deemed to have pleaded guilty under section 14 (11), 15 (11) or (12) or 16 (1) to the alleged contravention on the ticket, or

(6) If, in respect of a violation ticket, a person makes an application under this section, the person is deemed to have pleaded guilty to the alleged contravention.

(7) For the purposes of section 82 (6) to (8), the imposition of a fine under this section is deemed to be an order made under section 82 (2) in respect of the fine and the victim surcharge levy that is to be paid with that fine.

(8) Regulations made under this section do not apply in respect of a violation ticket for which

(a) the person on whom the ticket has been served is disputing the allegation, or

(b) the person to whom the ticket has been mailed under section 14 (6), but on whom the ticket has not been served, is disputing the allegation.

(9) In making regulations under this section, the Lieutenant Governor in Council may make different regulations for

(a) different enactments, offences, enforcement officers, violation tickets, court registries, hearing locations, dates of service of violation tickets, dates of completion of violation tickets, or amounts of the fine portion of ticketed amounts indicated on violation tickets, or

(b) different classes of enactments, offences, enforcement officers, violation tickets, court registries, hearing locations, dates of service of violation tickets, dates of completion of violation tickets, or amounts of the fine portion of ticketed amounts indicated on violation tickets.

(10) This section is repealed 4 years after the date it comes into force and, on its repeal, any regulations made under it, unless repealed earlier, are also repealed.

CLAUSE 9: [Offence Act, section 18.2]

provides that a fine of less than the minimum established under a treaty first nation law for contravention of a provision designated by the treaty first nation may not be imposed;
adds a reference to treaty first nation laws.

(a) in subsection (2) by striking out "subsection (4)" and substituting "subsections (4) and (4.1)",

(4.1) If a minimum fine is established under a treaty first nation law for contravention of a provision of a treaty first nation law and the treaty first nation makes a treaty first nation law that designates the provision as a provision to which section 88 (1) does not apply, a fine of less than the minimum established may not be imposed under this section. , and

(c) in subsection (5) (a) by adding "or under a treaty first nation law" after "under section 14 (11), 15 (11) or (12) or 16 (1)".

CLAUSE 10: [Offence Act, section 18.3] provides for a temporary process under which a person may be granted time to pay a fine and a victim surcharge levy in consideration of the means and ability of the person to pay the fine and the levy at once.

Regulations respecting time to pay

18.3 (1) In relation to a fine authorized by this or any other Act and the victim surcharge levy that is, under section 8.1 of the Victims of Crime Act, to be paid with that fine, the Lieutenant Governor in Council may make regulations respecting the granting, on application, of time to pay the fine and the levy in consideration of the means and ability of the person to pay the fine and the levy at once, including regulations as follows:

(d) respecting the application of section 15 (5), (6) and (8) to (12) or 15.4 if

(ii) there is a notice of dispute under section 15 in respect of only the fine portion of the ticketed amount indicated on the violation ticket;

(e) designating any person or class of persons who may decide on an application made under this section;

(f) respecting criteria under which a request for time to pay the fine and the victim surcharge levy in consideration of the means and ability of the person to pay the fine and the victim surcharge levy at once may, may not or must be granted;

(g) respecting circumstances in which a person is considered not to have sufficient means and ability to enable the person to pay the fine and the victim surcharge levy at once;

(h) respecting time to pay the fine and the victim surcharge levy by a single payment or by instalments;

(i) respecting terms and conditions on the payment of the fine and the victim surcharge levy;

(j) providing for administrative matters if an application is granted under this section.

(2) An application to pay the fine and the victim surcharge levy at a time, in instalments and subject to terms and conditions may be granted despite any other provision of this Act or the Act under which the fine is imposed.

(3) Subject to subsections (4) to (6), if a regulation made under this section conflicts with this Act, the regulation prevails to the extent of the conflict.

(4) An application under this section in respect of a violation ticket may not be made after

(a) the person is deemed to have pleaded guilty under section 14 (11), 15 (11) or (12) or 16 (1) to the alleged contravention on the ticket, or

(5) If, in respect of a violation ticket, a person makes an application under this section, the person is deemed to have pleaded guilty to the alleged contravention.

(6) For the purposes of section 82 (5) to (8), the granting of an application made under this section, including any terms and conditions imposed, is deemed to be an order made under section 82 (2) in respect of the fine and the victim surcharge levy that is to be paid with that fine.

(7) Regulations made under this section do not apply in respect of a violation ticket for which

(a) the person on whom the ticket has been served is disputing the allegation, or

(b) the person to whom the ticket has been mailed under section 14 (6), but on whom the ticket has not been served, is disputing the allegation.

(8) In making regulations under this section, the Lieutenant Governor in Council may make different regulations for

(9) This section is repealed 4 years after the date it comes into force and, on its repeal, any regulations made under it, unless repealed earlier, are also repealed.

CLAUSE 11: [Offence Act, section 18.3] adds a reference to treaty first nation laws.

11 Section 18.3 (4) (a) is amended by adding "or under a treaty first nation law" after "under section 14 (11), 15 (11) or (12) or 16 (1)".

CLAUSE 12: [Offence Act, section 18.4] provides for a temporary process providing for a conference before a notice of hearing or notice of appearance is sent in respect of a violation ticket.

Regulations respecting conference in relation to violation tickets

18.4 (1) The Lieutenant Governor in Council may make regulations respecting a conference that is

(a) regarding a dispute under section 15 in respect of the allegation or the fine portion of the ticketed amount indicated on the violation ticket,

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) providing that a conference is available in respect of one or both of the following:

(b) designating a person or a class of persons to act in the place of a prosecutor at a conference;

(d) respecting the application of section 15 (6) and (8) to (12) or 15.4 to a violation ticket if a conference is initiated;

(e) respecting the manner in which a conference is held or the methods of attendance at a conference;

(f) respecting circumstances in which a prosecutor or person designated under the regulations to act in the place of a prosecutor and a defendant may enter into an agreement resolving the matter;

(g) respecting agreements that may be entered into at a conference that resolve the matter, subject to the approval of a justice;

(h) respecting the manner of approval by a justice of an agreement referred to in paragraph (g);

(i) respecting agreements that may be entered into at a conference that resolve the matter and that do not require the approval of a justice;

(j) for the purposes of an agreement entered into under this section in relation to an offence, prescribing another offence, whether or not it is an included offence;

(3) For the purposes of this section, the Lieutenant Governor in Council may make regulations establishing classes of violation tickets to which the regulations under this section apply and may make different regulations for different classes of violation tickets, which classes may be based on one or more of the following:

(g) amounts of the fine portion of ticketed amounts indicated on violation tickets;

(4) A conference must be initiated by the person who disputed the violation ticket.

(5) If a minimum fine is established under the Motor Vehicle Act for contravention of a provision of that Act, a fine of less than the minimum established may not be imposed if there is a conference.

(6) If a person or class of persons designated under subsection (2) (b) are not enforcement officers, section 63.1 applies in relation to the designated person or class of persons as if they were enforcement officers.

(7) If a regulation made under this section conflicts with this Act, the regulation prevails to the extent of the conflict.

(8) This section is repealed 4 years after the date it comes into force and, on its repeal, any regulations made under it, unless repealed earlier, are also repealed.

CLAUSE 13: [Offence Act, section 18.4] provides that a fine of less than the minimum established under a treaty first nation law for contravention of a provision designated by the treaty first nation may not be imposed if there is a conference.

(5.1) If a minimum fine is established under a treaty first nation law for contravention of a provision of a treaty first nation law and the treaty first nation makes a treaty first nation law that designates the provision as a provision to which section 88 (1) does not apply, a fine of less than the minimum established may not be imposed if there is a conference.

CLAUSE 14: [Offence Act, section 132]

provides for the Lieutenant Governor in Council to make regulations prescribing a form, times and methods for the purposes of section 15.4;
repeals a power to make regulations, consequential to the amendments made by this Bill to section 15.2.

(a.21) prescribing times and methods for the purposes of section 15.4 (2) (d) or (3); , and

Consequential Amendments

CLAUSE 15: [Miscellaneous Statutes Amendment Act (No. 2), 2021, section 7] makes amendments to this amendment to the Offence Act consequential to amendments made by this Bill to the Offence Act, applicable if clause 2 of this Bill is enacted and brought into force before section 7 of the Miscellaneous Statutes Amendment Act (No. 2), 2021 is brought into force.

15 Section 7 (b) of the Miscellaneous Statutes Amendment Act (No. 2), 2021, S.B.C. 2021, c. 27,

(b) as it enacts section 15 (5) of the Offence Act, is amended by striking out "or" at the end of paragraph (a) (ii) and by adding the following paragraphs:

(ii) in the instructions prescribed under section 132 (2) (a.3) or established under the treaty first nation law, or

(d) provided in accordance with the regulations made for the purposes of subsection (1) (d) or (2) (d). , .

Amendments to this Act

CLAUSE 16: [Repeal of sections 2, 3 and 15] provides for the Lieutenant Governor in Council repealing provisions of this Bill by regulation.

Repeal of sections 2, 3 and 15

16 The Lieutenant Governor in Council may repeal sections 2, 3 and 15 of this Act by regulation.

CLAUSE 17: [Ministry of Energy and Mines Act, sections 14 to 21] repeals the sections that deal with assayer examinations and certification.

17 Sections 14 to 21 of the Ministry of Energy and Mines Act, R.S.B.C. 1996, c. 298, are repealed.

CLAUSE 18: [Freedom of Information and Protection of Privacy Act, Schedule 2] is consequential to the repeal by this Bill of sections 14 to 21 of the Ministry of Energy and Mines Act.

18 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out the following:

CLAUSE 19: [Insurance (Vehicle) Act, section 174]

establishes a requirement that indemnification be reduced under the section to the extent that the operator of a vehicle, other than the eligible vehicle, that is owned, leased or rented by the insured is responsible for the accident;
is consequential to the repeal by this Bill of section 176.

19 Section 174 of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is amended

(4) The total value of indemnification under subsection (3) must be reduced by the extent to which, expressed as a percentage, the following persons are responsible for the accident:

(4.1) In respect of a vehicle that is not the insured's eligible vehicle, subsection (4) applies regardless of whether the vehicle is owned, leased or rented in British Columbia or in a jurisdiction outside British Columbia.

CLAUSE 20: [Insurance (Vehicle) Act, section 175]

establishes a requirement that indemnification be reduced under the section to the extent that the operator of a vehicle, other than the eligible vehicle, that is owned, leased or rented by the insured is responsible for the accident;
is consequential to the repeal by this Bill of section 176.

(4) The total value of indemnification under subsection (3) must be reduced by the extent to which, expressed as a percentage, the following persons are responsible for the accident:

CLAUSE 21: [Insurance (Vehicle) Act, section 176] removes an unnecessary provision.

CLAUSE 22: [Insurance (Vehicle) Act, section 180] provides authority to make regulations respecting indemnification under sections 174 (4) and 175 (4), as repealed and replaced by this Bill.

(f.1) respecting reduction of indemnification under sections 174 (4) and 175 (4), including, without limitation, prescribing a class of persons for whom, and the circumstances in which, the corporation must not reduce indemnification; .

Commencement

23 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Explanatory Notes