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1997 Legislative Session: 2nd Session, 36th Parliament

THIRD READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 8th day of May, 1997

Ian D. Izard, Law Clerk

HONOURABLE UJJAL DOSANJH

ATTORNEY GENERAL AND

MINISTER RESPONSIBLE FOR

MULTICULTURALISM,

HUMAN RIGHTS AND

IMMIGRATION

BILL 7 – 1997

OFFENCE AMENDMENT ACT, 1997

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 Offence Act, R.S.B.C. 1996, c. 338, is amended by adding the following

definition:

"ticketed amount" means, in relation to an alleged contravention of an enactment,

for which a violation ticket is issued under

section 14, the aggregate of the

following amounts:

(

a) the fine prescribed for the contravention of an enactment alleged by the

ticket;

(

b) the victim surcharge levy to be paid with that fine

under

section 8.1 of the Victims of Crime Act ; .

Section 14 is amended

(

a) by repealing subsection (4) (

b) and substituting the following:

(

b) a statement of the ticketed amount applicable to the alleged contravention; ,

(

b) in subsection (4) (

c) by striking out "or fine" and

substituting "or the fine portion of the ticketed amount" ,

(

c) in subsection (4) (d) (iii) by striking out "fine" and

substituting "ticketed amount" ,

(

d) in subsection (9) (

a) by striking out "a fine" and

substituting "the fine portion of the ticketed amount" ,

(

e) in subsection (9) (

b) by striking out "a fine indicated on

the violation ticket" and substituting "the ticketed amount indicated

on the ticket" ,

(

f) in subsection (10) (

c) by striking out "a fine" and

substituting "the fine portion of the ticketed amount" ,

(

g) in subsection (10) (

d) by striking out "a fine indicated

on the violation ticket" and substituting "the ticketed amount

indicated on the ticket" , and

(

h) by repealing subsection (11) and substituting the following:

(11) If a person pays all or a portion of the ticketed amount indicated on a violation

ticket in accordance with subsection (9) or (10), the person is deemed to have

pleaded guilty to the alleged contravention and the unpaid portion of that ticketed

amount is immediately payable to the government.

Section 15 (1) and (2) is amended by striking out "the amount

of the fine contained in" and substituting "the fine portion of

the ticketed amount indicated on" .

Section 16 (1) is repealed and the following substituted:

(1) If a person who has been served with a violation ticket under

section 14 has not,

within 30 days after the ticket was served on the person, either paid all or a

portion of the ticketed amount or disputed the allegation or the fine portion of the

ticketed amount in accordance with

section 15,

(

a) the person is deemed to have pleaded guilty to the alleged contravention,

and

(

b) the ticketed amount indicated on the ticket is immediately payable to the

government.

Section 16 (2) is amended by striking out "the amount of the fine in accordance with

section 15." and substituting "the amount of the fine portion of the ticketed amount in

accordance with

section 15."

Section 16 (3) (d) (

i) is amended by striking out "the fine"

and substituting "the fine portion of the ticketed amount" .

Section 18 (3) is amended by striking out "the fine contained

in that ticket" and substituting "all or a portion of the ticketed

amount indicated on the ticket" .

Section 82 (2) and (3) (

c) is amended by striking out "that

the fine" and substituting "that the fine and the victim surcharge

levy that is, under

section 8.1 of the Victims of Crime Act, to be paid

with that fine," .

Section 82 (3) (

a) is amended by striking out "pay the fine"

and substituting "pay the fine and the victim surcharge levy that

is, under

section 8.1 of the Victims of Crime Act, to be paid with that

fine," .

Section 82 (6) (

a) is amended by striking out "a fine" and

substituting "a fine and victim surcharge levy" .

Section 82 (6) (

b) is amended by striking out "a fine payable

as a result of the person" and substituting "a ticketed amount

payable as a result of the person being found guilty of or" .

Section 82 (6) (

c) is repealed and the following substituted:

(

c) the date of the conviction or the deemed guilty plea, as the case may be, and

the amount of the fine and victim surcharge levy or of the ticketed amount,

as the case may be, .

Section 82 (6) is amended

(

a) in paragraph (

d) by adding "and victim surcharge levy or

the ticketed amount, as the case may be" after "the fine" ,

(

b) in paragraph (

e) by adding "and victim surcharge levy or

the ticketed amount, as the case may be," after "the fine" ,

(

c) in paragraph (

f) by adding "and victim surcharge levy or

of the ticketed amount, as the case may be," after "the fine" ,

and

(

d) in paragraph (

g) by adding "and victim surcharge levy or

of the ticketed amount, as the case may be" after "the fine" .

Section 82 (8) (

a) is amended by adding "and victim surcharge

levy" after "a fine" .

Section 82 (8) (

b) is repealed and the following substituted:

(

b) with respect to a ticketed amount referred to in subsection (6) (b), more than

10 years after the day on which the person is found guilty of or is deemed

to have pleaded guilty to the contravention of an enactment alleged in the

violation ticket.

Section 14 (4) (e) (v), as enacted by

section 2 (

b) of the Supplement

to the Offence Act, is amended by striking out "fine" and substituting

"ticketed amount" .

Section 14 (10.1) (c), as enacted by

section 6 of the Supplement to the Offence Act, is

repealed and the following substituted:

(

c) the prescribed fine for that contravention and the victim surcharge levy that

is, under

section 8.1 of the Victims of Crime Act, to be paid with that fine are

immediately payable to the government and sections 82 (6) to (8) and 82.1

of this Act apply to those amounts as if those amounts made up a ticketed

amount indicated on a violation ticket that had been issued to the person in

respect of that contravention.

Section 15 (2.1), as enacted by

section 8 of the Supplement to the

Offence Act, is amended by striking out "the amount of the fine contained

in" and substituting "the fine portion of the ticketed amount

indicated on" .

Section 16 (1) (c), as enacted by

section 12 of the Supplement to the Offence Act, is

repealed and the following substituted:

(

c) does not pay all or a portion of the ticketed amount indicated on the ticket

or does not dispute the allegation or the fine portion of the ticketed amount

in accordance with

section 15, .

Section 16 (1), as enacted by

section 12 of the Supplement to the Offence Act, is amended

by striking out "the fine indicated in the ticket is payable to the government as if it were a

fine imposed by the Provincial Court" and substituting "the ticketed amount indicated on

the ticket is immediately payable to the government".

Section 82.1 (1), as enacted by

section 21 of the Supplement to the Offence Act, is

repealed and the following substituted:

(1) In this section:

"part payment" means an amount received by the government that is less than the

aggregate of the required payment and the interest that has accrued on that

amount under this section;

"required payment" means the payment referred to in paragraph (a), (

b) or (c), as

the case may be, of subsection (1.1).

(1.1) A person who does not pay all of

(

a) a fine and victim surcharge levy payable in accordance with an order under

section 82 (2) (a),

(

b) a payment, to be made of or in respect of a fine and victim surcharge levy,

payable in accordance with an order under

section 82 (2) (b), or

(

c) a ticketed amount payable as a result of the person being found guilty of or

being deemed to have pleaded guilty to the contravention of an enactment

alleged in a violation ticket

must pay to the government, in relation to the unpaid amount of the required

payment, an amount of interest at a rate set by the Attorney General under

subsection (2) and calculated in accordance with this section.

Section 82.1 (2), as enacted by

section 21 of the Supplement to the Offence Act, is

amended by striking out "subsection (1)." and substituting "subsection (1.1)."

Section 82.1 (4), as enacted by

section 21 of the Supplement to the Offence Act, is

repealed and the following substituted:

(4) Interest payable under this

section accrues on any unpaid balance of the required

amount and is to be calculated,

(

a) in the case of a fine and victim surcharge levy payable in accordance with

an order under

section 82 (2) (a), from the day on which the order is made,

(

b) in the case of a payment referred to in subsection (1.1) (

b) of this section,

from the day on which payment is due, and

(

c) in the case of a ticketed amount referred to in subsection (1.1) (

c) of this

section, from the day on which the person is found guilty of or is deemed to

have pleaded guilty to the contravention of an enactment alleged in a

violation ticket.

Section 82.1 (5), as enacted by

section 21 of the Supplement to the Offence Act, is

repealed and the following substituted:

(5) Interest payable under this

section stops accruing on the day

(

a) there is deposited under

section 105 (2) (

c) the required payment and the

interest that has accrued on that amount to the date of the deposit,

(

b) the unpaid amount of the required payment is received by the government

along with the interest that has accrued on that amount to the date of payment, or

(

c) a certificate is filed under

section 82 (6) in relation to the fine and victim

surcharge levy or the ticketed amount, as the case may be.

Section 82.1, as enacted by

section 21 of the Supplement to the Offence Act, is amended

by adding the following subsection:

(5.1) Unless the person providing a part payment otherwise directs, a part payment

must be applied

(

a) first to the interest that has accrued on the required payment to the date of

the receipt of the part payment,

(

b) second to the unpaid amount of the victim surcharge levy portion of the

required payment, and

(

c) last to the unpaid amount of the fine portion of the required payment.

Section 11 of the Supplement to the Offence Act is repealed.

Consequential Amendments

Victims of Crime Act

Section 10 of the Victims of Crime Act, R.S.B.C. 1996, c. 478, is

amended by striking out "No cause of action," and substituting

"Subject to

section 82 (7) of the Offence Act , no cause of action," .

Section 8.1 (2), as enacted by

section 1 of the Supplement to the

Victims of Crime Act, is amended by striking out "If a person pays a

fine in accordance with

section 14 of" and substituting "Without

limiting subsection (1), if a person pays or is obligated to pay a fine under" .

Section 8.1 (3) to (6), as enacted by

section 1 of the Supplement to the Victims of Crime

Act, is repealed.

Commencement

30 This Act comes into force by regulation of the Lieutenant Governor in Council.

Copyright

© 1997: Queen's Printer, Victoria, British Columbia, Canada