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2010 Legislative Session: 2nd Session, 39th 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 5th day of May, 2010

Ian D. Izard, Q.C., Law Clerk

HONOURABLE MICHAEL DE JONG

MINISTER OF PUBLIC SAFETY AND SOLICITOR GENERAL

BILL 16 – 2010

ARMOURED VEHICLE AND AFTER-MARKET

COMPARTMENT CONTROL ACT

Contents

Definitions and

interpretation

Part 1 – Armoured Vehicles

Prohibition from operating armoured vehicle

Applying for armoured vehicle permit

Refusal of armoured vehicle permit

Armoured vehicle permit

Part 2 – After-Market Compartments

Prohibitions on after-market compartment

Part 3 – Enforcement

Armoured vehicle permit cancellation or suspension

Summary action to protect the public

Seizure of armoured vehicle or vehicle containing after-market compartment without a warrant

Peace officer powers

Offences

Time limit for commencing a prosecution

Offence penalties

Part 4 – General

Certificate evidence

Sending of notices and requests

Reconsideration

Investigations

Hearings

Regulations

Transition – operation of armoured vehicle

22-26

Consequential and Related 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 and

interpretation

1 In this Act:

"after-market compartment" means a compartment in a vehicle, which compartment

(

a) is not part of the manufacturer's design of or equipment for the vehicle, and

(

b) is incorporated into the equipment or structure of the vehicle after it has left the factory in which it was manufactured;

"armoured car guard service" has the same meaning as in the Security Services Act ;

"armoured vehicle" means a motor vehicle manufactured or adapted for the purpose of protecting its occupants from explosions caused by explosive devices or from projectiles discharged from a firearm, as defined in

section 2 of the Criminal Code ;

"armoured vehicle permit" means a permit issued under

section 5 [armoured vehicle permit] authorizing a person to operate an armoured vehicle;

"crime" has the same meaning as in the Security Services Act ;

"motor vehicle" has the same meaning as in the Motor Vehicle Act ;

"operate" , in relation to a vehicle, includes having care or control of the vehicle;

"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 guard service" has the same meaning as in the Security Services Act ;

"security worker licence" means a security worker licence issued under

section 5 of the Security Services Act ;

"vehicle" has the same meaning as in the Motor Vehicle Act .

Part 1 – Armoured Vehicles

Prohibition from operating armoured vehicle

(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;

"security guard" means an individual who performs the work of, or provides any aspect of the services provided by, a security guard service.

(2) A person must not operate an armoured vehicle except under the authority of a valid armoured vehicle permit issued in the person's name.

(3) Subsection (2) does not apply to

(

a) a peace officer,

(

b) a person who holds a valid security worker licence, authorizing the person to work as a security guard, while the person is providing, in the course of their employment under that licence, security services that involve operating an armoured vehicle,

(

c) a person who holds a valid security worker licence, authorizing the person to work as an armoured car guard, while the person is providing, in the course of their employment under that licence, security services that involve operating an armoured vehicle, as defined under the Security Services Act , or

(

d) a person who is exempt under the regulations.

Applying for armoured vehicle permit

(1) A person may apply to the registrar for

(

a) a permit authorizing the person to operate an armoured vehicle, or

(

b) the renewal of such a permit.

(2) An application for an armoured vehicle 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 fees.

(3) An applicant for an armoured vehicle permit or the renewal of an armoured vehicle permit must meet all conditions and requirements imposed by this Act or the regulations.

Refusal of armoured vehicle permit

(1) The registrar may refuse to issue or renew an armoured vehicle 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 3 [applying for armoured vehicle 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 operate an armoured vehicle;

(

c) the application is for renewal of an armoured vehicle permit and the registrar is satisfied that the permit holder has contravened a provision of this Act or the regulations or a term or condition of his or her armoured vehicle permit;

(

d) the registrar considers that the applicant or permit holder has failed to demonstrate a prescribed purpose for operating or continuing to operate an armoured vehicle;

(

e) the registrar considers that it is not in the public interest for the applicant or permit holder to operate or continue to operate an armoured vehicle;

(

f) 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).

Armoured vehicle permit

(1) The registrar may issue or renew an armoured vehicle 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 operating an armoured vehicle;

(

b) the permit holder, when operating an armoured vehicle, must produce the armoured vehicle permit on the request of 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 the operation of an armoured vehicle under the permit is for the purposes of that employment,

(iii) a change in circumstances such that the permit holder is no longer able to demonstrate that he or she requires the permit for a purpose prescribed for the purpose of

section 4 (1) (d),

(iv) a change in his or her residential address, or

(

v) a charge being laid or a conviction entered against the permit holder for a crime;

(

d) the permit holder must surrender the permit to the registrar on or before the last day of the term of the armoured vehicle permit;

(

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 armoured vehicle permit.

Part 2 – After-Market Compartments

Prohibitions on after-market compartment

(1) A person must not own, operate or use a vehicle that contains an after-market compartment.

(2) A person who installs an after-market compartment in a vehicle must immediately contact the officer in charge of the nearest Provincial or municipal police office and provide to that officer all of the following information:

(

a) the name and address of the owner of the vehicle;

(

b) the make, model and year of the vehicle;

(

c) where in the vehicle the compartment has been placed and how the compartment can be opened.

(3) Subsection (1) does not apply in respect of a person who owns, operates or uses a vehicle containing an after-market compartment if the owner of the vehicle is exempt from subsection (1) under the regulations.

Part 3 – Enforcement

Armoured vehicle permit cancellation or suspension

(1) The registrar may cancel, or suspend for a period of time, an armoured vehicle permit for any reason under

section 4 (1) [refusal of armoured vehicle permit] .

(2) The registrar must

(

a) hold a hearing before making a decision under subsection (1), and

(

b) give the permit holder written reasons for the decision.

(3) If under subsection (1) the registrar cancels, or suspends for a period of time, an armoured vehicle permit, the permit holder, immediately or within the period specified by the registrar in the decision or reasons, must surrender the permit to the registrar.

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, an armoured vehicle permit.

(2) As soon as practicable after making a decision under subsection (1), the registrar must give the permit holder written notice of and written reasons for the decision.

(3) An armoured vehicle permit holder who receives a notice under subsection (2)

(

a) must immediately surrender the armoured vehicle permit to the registrar or, if the notice is delivered by a peace officer or by an inspector, as defined in the Security Services Act , to the peace officer or inspector, as applicable,

(

b) must cease operating the armoured vehicle, and

(

c) 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

(

a) to a licence is deemed to include an armoured vehicle permit referred to in subsection (1) of this section, and

(

b) to subsection (3) is deemed to be a reference to subsection (3) of this section.

Seizure of armoured vehicle or vehicle containing

after-market compartment without a warrant

(1) If a peace officer has reasonable grounds for believing that a person is operating an armoured vehicle and, on request of the peace officer, the person

(

a) refuses or is unable to produce a valid armoured vehicle permit, and

(

b) is unable to satisfy the peace officer that the person is exempt under

section 2 (3) from the requirement to hold an armoured vehicle permit,

the peace officer, without a warrant, may seize the motor vehicle and take it to a secure place for the purpose of preserving the motor vehicle until a search warrant is obtained.

(2) If

(

a) a peace officer has reasonable grounds for believing that a person owns or is operating or using a vehicle that contains an after-market compartment, and

(

b) on request of the peace officer, the person is unable to satisfy the peace officer that the person is exempt under the regulations from the prohibition in

section 7 (1),

the peace officer, without a warrant, may seize the vehicle and take it to a secure place for the purpose of preserving the vehicle until a search warrant is obtained.

(3) Sections 24 to 24.2 of the Offence Act apply in respect of a vehicle seized under subsection (1) or (2) of this section.

(4) If, under

section 24 (2) (

a) of the Offence Act , a justice orders that a vehicle referred to in subsection (3) of this

section be detained, despite

section 24 (3) of the Offence Act , the vehicle may be detained for up to one year before an order under

section 24 (5) of that Act, authorizing its continued detention, is required.

Peace officer powers

(1) If a vehicle contains an after-market compartment, and the owner is not exempt under the regulations from the prohibition in

section 7 (1), a peace officer may order the owner, operator or user of the vehicle to cease operating or using, as applicable, the vehicle until the after-market compartment has been removed.

(2) A peace officer who makes an order under subsection (1) may also order the owner, operator or user to demonstrate to the person specified in the order, at the location and within the period, or at the time, specified in the order that the after-market compartment has been removed.

(3) During the period, or until the date, specified in an order under subsection (2), if the vehicle is not operated or used,

section 7 (1) does not apply to the owner of the vehicle in respect of that person's ownership of the vehicle.

(4) If a motor vehicle is an armoured vehicle and the operator does not hold an armoured vehicle permit, and is not exempt from that requirement, a peace officer may order the operator to cease operating the motor vehicle.

Offences

(1) A person who contravenes any of the following commits an offence:

(a)

section 2 (2) [ prohibition from operating armoured vehicle] ;

(c)

section 7 (1) or (2) [prohibition on after-market compartment] ;

(d)

section 8 (3) [armoured vehicle permit cancellation or suspension] ;

(e)

section 9 (3) (

a) or (b) [summary action to protect the public] ;

(f) subsection (2), (4) (

a) or (b), (5) or (6) (

a) or (

b) of this section.

(2) When applying for an armoured vehicle permit or when requested, ordered or directed by the registrar to provide information, a person must not provide false or misleading information.

(3) A person does not commit an offence under subsection (2) if, at the time the information was provided, 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.

(4) A person must not

(

a) obstruct, impede or refuse to admit a peace officer who is exercising powers or performing duties under this Act or under a warrant issued for the purposes of enforcing this Act, or

(

b) obstruct or impede an inspector referred to in

section 9 (3).

(5) A person must not use an armoured vehicle permit that has been issued to another person.

(6) A person must not produce to any person as a valid armoured vehicle permit an armoured vehicle permit

(

a) that has been cancelled under

section 9 (1) [summary action to protect the public] , or

(

b) during a period when the armoured vehicle permit is suspended under

section 9 (1).

(7) If a business entity, as defined in the Security Services Act , commits an offence under this Act, an employee, officer, director, partner or agent of the business entity who authorizes, permits or acquiesces in the commission of the offence also commits an offence, whether or not the business entity is prosecuted for the offence.

(8) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee, officer, director, partner or agent of the defendant, whether or not the employee, officer, director, partner or agent is identified or has been prosecuted for the offence.

(9) Sections 4 and 5 of the Offence Act do not apply for the purposes of this Act.

Time limit for commencing a prosecution

(1) The time limit for laying an information to commence a prosecution for an offence under this Act is

(

a) one year after the date on which the act or omission that is alleged to constitute the offence occurred, or

(

b) if the registrar issues a certificate described in subsection (2), one year after the date on which the registrar learned of the act or omission referred to in paragraph (a).

(2) A certificate purporting to have been issued by the registrar certifying the date referred to in subsection (1) (

b) is proof of that date.

Offence penalties

(1) An individual who commits an offence under

section 12 [offences] 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 12 is liable on conviction to a fine of not more than $100 000.

Part 4 – General

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 an armoured vehicle permit and a document in the registrar's records respecting an armoured vehicle 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 4 (1) [refusal of armoured vehicle permit] , 5 (2) [armoured vehicle permit] or 8 (1) [armoured vehicle 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 (1) of this section.

Investigations

Section 50 of the Security Services Act applies in relation to armoured vehicle permits and, for that purpose, a reference in that

section to a "licence" is deemed to include an armoured vehicle permit.

Hearings

19 The registrar may hold a hearing under this Act in writing, electronically or orally or by any combination of written, electronic or oral hearings.

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 the forms of applications and permits;

(

b) prescribing checks regarding applicants for the purposes of

section 3 [applying for armoured vehicle permit] ;

(

c) prescribing application and permit fees for the purpose of

section 3, which fees may be different depending on the duration of the armoured vehicle permit applied for or issued;

(

d) prescribing purposes for the purpose of

section 4 (1) (d) [refusal of armoured vehicle permit] ;

(

e) prescribing a maximum period for the purposes of

section 5 (1) [armoured vehicle permit] ;

(

f) prescribing the information that an applicant for an armoured vehicle 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) respecting proof of an exemption referred to in

section 7 (3), including without limitation, prescribing the documents that constitute proof of a specific exemption;

(

i) 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 [offence penalties] .

Transition – operation of armoured vehicle

Section 2 (2) [prohibition from operating armoured vehicle] does not apply for a period of 90 days after the date

section 2 comes into force to a person who operates an armoured vehicle for a purpose prescribed under

section 20 (2) (d) [regulations] .

Consequential and Related Amendments

Body Armour Control Act

Section 5 (1) of the Body Armour Control Act, S.B.C. 2009, c. 24, is amended

(

a) in paragraph (

d) by striking out " the applicant " and substituting " the applicant or permit holder ", and

(

b) in paragraph (

f) by striking out " there is an unresolved charge against the applicant or permit holder for a crime or ".

Section 10 (4) is amended by striking out everything after " a reference in that

section " and substituting

(

a) to a licence is deemed to include a body armour permit referred to in subsection (1) of this section, and

(

b) to subsection (3) is deemed to be a reference to subsection (3) of this section.

Section 13 (7) is amended by striking out " director or agent " and substituting " director, partner or agent ".

Section 14 (2) is amended by striking out " or imprisonment for not longer than 6 months, or both ".

Section 21 (1) (

b) is amended by striking out " is unable to identify the basis on which he or she is exempt " and substituting " is unable to satisfy the inspector or peace officer that the person is exempt ".

Commencement

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

Copyright (

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