British Columbia Bill 16 (Government) — 1st Parliament, 39th Session — Previous Version 1
1-39 Gov Bill 16-1
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2009 Legislative Session: 1st Session, 39th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE KASH HEED
MINISTER OF PUBLIC SAFETY AND SOLICITOR GENERAL
BILL 16 – 2009
BODY ARMOUR CONTROL ACT
This Bill establishes the requirements that an individual who possesses body armour hold a body armour permit authorizing the possession of body armour and that a person that sells, gives, transfers or otherwise disposes of body armour in any manner hold a security business licence or security worker licence under the Security Services Act .
Contents
Definitions
Part 1 – Possession of Body Armour
Prohibition on possession of body armour
Terms of exemption
Applying for body armour permit
Refusal of body armour permit
Body armour permit
Part 2 – Sale of Body Armour
Licences to sell body armour
Part 3 – Enforcement – Body Armour Permits
Body armour permit cancellation or suspension
Summary action to protect the public
Inspections
Enforcement provisions of Security Services Act apply in relation to body armour permit
Offences
Offence penalties
Part 4 – General
Register of body armour
Certificate evidence
Sending of notices and requests
Reconsideration
Investigations
Hearings
Seizure of body armour without a warrant
Regulations
Part 5 – Transitional Provision and Consequential Amendments
Transition – sale and possession of body armour
24-28
Consequential Amendments
Commencement
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Definitions
1 In this Act:
"body armour" means
(
a) a garment or item designed, intended or adapted for the purpose of protecting the body from projectiles discharged from a firearm, as defined in
section 2 of the Criminal Code , or
(
b) a prescribed garment or item;
"body armour permit" means a permit issued under
section 6 [body armour permit] authorizing a person to possess body armour;
"business entity" has the same meaning as in the Security Services Act ;
"crime" has the same meaning as in the Security Services Act ;
"inspector" has the same meaning as in the Security Services Act ;
"peace officer" means a person described in paragraph (
c) of the definition of "peace officer" in
section 29 of the
Interpretation Act ;
"registrar" means the Registrar of Security Services appointed under
section 49 of the Security Services Act ;
"security business licence" means a security business licence issued under
section 16 of the Security Services Act ;
"security worker licence" means a security worker licence issued under
section 5 of the Security Services Act ;
"sell" includes offer for sale, expose for sale, have in possession for sale, distribute, give, transfer, lend, send or otherwise dispose of, whether or not for consideration.
Part 1 – Possession of Body Armour
Prohibition on possession of body armour
(1) In this section:
"armoured car guard" means an individual who performs the work of, or provides any aspect of the services provided by, an armoured car guard service, as defined in the Security Services Act ;
"private investigator" has the same meaning as in the Security Services Act ;
"security consultant" has the same meaning as in the Security Services Act ;
"security guard" means an individual who performs the work of, or provides any aspect of the services provided by, a security guard service, as defined in the Security Services Act .
(2) A person must not possess body armour except under the authority of a valid body armour permit issued in the person's name.
(3) Subsection (2) does not apply to a person who
(
a) holds a valid security worker licence authorizing the person to perform the work of
(
i) an armoured car guard,
(ii) a private investigator,
(iii) a security consultant,
(iv) a security guard, or
(
v) a body armour salesperson,
while the person is in the course of employment under the security worker licence,
(
b) holds a valid security business licence for a security business described in paragraph (a), (c), (d), (e), (
f) or (
g) of the definition of "security business" in the Security Services Act , while the person is in the course of employment in relation to the security business licence, or
(
c) is exempt under the regulations.
Terms of exemption
3 If the basis on which a person who possesses body armour is exempt under
section 2 (3) from the requirement to hold a body armour permit changes so that the exemption no longer applies, the person, within 14 days after that change, must
(
a) return or sell the body armour to the person's employer, if the exemption was based on the person's employment and the employer is exempt from the requirement to hold a body armour permit,
(
b) destroy the body armour, or
(
c) sell the body armour to a person who holds a valid security business licence authorizing the sale of body armour.
Applying for body armour permit
(1) An individual may apply to the registrar for a body armour permit or renewal of a body armour permit.
(2) An application for a body armour permit or renewal must
(
a) be made in the form and manner required by the registrar,
(
b) include authorizations for the registrar to carry out the prescribed checks regarding the applicant or permit holder, and
(
c) be accompanied by the prescribed fee.
(3) An applicant for a body armour permit or the renewal of a body armour permit must meet all conditions and requirements imposed by this Act or the regulations.
Refusal of body armour permit
(1) The registrar may refuse to issue or renew a body armour permit if any of the following applies:
(
a) the applicant or permit holder fails in any way to comply with, or does not meet the requirements of,
section 4 [applying for body armour permit] ;
(
b) the registrar considers that the applicant's or permit holder's conduct or character makes it undesirable that he or she be authorized to possess body armour;
(
c) the application is for renewal of a body armour permit and the registrar is satisfied that the permit holder has contravened a provision of this Act, the regulations or a term or condition of his or her body armour permit;
(
d) the registrar considers that the applicant has failed to demonstrate a need to possess or continue to possess body armour;
(
e) the registrar considers that it is not in the public interest for the applicant or permit holder to possess or continue to possess body armour;
(
f) there is an unresolved charge against the applicant or permit holder for a crime or the applicant or permit holder has been convicted of a crime.
(2) The registrar must hold a hearing before making a decision under subsection (1).
(3) The registrar must give the applicant or permit holder written reasons for a decision under subsection (1).
Body armour permit
(1) The registrar may issue or renew a body armour permit for a term not exceeding the prescribed period.
(2) The registrar may
(3) The registrar must give the applicant or permit holder written reasons for a decision under subsection (2).
(
a) the permit holder must carry the permit at all times when body armour is in his or her possession;
(
b) the permit holder, when having body armour in his or her possession, must produce the body armour permit on the request of
(
i) an inspector, or
(ii) a peace officer;
(
c) the permit holder must report to the registrar within 14 days of its occurrence,
(
i) the theft or loss of the permit,
(ii) a change in his or her employment, if possession of body armour under the permit is for the purposes of that employment,
(iii) a change in his or her residential address, or
(iv) a charge being laid or a conviction entered against the holder for a crime;
(
d) on or before the last day of the term of the body armour permit, the permit holder must
(
i) surrender the permit to the registrar, and
(ii) provide evidence satisfactory to the registrar that the body armour has been
(
A) returned or sold to the person's employer if possession of body armour under the permit was for the purposes of employment and the employer is exempt from the requirement to hold a body armour permit,
(
B) destroyed, or
(
C) sold to a person who holds a valid security business licence authorizing the sale of body armour;
(
e) the permit holder must
(
i) comply with this Act and the regulations, and
(
f) the permit holder must not allow another person to use the body armour permit.
Part 2 – Sale of Body Armour
Licences to sell body armour
(1) Except as authorized under this Act, a person who does not hold a valid security business licence or a valid security worker licence, authorizing the sale of body armour, must not sell body armour to another person.
(2) A person who holds a valid security business licence or a valid security worker licence, authorizing the sale of body armour, must not sell body armour to another person unless that other person
(
a) holds a valid body armour permit, or
(
b) is exempt from the requirement to hold a body armour permit.
(3) A person who holds a valid security business licence authorizing the sale of body armour must not employ another person to sell body armour unless that other person holds a valid security worker licence authorizing the person to sell body armour.
(4) The Security Services Act applies in relation to a security business licence authorizing the sale of body armour and, for that purpose, the references in sections 15 (1) (d) (ii), 16 (5) (a), 31 (a), 34 (1), 35 (1) (
a) and (5) and 42 (1) (
a) and (
b) and (3) of that Act to "this Act" are deemed to include this section.
(5) This
section does not apply to a person who sells body armour only on a wholesale basis and only to a person who
(
a) holds a valid security business licence authorizing the sale of body armour, or
(
b) sells body armour on a wholesale basis.
Part 3 – Enforcement – Body Armour Permits
Body armour permit cancellation or suspension
(1) The registrar may cancel, or suspend for a period of time, a body armour permit for any reason under
section 5 (1) [refusal of body armour permit] .
(2) The registrar must
(
a) hold a hearing before making a decision under subsection (1), and
(
b) provide the permit holder with written reasons for the decision.
(3) If under subsection (1) the registrar cancels a body armour permit, the permit holder, immediately or within the period specified by the registrar in the decision or reasons, must
(
a) surrender the permit to the registrar, and
(
b) provide evidence satisfactory to the registrar that the body armour has been
(
i) returned or sold to the person's employer, if possession of the body armour under the permit was for the purposes of employment and the employer is exempt from the requirement to hold a body armour permit,
(ii) destroyed, or
(iii) sold to a person who holds a valid security business licence authorizing the sale of body armour.
(4) If under subsection (1) the registrar suspends a body armour permit for a period of time, the permit holder, immediately or within the period specified by the registrar in the decision or reasons, must surrender the permit and the body armour to the registrar for that period.
Summary action to protect the public
(1) If the registrar considers it necessary to protect the public, the registrar, immediately and without notice, may cancel, or suspend for a period of time, a body armour permit.
(2) As soon as practicable after making a decision under subsection (1), the registrar must provide the permit holder with written notice of and reasons for the decision.
(3) A body armour permit holder who receives a notice under subsection (2) must immediately surrender the permit and body armour to the registrar or, if the notice is delivered by an inspector or a peace officer, to the inspector or peace officer, and may file a written reply with the registrar within 15 days after the date of the notice.
(4) Section 29 (4) to (7) of the Security Services Act applies to a suspension or cancellation under this
section and, for that purpose, a reference in that
section to a "licence" is deemed to include a body armour permit referred to in subsection (1) of this section.
(5) If the permit holder does not file a written reply to a registrar's notice that the body armour permit is cancelled or the registrar's decision under
section 29 (4) of the Security Services Act , as that
section applies under subsection (4) of this section, results in the body armour permit being cancelled, the registrar may destroy the body armour at the expiration of the 15-day period under subsection (3) of this
section or upon giving written reasons under
section 29 (6) of the Security Services Act , as applicable.
Inspections
11 An inspector may conduct an inspection for one or both of the following purposes:
(
a) determining whether a person is in compliance with this Act, the regulations or the terms and condition of the person's body armour permit;
(
b) assisting the registrar in making a decision under
section 5 [refusal of body armour permit] , 9 [permit cancellation or suspension] or 10 [summary action to protect the public] .
Enforcement provisions of Security Services Act
apply in relation to body armour permit
(1) Section 32 [inspection powers] of the Security Services Act applies to an inspection under
section 11 of this Act and, for that purpose, a body armour permit holder is deemed to be engaged in security work as defined in the Security Services Act .
(2) Section 33 [warrants] the Security Services Act applies in relation to an inspection under
section 11 of this Act.
(3) The registrar must deal with complaints from the public respecting matters that relate to body armour permits and for that purpose
section 34 [complaints process] of the Security Services Act applies.
(4) After giving a person an opportunity to be heard, the registrar may impose an administrative penalty on the person if the person contravenes
(
a) a prescribed provision of this Act or the regulations in relation to body armour permits, or
(
b) a term or condition of a body armour permit,
and, for that purpose, sections 35 [administrative penalties] , 36 [amount of administrative penalty] , 37 [notice of administrative penalty] , 38 [due date of administrative penalty] , 39 [enforcement of administrative penalty] , 40 [revenue from administrative penalties] and 41 [limitation period] of the Security Services Act apply.
(5) Section 42 [injunction] of the Security Services Act applies for the purposes of body armour permits.
(6) Section 46 [compensation and restitution] of the Security Services Act applies for the purposes of an offence under
section 13 [offences] of this Act and, for that purpose, an offence under
section 13 is deemed to be an offence under the Security Services Act .
Offences
(1) A person who contravenes any of the following commits an offence:
(a)
section 2 (2) [prohibition on possession of body armour] ;
(
b) section 3 [terms of exemption] ;
(d)
section 9 (3) [body armour permit cancellation or suspension] ;
(e)
section 10 (3) [summary action to protect the public] ;
(f) subsection (3), (5) or (6) of this section.
(2) A person who contravenes
section 8 (1) or (2) commits an offence.
(3) When applying for a body armour permit or when requested, ordered or directed by the registrar or an inspector to provide information, a person must not provide false or misleading information.
(4) A person does not commit an offence under subsection (3) if, at the time the information was supplied, the person did not know that the information was false or misleading and, with the exercise of reasonable diligence, could not have known that the information was false or misleading.
(5) A person must not obstruct, impede or refuse to admit an inspector or a peace officer who is exercising powers or performing duties under this Act or a warrant issued under, or for the purposes of enforcing, this Act.
(6) A person must not use a body armour permit that has been issued to another person.
(7) If a business entity commits an offence under subsection (2), an employee, officer, director or agent of the business entity who authorizes, permits or acquiesces in the commission of the offence also commits an offence.
(8) Subsection (7) applies whether or not the business entity is prosecuted for the offence.
(9) A charge for an offence under this
section may not be laid more than one year after the commission of the offence.
(10) Sections 4 and 5 of the Offence Act do not apply for the purposes of this Act.
Offence penalties
(1) An individual who commits an offence under
section 13 is liable on conviction to a fine of not more than $10 000 or imprisonment for not longer than 6 months, or both.
(2) A business entity that commits an offence under
section 13 (2) is liable on conviction to a fine of not more than $100 000 or imprisonment for not longer than 6 months, or both.
(3) If the registrar imposes an administrative penalty on a person, a prosecution for an offence under this Act for the same contravention may not be brought against the person.
(4) A person who has been charged with an offence under this Act may not be subject to an administrative penalty in respect of the circumstances that gave rise to the charge.
Part 4 – General
Register of body armour
15 The registrar must establish and maintain a registry in which the registrar must keep a record of
(
a) every body armour permit issued by the registrar and the current status of the permit,
(
b) every security business licence and security worker licence, authorizing the sale of body armour, issued by the registrar and the current status of the licence, and
(
c) every application for a body armour permit, security business licence or security worker licence that is refused by the registrar and the reasons for the refusal.
Certificate evidence
Section 47 of the Security Services Act applies in relation to this Act and, for that purpose, a reference in that
section to a "licence" or a "document" is deemed to include body armour permits and documents in the registrar's records respecting a body armour permit.
Sending of notices and requests
Section 48 of the Security Services Act applies to a notice, request or written reasons under this Act and, for that purpose, a notice, request or written reasons under this Act are deemed to be a notice, request or written reasons referred to in
Part 4 of the Security Services Act .
Reconsideration
(1) An applicant or permit holder may request the registrar to reconsider a decision under
section 5 (1) [refusal of body armour permit] , 6 (2) [body armour permit] or 9 (1) [body armour permit cancellation or suspension] .
(2) The time limits in
section 51 (1) (
a) and (b), and
section 51 (2) and (3), of the Security Services Act apply for the purposes of a request under subsection (4).
Investigations
Section 50 of the Security Services Act applies in relation to body armour permits and, for that purpose, a reference in that
section to a "licence" is deemed to include a body armour permit.
Hearings
20 The registrar may hold a hearing under this Act in writing, electronically or orally or by any combination of written, electronic or oral hearings.
Seizure of body armour without a warrant
(1) If an inspector or a peace officer has reasonable grounds for believing that a person is in possession of body armour in a public place and, on request of the inspector or peace officer, the person
(
a) refuses or is unable to produce a valid body armour permit, and
(
b) is unable to identify the basis on which he or she is exempt under
section 2 (3) from the requirement to hold a body armour permit,
the inspector or peace officer, without a warrant, may search the person and any personal property in that person's possession and seize any body armour found.
(2) Section 23 (4) and sections 24 to 24.2 of the Offence Act apply in respect of body armour seized under subsection (1) of this
section and, for the purposes of
section 23 (4) of the Offence Act , an inspector is deemed to be a peace officer.
(3) If, under
section 24 (2) (
a) of the Offence Act , a justice orders that body armour referred to in subsection (2) of this
section be detained, despite
section 24 (3) of the Offence Act , the body armour may be detained for up to one year before an order under
section 24 (5) of that Act, authorizing its continued detention, is required.
Regulations
(1) The Lieutenant Governor in Council may make regulations referred to in
section 41 of the
Interpretation Act .
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(
a) respecting forms of applications and body armour permits;
(
b) prescribing garments and items for the purposes of paragraph (
b) of the definition of "body armour" in
section 1 [definitions] ;
(
c) prescribing checks regarding applicants for the purposes of
section 4 (2) (b) [applying for body armour permit] ;
(
d) prescribing fees for the purpose of
section 4 (2) (c) [applying for body armour permit] which may be different depending on the duration of the body armour permit;
(
e) prescribing a maximum period for the purposes of
section 6 (1) [body armour permit] ;
(
f) prescribing the information that an applicant for a body armour permit is required to provide;
(
g) exempting, on any conditions, for any periods of time and in any circumstances that are considered advisable, a class of persons from all or any part of this Act or the regulations;
(
h) authorizing the registrar to exempt a person for a prescribed period from the requirement to hold a body armour permit despite any provision of the Act if the registrar is satisfied that
(
i) the person does not reside in British Columbia and the nature of the person's proposed activities in British Columbia make it desirable that the person be authorized to possess body armour, or
(ii) because of an imminent risk to the person's safety, it is desirable that the person be authorized to possess body armour;
(
i) prescribing provisions for the purposes of
section 12 (4) [administrative penalty provisions] ;
(
j) establishing an offence for the contravention of a regulation and prescribing a penalty for that offence up to the maximum penalties set out in
section 14 (1) [offence penalties] .
Part 5 – Transitional Provision and
Consequential Amendments
Transition – sale and possession of body armour
23 (1)
Section 2 (2) [prohibition on possession of body armour] does not apply for a period of 6 months after the date this
section comes into force to a person who, on that date, is in possession of body armour.
(2) Section 8 (1), (2) and (3) [licences to sell body armour] does not apply for a period of 6 months after the date this
section comes into force to a person who, on that date, is in possession of body armour for the purpose of selling that body armour to another person.
(3) Section 2 (
a) of the Security Services Act does not apply for a period of 6 months after the date this
section comes into force to a person who, on that date, is employed by a body armour vendor to perform security work described in paragraph (
g) of the definition of security work in
section 1 of that Act.
(4) Section 11 (2) of the Security Services Act does not apply for a period of 6 months after the date this
section comes into force to a person who, on that date, carries on a security business described in paragraph (
g) of the definition of security business in
section 1 of that Act.
Consequential Amendments
Section 1 (1) of the Security Services Act , S.B.C. 2007, c. 30, is amended
(
a) by adding the following
definitions:
"body armour" has the same meaning as in the Body Armour Control Act ;
"body armour salesperson" means an individual who is employed by a body armour vendor to sell body armour to another person for the use of that other person;
"body armour vendor" means a person who sells body armour to another person for the use of that other person;
"sell" has the same meaning as in the Body Armour Control Act . ,
(
b) in the definition of "security business" by adding the following paragraph:
(
g) a body armour vendor; , and
(
c) in the definition of "security work" by adding the following paragraph:
(
g) a body armour salesperson; .
Section 31 (
a) is amended by striking out " has failed to comply with " and substituting " is in compliance with ".
Section 44 is amended by adding the following subsection:
(1.1) A person who contravenes
section 8 (3) [licences to sell body armour] of the Body Armour Control Act commits an offence under this Act.
Section 49 (2) is amended by striking out " by this Act. " and substituting " under this Act or the Body Armour Control Act . "
28 The following
section is added to
Part 5:
Hearings
51.1 The registrar may hold a hearing under this Act in writing, electronically or orally or by any combination of written, electronic or oral hearings.
Commencement
29 This Act comes into force by regulation of the Lieutenant Governor in Council.
Explanatory Note
This Bill establishes the requirements that an individual who possesses body armour hold a body armour permit authorizing the possession of body armour and that a person that sells, gives, transfers or otherwise disposes of body armour in any manner hold a security business licence or security worker licence under the Security Services Act .
Copyright (
c) Queen’s Printer, Victoria, British Columbia, Canada