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2009 Legislative Session: 5th Session, 38th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE JOHN VAN DONGEN

MINISTER OF PUBLIC SAFETY

AND SOLICITOR GENERAL

BILL 10 — 2009

PUBLIC SAFETY AND SOLICITOR GENERAL STATUTES AMENDMENT ACT, 2009

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

Insurance (Vehicle) Act

SECTION 1: [Insurance (Vehicle) Act,

section 93.1] updates references to the Criminal

Code .

1 The definition of "vehicle indebtedness" in

section 93.1 (1) of the Insurance (Vehicle) Act , R.S.B.C. 1996, c. 231, is amended

(

a) in paragraph (b) (ii) (

A) by striking out " 253 (a) " and substituting " 253 (1) (a) ", and

(

b) in paragraph (b) (ii) (

B) by striking out " 253 (b) " and substituting " 253 (1) (b) ".

Motor Vehicle Act

SECTION 2: [Motor Vehicle Act,

section 1] updates a reference, adds street racing and

impaired driving offences recently established under the Criminal Code to the

definition of "motor vehicle related Criminal Code offence" and allows other

Criminal Code provisions to be added to the definition by regulation.

2 The definition of "motor vehicle related Criminal Code offence" in

section 1 of the Motor Vehicle Act , R.S.B.C. 1996, c. 318, is amended

(

a) in paragraph (

c) by striking out " 253 (

a) or (b), " and substituting " 253 (1) (

a) or (b), ", and

(

b) by striking out " or " at the end of paragraph (

c) and by adding the following paragraphs:

(

e) an offence committed under

section 249.2, 249.3, 249.4 or 255 (2.1), (2.2), (3.1) or (3.2) of the Criminal Code , or

(

f) an offence committed under a prescribed provision of the Criminal Code .

SECTION 3: [Motor Vehicle Act,

section 25.01] adds the ability of the Insurance Corporation

of British Columbia to retain or seize documents that are submitted to it as

part of a driver's licence or an identification card application or that are submitted

in order to maintain the files kept by the corporation relating to a

driver's licence or an identification card, and specifies what the corporation

may do with these documents.

3 The following

section is added:

Retention or seizure of records

25.01

(1) An employee of the Insurance Corporation of British Columbia, a government agent or a person authorized in writing by the corporation under

section 25 (1) (

c) may, for the purposes of this Act, retain or seize a record

(

a) presented to him or her as part of an application for a driver's licence or an identification card, or

(

b) presented to him or her for the purpose of maintaining a record relating to a driver's licence or an identification card.

(2) Subject to subsection (3), if a record is retained or seized in accordance with subsection (1), the Insurance Corporation of British Columbia may, in addition,

(

a) return the record to the person or government that issued or created it,

(

b) return the record to the person who presented it, or

(

c) destroy the record.

(3) The Insurance Corporation of British Columbia must return a record to the person who presented it within 30 days unless

(

a) this Act requires that the record be surrendered, or

(

b) the corporation determines that retention or seizure of the record for a longer period is necessary for the purposes of this Act.

SECTION 4: [Motor Vehicle Act,

section 26.1] allows the Insurance Corporation of British

Columbia to cancel a driver's licence if fraud has been involved in the application

for the licence or in the provision of information to maintain the licence.

Section 26.1 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) Subject to subsection (2) but despite any other provision of this Act or the regulations, if a person

(

a) is indebted to the Insurance Corporation of British Columbia for a motor vehicle indebtedness or to the government for a fine indebtedness, or

(

b) in respect of an application by the person for a driver's licence, or for the purpose of maintaining a record relating to the person's driver's licence,

(

i) makes a false or misleading statement,

(ii) fails to disclose information that is required to be disclosed,

(iii) presents a fraudulent or fraudulently altered record, or

(iv) fraudulently uses a record,

the corporation may, with or without holding a hearing or refunding the fees for the licence, cancel the driver's licence of the person. , and

(

b) in subsection (2) by striking out " subsection (1) " and substituting " subsection (1) in respect of paragraph (

a) of that subsection ".

SECTION 5: [Motor Vehicle Act,

section 31] sets out requirements for making an address

or name change in relation to a driver's licence that indicates the driver is a

Canadian citizen.

Section 31 is amended

(

a) by adding the following subsections:

(1.1) A person who holds a driver's licence that indicates the driver is a Canadian citizen and who reports a change of address under subsection (1) must

(

a) surrender his or her existing licence to the Insurance Corporation of British Columbia and apply and pay the prescribed fee for a duplicate licence,

(

b) comply with the requirements of

section 25 (1.2) (

a) and (3) (d), and

(

c) continue to meet requirements set under

section 25 (1.2) (d).

(1.2) If a person complies with subsection (1.1), the Insurance Corporation of British Columbia must issue a duplicate licence to the person.

(3.1) A person who holds a driver's licence that indicates the driver is a Canadian citizen and who reports a change of name under subsection (2) must, in addition to the requirements of subsection (3),

(

a) comply with the requirements of

section 25 (1.2) (a), and

(

b) continue to meet requirements set under

section 25 (1.2) (d). , and

(

b) in subsection (4) by striking out " subsection (3) " and substituting " subsection (3) or (3.1) ".

SECTION 6: [Motor Vehicle Act,

section 33] sets out requirements for replacement of a

lost, mutilated or destroyed driver's licence that indicates the driver is a Canadian

citizen.

Section 33 is amended by adding the following subsection:

(2.1) If a driver's licence that indicates the driver is a Canadian citizen and that is issued to a person under this Act is lost, mutilated or destroyed, he or she may obtain a duplicate licence if, in addition to the requirements of subsection (2), he or she

(

a) complies with the requirements of

section 25 (1.2) (a), and

(

b) continues to meet requirements set under

section 25 (1.2) (d).

SECTION 7: [Motor Vehicle Act,

section 69] establishes fraud-related offences and penalties

in relation to driver's licences and identification cards.

Section 69 is amended

(

a) by renumbering the

section as

section 69 (1),

(

b) by repealing subsection (1) (a) (ii),

(

c) in subsection (1) (

c) by striking out " a driver's licence or ", and

(

d) by adding the following subsections:

(2) A person commits an offence if the person, in

(

a) applying for a driver's licence or an identification card,

(

b) assisting another person in applying for a driver's licence or an identification card,

(

c) presenting records or providing information for the purpose of maintaining a record relating to a driver's licence or an identification card, or

(

d) assisting another person in presenting records or providing information for the purpose of maintaining a record relating to a driver's licence or an identification card,

does any of the following:

(

e) makes a false or misleading statement;

(

f) fails to disclose information that is required to be disclosed;

(

g) presents a fraudulent or fraudulently altered record;

(

h) fraudulently uses a record.

(3) A person commits an offence if the person

(

a) allows another person to use or possess a driver's licence or an identification card issued to the person under this Act or under

an Act of a province of Canada,

(

b) represents that a driver's licence or an identification card is a driver's licence or an identification card issued under this Act when the driver's licence or identification card is not issued under this Act, or

(

c) produces or uses a facsimile of a driver's licence or an identification card without authority from the Insurance Corporation of British Columbia.

(4) A person who contravenes subsection (2) or (3) is liable to a fine of not less than $400 and not more than $20 000 or to imprisonment for not more than 6 months, or to both.

SECTION 8: [Motor Vehicle Act,

section 70]

establishes new fraud-related offences in relation to identification cards;

increases penalties for offences in relation to fraudulent use of a driver's licence and use of an invalid driver's licence.

Section 70 is amended

(

a) by repealing subsection (1) (

a) and substituting the following:

(

a) uses or is in possession of

(

i) a permit, certificate, motor vehicle liability insurance card, financial responsibility card or consent issued or given under this Act and belonging to another person, or

(ii) a fictitious or invalid permit, certificate, motor vehicle liability insurance card, financial responsibility card or consent purporting to be issued or given under this Act; , and

(

b) by adding the following subsections:

(1.1) A person commits an offence if the person uses or is in possession of

(

a) an identification card belonging to another person, or a fictitious or invalid identification card purporting to be issued or given under this Act, or

(

b) a driver's licence belonging to another person, or a fictitious or invalid driver's licence purporting to be issued or given under this Act, whether while driving, operating or in charge of a motor vehicle on a highway or not.

(3) A person who contravenes subsection (1.1) is liable to a fine of not less than $400 and not more than $20 000 or to imprisonment for not more than 6 months, or to both.

SECTION 9: [Motor Vehicle Act,

section 74] increases penalties for offences in relation to

the alteration of a driver's licence or an identification card.

Section 74 is amended

(

a) in subsection (1) (

c) by adding " or an identification card " after " a driver's licence ", and

(

b) by adding the following subsection:

(4) A person who contravenes subsection (1) (

c) or (

d) is liable to a fine of not less than $400 and not more than $20 000 or to imprisonment for not more than 6 months, or to both.

Transitional Provisions

SECTION 10: [Transition — Insurance (Vehicle) Act — corporation's collection remedies]

allows the Insurance Corporation of British Columbia to take specified actions

in relation to persons who are indebted to the government for a fine or a victim's

surcharge levy imposed as a result of a conviction under one of the

recently established impaired driving or street racing provisions of the Criminal

Code regardless of when the fine or levy was imposed.

Transition — Insurance (Vehicle) Act — corporation's

collection remedies

10 On and after the date this

section comes into force, paragraph (

f) of the definition of "vehicle indebtedness" in

section 93.1 (1) of the Insurance (Vehicle) Act must be read as including indebtedness to the government because of a failure to pay a fine, or a victim's surcharge levy within the meaning of the Victims of Crime Act ,

(

a) imposed on or after December 14, 2006 as a result of a conviction under

section 249.2, 249.3 or 249.4 of the Criminal Code , or

(

b) imposed on or after July 2, 2008 as a result of a conviction under

section 255 (2.1), (2.2), (3.1) or (3.2) of the Criminal Code .

SECTION 11: [Transition — Motor Vehicle Act — refusal to issue licence, permit, etc.]

allows the Insurance Corporation of British Columbia to refuse to issue a

driver's licence, permit and licence plates to a person who is indebted to the

government because of a failure to pay a fine or victim's surcharge levy

imposed as a result of a conviction under the recently established street racing

and impaired driving provisions of the Criminal Code regardless of when the

fine or levy was imposed.

Transition — Motor Vehicle Act — refusal to issue

licence, permit, etc.

(1) The Insurance Corporation of British Columbia may, without a hearing, refuse to issue a driver's licence to a person who is indebted to the government because of his or her failure to pay a fine, or a victim's surcharge levy within the meaning of the Victims of Crime Act ,

(

a) imposed on or after December 14, 2006 as a result of a conviction under

section 249.2, 249.3 or 249.4 of the Criminal Code , or

(

b) imposed on or after July 2, 2008 as a result of a conviction under

section 255 (2.1), (2.2), (3.1) or (3.2) of the Criminal Code .

(2) The Insurance Corporation of British Columbia may refuse to issue

(

a) any permit to a person, and

(

b) a licence and corresponding number plates for a motor vehicle or trailer or both owned by a person

who is indebted to the government because of his or her failure to pay a fine, or a victim's surcharge levy within the meaning of the Victims of Crime Act ,

(

c) imposed on or after December 14, 2006 as a result of a conviction under

section 249.2, 249.3 or 249.4 of the Criminal Code , or

(

d) imposed on or after July 2, 2008 as a result of a conviction under

section 255 (2.1), (2.2), (3.1) or (3.2) of the Criminal Code .

SECTION 12: [Transition — Motor Vehicle Act — automatic prohibition

against driving on conviction] imposes an automatic prohibition on a

person who has been convicted of a street racing or impaired driving offence

recently established under the Criminal Code for the amount of time that

would have remained of an automatic 12 month prohibition had the prohibition

been imposed on the date the person was convicted of the offence.

Transition — Motor Vehicle Act — automatic prohibition

against driving on conviction

(1) For the purpose of this section, "convicted" includes being granted an absolute or conditional discharge.

(2) On the date this

section comes into force, a person who has been convicted within the preceding 12 months of an offence under

section 249.2, 249.3, 249.4 or 255 (2.1), (2.2), (3.1) or (3.2) of the Criminal Code is automatically and without notice prohibited from driving a motor vehicle for the number of days that would have remained of a prohibition had the person been prohibited from driving for 12 months from

(

a) the date of sentencing,

(

b) the date that the passing of sentence is suspended,

(

c) the date of being granted an absolute or conditional discharge, or

(

d) the date a court imposes a sentence under the Youth Criminal Justice Act (Canada) or the Youth Justice Act .

SECTION 13: [Transition — Motor Vehicle Act — reporting conviction or discharge] allows

the Court Services Branch to notify the Insurance Corporation of British

Columbia about every conviction or discharge made in relation to the recently

established street racing or impaired driving offences from the date the Criminal

Code provisions establishing them were in force.

Transition — Motor Vehicle Act — reporting conviction

or discharge

(1) The Assistant Deputy Minister of the Court Services Branch of the Ministry of Attorney General may send to the Insurance Corporation of British Columbia a certificate, transcript, copy or record of a conviction or discharge made in relation to an offence committed under

(

a) section 249.2, 249.3 or 249.4 of the Criminal Code on or after December 14, 2006, or

(b)

section 255 (2.1), (2.2), (3.1) or (3.2) of the Criminal Code on or after July 2, 2008.

(2) Section 104 (3) of the Motor Vehicle Act applies to a certificate, transcript, copy or record referred to in this section.

SECTION 14: [Transition — Motor Vehicle Act — suspension on conviction for certain

offences] allows the recently established street racing and impaired driving

offences under the Criminal Code to be taken into account for the purposes of

suspension of a driver's licence and the ability to apply for a driver's licence.

Transition — Motor Vehicle Act — suspension on

conviction for certain offences

(1) In this section:

"convicted" has the same meaning as in

section 232 (1) of the Motor Vehicle Act ;

"date of sentencing" has the same meaning as in

section 232 (1) of the Motor Vehicle Act .

(2) On and after the date this

section comes into force, the definition of "motor vehicle related Criminal Code offence" in

section 232 (1) of the Motor Vehicle Act must be read for the purposes of

section 232 (3) of that Act as including a conviction for an offence under

(

a) section 249.2, 249.3 or 249.4 of the Criminal Code on or after December 14, 2006, or

(b)

section 255 (2.1), (2.2), (3.1) or (3.2) of the Criminal Code on or after July 2, 2008.

(3) If a person is convicted of an offence under

(

a) a

section of the Criminal Code referred to in subsection (2) (

a) of this

section on or after December 14, 2006 but before the coming into force of paragraph (

e) of the definition of "motor vehicle related Criminal Code offence" in

section 1 of the Motor Vehicle Act , as enacted by this Act, or

(

b) a

section of the Criminal Code referred to in subsection (2) (

b) of this

section on or after July 2, 2008 but before the coming into force of paragraph (

e) of the definition of "motor vehicle related Criminal Code offence" in

section 1 of the Motor Vehicle Act , as enacted by this Act,

his or her driver's licence and his or her right to apply for or obtain a driver's licence are deemed to be suspended for the period referred to in subsection (4) of this section.

(4) A suspension under subsection (3) is effective from the date this

section comes into force and is, subject to

section 233 of the Motor Vehicle Act , effective for the following period:

(

a) if there has been no conviction within the meaning of

section 232 (2) of that Act as it read immediately before the coming into force of paragraph (

e) of the definition of "motor vehicle related Criminal Code offence" in

section 1 of that Act, as enacted by this Act, for the number of days that would have remained of a suspension had the person been suspended for one year from the date of sentencing;

(

b) if there has been a first conviction within the meaning of

section 232 (3) (

a) of that Act as it read immediately before the coming into force of paragraph (

e) of the definition of "motor vehicle related Criminal Code offence" in

section 1 of that Act, as enacted by this Act, or a conviction for an offence under a

section of the Criminal Code referred to in and within the meaning of subsection (2) (

a) or (

b) of this section, for the number of days that would have remained of a suspension had the person been suspended for 3 years from the date of sentencing;

(

c) indefinitely, if there has been

(

i) a first subsequent conviction within the meaning of

section 232 (3) (

b) of that Act as it read immediately before the coming into force of paragraph (

e) of the definition of "motor vehicle related Criminal Code offence" in

section 1 of that Act, as enacted by this Act,

(ii) 2 or more convictions for an offence under a

section of the Criminal Code referred to in and within the meaning of subsection (2) (

a) or (

b) of this section, whether or not the convictions are under the same provision of the Criminal Code , or

(iii) a first conviction within the meaning of

section 232 (3) (

a) of the Motor Vehicle Act as it read immediately before the coming into force of paragraph (

e) of the definition of "motor vehicle related Criminal Code offence" in

section 1 of that Act, as enacted by this Act, and one or more convictions for an offence under a

section of the Criminal Code referred to in and within the meaning of subsection (2) (

a) or (

b) of this section, whether or not the convictions are under the same provision of the Criminal Code .

Commencement

15 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:

Item

Column 1

Provisions of Act

Column 2

Commencement

Sections 1 and 2

By regulation of the Lieutenant Governor in Council

Sections 3 to 9

May 1, 2009, subject to a regulation of the Lieutenant Governor in Council that sets a later date

Sections 10 to 14

By regulation of the Lieutenant Governor in Council

Explanatory Notes

Insurance (Vehicle) Act

SECTION 1: [Insurance (Vehicle) Act,

section 93.1] updates references to the Criminal

Code .

Motor Vehicle Act

SECTION 2: [Motor Vehicle Act,

section 1] updates a reference, adds street racing and

impaired driving offences recently established under the Criminal Code to the

definition of "motor vehicle related Criminal Code offence" and allows other

Criminal Code provisions to be added to the definition by regulation.

SECTION 3: [Motor Vehicle Act,

section 25.01] adds the ability of the Insurance Corporation

of British Columbia to retain or seize documents that are submitted to it as

part of a driver's licence or an identification card application or that are submitted

in order to maintain the files kept by the corporation relating to a

driver's licence or an identification card, and specifies what the corporation

may do with these documents.

SECTION 4: [Motor Vehicle Act,

section 26.1] allows the Insurance Corporation of British

Columbia to cancel a driver's licence if fraud has been involved in the application

for the licence or in the provision of information to maintain the licence.

SECTION 5: [Motor Vehicle Act,

section 31] sets out requirements for making an address

or name change in relation to a driver's licence that indicates the driver is a

Canadian citizen.

SECTION 6: [Motor Vehicle Act,

section 33] sets out requirements for replacement of a

lost, mutilated or destroyed driver's licence that indicates the driver is a Canadian

citizen.

SECTION 7: [Motor Vehicle Act,

section 69] establishes fraud-related offences and penalties

in relation to driver's licences and identification cards.

SECTION 8: [Motor Vehicle Act,

section 70]

establishes new fraud-related offences in relation to identification cards;

increases penalties for offences in relation to fraudulent use of a driver's licence and use of an invalid driver's licence.

SECTION 9: [Motor Vehicle Act,

section 74] increases penalties for offences in relation to

the alteration of a driver's licence or an identification card.

SECTION 10: [Transition — Insurance (Vehicle) Act — corporation's collection remedies]

allows the Insurance Corporation of British Columbia to take specified actions

in relation to persons who are indebted to the government for a fine or a victim's

surcharge levy imposed as a result of a conviction under one of the

recently established impaired driving or street racing provisions of the Criminal

Code regardless of when the fine or levy was imposed.

SECTION 11: [Transition — Motor Vehicle Act — refusal to issue licence, permit, etc.]

allows the Insurance Corporation of British Columbia to refuse to issue a

driver's licence, permit and licence plates to a person who is indebted to the

government because of a failure to pay a fine or victim's surcharge levy

imposed as a result of a conviction under the recently established street racing

and impaired driving provisions of the Criminal Code regardless of when the

fine or levy was imposed.

SECTION 12: [Transition — Motor Vehicle Act — automatic prohibition

against driving on conviction] imposes an automatic prohibition on a

person who has been convicted of a street racing or impaired driving offence

recently established under the Criminal Code for the amount of time that

would have remained of an automatic 12 month prohibition had the prohibition

been imposed on the date the person was convicted of the offence.

SECTION 13: [Transition — Motor Vehicle Act — reporting conviction or discharge] allows

the Court Services Branch to notify the Insurance Corporation of British

Columbia about every conviction or discharge made in relation to the recently

established street racing or impaired driving offences from the date the Criminal

Code provisions establishing them were in force.

SECTION 14: [Transition — Motor Vehicle Act — suspension on conviction for certain

offences] allows the recently established street racing and impaired driving

offences under the Criminal Code to be taken into account for the purposes of

suspension of a driver's licence and the ability to apply for a driver's licence.

Copyright (

c) Queen’s Printer, Victoria, British Columbia, Canada