10/2011

O.C. 7/2011

February 1, 2011

February 1, 2011

Armoured Vehicle and After-Market Compartment Control Act

Armoured Vehicle and After-Market Compartment Control Regulation

Definitions and

interpretation

In this regulation, Act means the Armoured Vehicle and After-Market Compartment Control Act .

For certainty, a storage compartment or safe that is designed for after-market installation in a vehicle and sold to the general public by retail vendors of automotive or security equipment is not "incorporated into the equipment or structure of the vehicle", as described in paragraph (

b) of the definition of "after-market compartment" in

section 1 of the Act, if it is attached to the vehicle

as it was designed to be attached by its manufacturer, and

in accordance with instructions provided by the manufacturer, if any.

Exemptions from

section 2 (2) of Act

In this section, repairer's licence means a licence issued under

section 44 (2) of the Motor Vehicle Act .

For the purposes of

section 2 (3) (

d) of the Act,

section 2 (2) of the Act does not apply to a person for the period during which

the person operates an armoured vehicle bearing a special red and white number plate issued by the Insurance Corporation of British Columbia for a motor vehicle owned or leased by an entity or person listed in item 2 (e) (

i) of the

Schedule to the Motor Vehicle Fees Regulation, B.C. Reg. 334/91,

the person operates an armoured vehicle in the course of their employment as a licensed salesperson, or registered motor dealer, under the Motor Dealer Act ,

the person operates an armoured vehicle in the course of their employment as or with holder of a repairer's licence,

the person operates an armoured vehicle that is an antique motor vehicle, as defined in

section 22.01 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, and bears a distinctive number plate issued under

section 22.03 of that regulation,

the person operates, with the permission of the owner, an armoured vehicle in respect of which that owner is registered, or is exempt from registration, under

Part 2 of the Defence Production Act (Canada), or

the person operates, with the permission of the owner, an armoured vehicle in respect of which

Part 2 of the Defence Production Act (Canada) does not, under

section 36 of that Act, apply to that owner.

Conditions of exemption under

section 2

On request of a peace officer, a person operating an armoured vehicle who is exempt from the requirement to hold an armoured vehicle permit must provide the following to the peace officer:

the full name, residential address and telephone number of the exempt person;

if exempt under

section 2 (3) (

a) of the Act, the name and address of the peace officer's employer and the peace officer's badge;

if exempt under

section 2 (3) (

b) or (

c) of the Act, the exempt person's security worker licence and the name and address of the person's employer;

if exempt under

section 2 (2) (

a) of this regulation, the name and address of the employer and the signed statement of the employer, or a person on behalf of the employer, that the exempt person is authorized to operate an armoured vehicle in the course of their employment, or a copy of that signed statement;

if exempt under

section 2 (2) (

c) of this regulation, the salesperson's licence or a copy of the motor dealer's certificate, as applicable, and the name and address of the salesperson's employer;

if exempt under

section 2 (2) (

d) of this regulation, the name and address of the employer or principal and the employer's or principal's repairer's licence number;

if exempt under

section 2 (2) (

f) of this regulation, the certificate of registration or exemption, as applicable, issued under the Defence Production Act (Canada), or a copy of that certificate, or if no certificate of exemption is provided in respect of the exemption, the evidence required under

section 16 (2) of the Controlled Goods Regulation, SOR/200-32;

if exempt under

section 2 (2) (

g) of this regulation, evidence that the person belongs to a class of persons set out in

section 36 (

a) of the Defence Production Act (Canada) or listed in

section 1.1 of the Controlled Goods Regulation, SOR/2001-32.

Applying for an armoured vehicle permit

An applicant for an armoured vehicle permit must provide the registrar with all the following:

particulars respecting the applicant's identity and location, including name, date and place of birth, gender, citizenship or residence status, address, telephone number and email address, if any;

particulars respecting the applicant's physical appearance, including hair colour, eye colour, weight and height;

a recent photograph of the applicant;

particulars respecting any unresolved charge, or conviction entered, against the applicant for a crime;

whether the applicant holds or has previously held an armoured vehicle permit;

particulars of the purpose for which the person is required to operate an armoured vehicle, and, if the reasons relate to the applicant's employment, the name of the employer, the employer's address and the applicant's position with the employer.

Prescribed purposes

For the purposes of

section 4 (1) (

d) of the Act, the following purposes for operating or continuing to operate an armoured vehicle are prescribed:

the operator's personal protection;

protection of another person to whom the operator has a contractual duty to transport;

protection of the operator's personal property;

protection of the property of another person, which property the operator has a contractual duty to transport.

Prescribed checks

For the purposes of

section 3 (2) (

b) of the Act, the registrar must carry out the following checks in respect of an applicant for a new armoured vehicle permit or the renewal of an armoured vehicle permit:

a criminal record check;

a police information check;

a correctional service information check.

Maximum term

For the purposes of

section 5 (1) of the Act, the registrar may issue or renew an armoured vehicle permit for a term not exceeding 5 years.

Fees

For the purposes of

section 3 (2) (

c) of the Act, the fee

for an armoured vehicle permit for a term of up to 5 years is $90, and

for the renewal of an armoured vehicle permit for a term of up to 5 years is $45.

[Provisions relevant to the enactment of this regulation: Armoured Vehicle and After-Market Compartment Control Act , S.B.C. 2010, c. 8,

section 20]