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Volume 60, No. 1

11/2017

The British Columbia Gazette,

Part II

January 31, 2017

B.C. Reg. 11/2017 , deposited January 31, 2017, under the YOUTH JUSTICE ACT [section 44 (2) (e), (f), (h), (j), (k), (k.1), (

m) and (n)]. Order in Council 22/2017, approved and ordered January 30, 2017.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective April 1, 2017, the Youth Custody Regulation, B.C. Reg. 137/2005, is amended as set out in the attached Schedule.

— S. CADIEUX, Minister of Children and Family Development ; J. RUSTAD, Presiding Member of the Executive Council .

Schedule

1 The definition of “privileged person” in

section 1 (1) of the Youth Custody Regulation, B.C. Reg. 137/2005, is amended

(

a) in paragraph (

e) by striking out “ Ombudsman ” and substituting “ Ombudsperson ”, and

(

b) by repealing paragraph (

h) and substituting the following:

(

h) if a youth is detained or subject to a warrant for arrest and detention under the Immigration and Refugee Protection Act (Canada), a person designated as an officer under that Act; .

Section 2 (1) is amended by striking out “ and ” at the end of paragraph (b), by adding “ , and ” at the end of paragraph (

c) and by adding the following paragraph:

(

d) supports the emotional and personal development of youth.

3 The heading to

Part 6 is repealed and the following substituted:

Part 6 – Behaviour Support and Management .

Section 10 is amended

(

a) by striking out “ a disciplinary infraction ” and substituting “ an infraction ”,

(

b) in paragraph (q) (ii) by striking out “ operation, discipline or security ” and substituting “ operation or security ”, and

(

c) in paragraph (

u) by adding “ of a staff member ” after “ without permission ”.

Section 11 is amended

(

a) in subsection (1) by striking out “ a disciplinary infraction ” and substituting “ an infraction ”,

(

b) in subsection (1) (a) (

i) by striking out “ disciplinary ”,

(

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

(ii) give the youth an opportunity to do any of the following:

(

A) stop the infraction from occurring;

(

B) make a positive change in his or her behaviour;

(

C) apologize, orally or in writing, to a person affected by his or her behaviour; ,

(

d) in subsection (1) (b) (

i) by striking out “ disciplinary ”,

(

e) by repealing subsection (1) (b) (ii) and substituting the following:

(ii) of the reasons why his or her behaviour constitutes an infraction. ,

(

f) in subsection (2) by striking out “ the disciplinary infraction ” wherever it appears and substituting “ the infraction ”, and

(

g) in subsection (2) (

c) by striking out “ subsection (1) (a) (ii) ” and substituting “ subsection (1) (a) ”.

Section 12 is amended

(

a) in subsection (1) by striking out “ a disciplinary infraction ” and substituting “ an infraction ”,

(

b) by repealing subsection (1) (

a) and (b),

(

c) by repealing subsection (1) (

f) and substituting the following:

(

f) extra work or other tasks, including the repair of damaged property, for a specified period not longer than 2 hours; ,

(

d) in subsection (1) (

g) by striking out “ confinement ” and substituting “ placement ”,

(

e) in subsection (3) (

a) by striking out “ to correct the behaviour of the youth ” and substituting “ to effect a positive change in the youth’s behaviour ”,

(

f) in subsection (3) by adding the following paragraph:

(a.1) the need to support the emotional and personal development of the youth, ,

(

g) in subsection (3) (

b) by striking out “ order, discipline and security ” and substituting “ order and security ”, and

(

h) by adding the following subsection:

(4) A person who orders a consequence under subsection (1) or makes a recommendation under subsection (2) must

(

a) complete a written report that includes the reasons for the decision to order the consequence or make the recommendation, and

(

b) submit the report, as soon as practicable, to the person in charge of the youth custody centre who is, under

section 12.1, responsible for reviewing the decision.

7 The following

section is added to

Part 6:

Review of consequence or recommendation

12.1

(1) A decision to order a consequence under

section 12 (1) or make a recommendation under

section 12 (2)

(

a) must be reviewed by the person in charge of a youth custody centre if a youth directly affected by the decision requests a review, or

(

b) may be reviewed, in any other case, if the person in charge determines, in his or her discretion, that a review is warranted.

(2) A review under subsection (1) must take place as soon as practicable and, in any event, no more than 72 hours after the decision to order a consequence or make a recommendation has been made.

(3) The person who conducts a review under subsection (1)

(

a) may, after considering the matters referred to in

section 12 (3) and the views of the youth directly affected by the decision under review,

(

i) confirm the decision, or

(ii) vary or reverse the decision in whole or in part, and

(

b) must, as soon as practicable after the review, provide written reasons for the person’s decision on the review to the provincial director and the youth.

(4) The person who conducts a review under subsection (1) must be a different person than the person who ordered the consequence under

section 12 (1) or made the recommendation under

section 12 (2).

Section 13 is repealed.

Section 15 is amended

(

a) in subsections (3) and (4) by striking out “ 8 continuous hours ” and substituting “ 2 continuous hours ”, and

(

b) in subsection (5) by striking out “ A person ” and substituting “ The person ” and by striking out “ every 8 hours ” and substituting “ every 2 hours ”.

10 The following

section is added:

Separate confinement

15.1

(1) The person in charge of a youth custody centre may, in accordance with this section, confine a youth separately from other youths in the youth custody centre if

(

a) all other means of dealing with the youth have been exhausted or are not reasonable in the circumstances, and

(

b) the person believes on reasonable grounds that the youth

(

i) is endangering, or is likely to endanger, himself or herself,

(ii) is endangering, or is likely to endanger, another person,

(iii) is threatening, or is likely to threaten, the management, operation or security of the youth custody centre,

(iv) has contraband hidden on or in his or her body,

(

v) has taken an intoxicant into his or her body,

(vi) is at risk of serious harm, or is likely to be at risk of serious harm, if not separately confined, or

(vii) must be separately confined for a medical reason.

(2) A youth may be separately confined as follows:

(

a) for an initial period of up to 8 hours, by the person in charge of the youth custody centre;

(

b) for an additional consecutive period of up to 40 hours, with written approval of a different person in charge;

(

c) for a further additional consecutive period, with written approval of the provincial director.

(3) The provincial director’s written approval under subsection (2) (

c) must be obtained separately for each additional consecutive period of up to 72 hours.

(4) A person must not approve a period of separate confinement

(

a) that is longer than necessary to address an applicable concern specified in subsection (1) (b), and

(

b) without considering information, if any, provided by the youth.

(5) A staff member must explain to a youth the reasons for the youth’s separate confinement

(

a) as soon as practicable after the commencement of an initial period of confinement and, in any event, no more than 4 hours into the initial period of confinement, and

(

b) as soon as practicable after the commencement of each additional consecutive period of confinement and, in any event, no more than 4 hours into the additional period of confinement.

Section 17 (1) (

a) is amended by adding “ and ” at the end of subparagraph (iv) and by repealing subparagraph (v).

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