2019 Legislative Session: 4th Session, 41st Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. LAURIE THRONESS

BILL M 227 – 2019

TRESPASS AMENDMENT ACT, 2019

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

Section 1 of the Trespass Act, S.B.C. 2018, c. 3, is amended

(

a) by adding the following

definitions:

"contaminate" means to expose to conditions that permit

(

a) the introduction of foreign matter, including filth, a poisonous substance or pest,

(

b) the introduction or multiplication of disease-causing microorganisms or parasites, or

(

c) the introduction or production of toxins;

"food establishment" means any place where, or any vehicle in which, in the ordinary course of business, food is grown, raised, cultivated, kept, harvested, produced, manufactured, slaughtered, processed, prepared, packaged, distributed, transported or sold, or is stored or handled for any purpose; , and

(

b) in the definition of "premises" , by striking out " and " at the end of paragraph (b) (iii) and by striking out the semi-colon at the end of paragraph (b) (iv) and substituting " , and " and by adding the following paragraph:

(

c) a food establishment; .

2 The following

section is added after

section 2:

Contamination of a food establishment prohibited

2.1

(1) Subject to

section 3, a person who trespasses on or in premises that is a food establishment and contaminates the food establishment in the course of trespassing on such premises commits an offence.

(2) A person who encourages or counsels another person to trespass on or in premises that is a food establishment and that trespass results in the contamination of the food establishment commits an offence.

Section 3 is amended by adding " or 2.1 " after " under

section 2 ".

Section 8 is amended by adding " ,

section 2.1 [contamination of a food establishment prohibited] " after "

section 2 [trespass prohibited] ".

5 The following

section is added after

section 8:

Additional fines for trespassing on or in or contaminating a food establishment

8.1

(1) In addition to compensation that may be ordered under

section 8, the Provincial Court may impose a fine of not more than $10 000 or a term of imprisonment for not more than one month on a person convicted of an offence under

section 2 in relation to the trespass on or in premises that is a food establishment.

(2) In addition to compensation that may be ordered under

section 8, the Provincial Court may impose a fine of not more than $25 000 or a term of imprisonment for not more than 6 months on a person convicted of an offence under

section 2.1 (1) in relation to the contamination of premises that is a food establishment.

(3) The Provincial Court may impose a fine of not more than $50 000 on a person convicted of an offence under

section 2.1 (2).

Commencement

6 This Act comes into force on the date of Royal Assent.

Copyright (

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