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1997 Legislative Session: 2nd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE ANDREW PETTER

MINISTER OF FINANCE AND

CORPORATE RELATIONS AND

MINISTER RESPONSIBLE FOR

INTERGOVERNMENTAL RELATIONS

BILL 4 – 1997

CORRECTION 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 Correction Act, R.S.B.C. 1996, c. 74, is amended

(

a) by repealing the

definitions of "branch" and "commissioner" ,

(

b) in the definition of "minister" by striking out "means the Attorney General, and" ,

and

(

c) by repealing the definition of "youth containment centre" and substituting the

following:

"youth custody centre" means a youth custody centre designated under

section 27

of this Act and includes

(

a) a place of secure custody designated under the Young Offenders Act

(Canada) by the Lieutenant Governor in Council, and

(

b) a place of open custody or a place of temporary detention designated under

the Young Offenders Act (Canada) by the Lieutenant Governor in Council

or by a delegate of the Lieutenant Governor in Council.

2 Sections 2 to 4 are repealed and the following substituted:

Purpose

2 The purpose of this Act is to protect the community.

Staff

(1) Probation officers and other employees required for the purposes of this Act may

be appointed under the Public Service Act.

(2) Persons appointed as described in subsection (1), except the director and

employees in the office established under

section 33, are peace officers while

carrying out their duties under this Act and the regulations.

Temporary appointments

(1) Despite the Public Service Act, the minister may appoint employees required for

the purposes of this Act to meet an actual or impending emergency.

(2) On request by a court and with the approval of the minister, a person may exercise

the powers and discharge the duties of a probation officer without remuneration

for the purposes and in the geographic area of British Columbia specified in the

approval.

3 Sections 9, 14, 18 and 20 are amended by striking out "youth containment centre"

wherever it appears and substituting "youth custody centre" .

Section 22 is amended by striking out "commissioner" wherever it appears and substituting "minister" .

Section 23 is amended

(

a) by striking out "commissioner" wherever it appears and substituting "minister" ,

and

(

b) by striking out "and send to the minister" .

Section 24 is amended by striking out "commissioner and other employees of the ministry"

and substituting "employees as defined in

section 1 of the Public Service Act " .

Section 26 is amended by striking out "Attorney General must" and substituting "minister may" .

Section 27 is repealed and the following substituted:

Designation of youth custody centres

27 The minister may designate facilities as youth custody centres.

Section 28 is amended

(

a) by striking out "commissioner" and substituting "minister" , and

(

b) by repealing paragraph (

e) and substituting the following:

(

e) a custody program.

Section 29 (1) is amended by striking out "youth containment centre" and substituting

"youth custody centre" .

Section 30 is repealed and the following substituted:

Transfers and outside programs

(1) In this section, "adult" means an adult as defined in the Young Offenders (British Columbia) Act or in the Young Offenders Act (Canada) .

(2) A young person in custody must be detained in a youth custody centre that the

minister specifies.

(3) The minister may, during the period of custody, transfer the young person from

one centre to another.

(4) If a young person in custody becomes an adult, the minister may transfer the

person to a correctional centre to serve his or her custody order or any balance of

it.

(5) The minister may permit a young person in custody

(

a) to be temporarily released from custody for medical, compassionate or

humanitarian reasons, or

(

b) to participate in any educational, treatment or counselling program inside or

outside the youth custody centre.

(6) If a young person is absent from a youth custody centre as permitted under

subsection (5), the young person is subject to

(

a) the rules, regulations and discipline of the centre, and

(

b) any terms for his or her supervision that a person in authority at the centre

imposes on the young person for the period of the absence.

Section 31 is repealed.

Section 32 is repealed and the following substituted:

Inspection of centres

(1) The director must inspect each youth custody centre or facility annually.

(2) Each year, the director must make a written report to the minister recommending

any changes that, in the opinion of the director, should be made in the youth

custody program or in a centre or facility inspected.

Section 33 (2) is repealed.

Section 34 (1) is amended

(

a) in paragraph (

b) by striking out "youth containment centres" and substituting "youth custody centres" ,

(

b) in paragraph (

c) by striking out "or commissioner" ,

(

c) in paragraph (d) (ii) by striking out "youth containment centre" and substituting

"youth custody centre" , and

(

d) by repealing paragraph (

g) and substituting the following:

(

g) is entitled to access at any time to

(

i) a part of a centre or facility described in paragraph (b), and to a

person held there,

(ii) a person appointed or approved as described in

section 3 or 4, and

(iii) a file or document under the custody and control of the ministry or of

a person appointed or approved as described in

section 3 or 4.

Section 35 (2) is amended

(

a) in paragraph (

d) by striking out "youth containment centres" and substituting "youth custody centres" , and

(

b) by striking out "youth containment centre" wherever it appears and substituting

"youth custody centre" .

Consequential Amendments

Attorney General Act

Section 2 (

h) of the Attorney General Act, R.S.B.C. 1996, c. 22, is repealed.

Child, Family and Community Service Act

Section 1 of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is

amended in the definition of "place of confinement" by striking out "youth containment

centre" and substituting "youth custody centre" .

Community Care Facility Act

Section 1 of the Community Care Facility Act, R.S.B.C. 1996, c. 60, is amended in

paragraph (

g) of the definition of "community care facility" by striking out "youth

containment centre" and substituting "youth custody centre" .

Mental Health Act

Section 29 of the Mental Health Act, R.S.B.C. 1996, c. 288, is amended by striking out

"youth containment centre" wherever it appears and substituting "youth custody centre" .

Section 35 (2) is amended by striking out "youth containment centre," and substituting

"youth custody centre," .

Victims of Crime Act

Section 7 (1) of the Victims of Crime Act, R.S.B.C. 1996, c. 478, is amended by striking

out "The commissioner of corrections or the designate of the commissioner" and substituting "The minister charged with the administration of the Correction Act or the designate

of the minister" .

Young Offenders (British Columbia) Act

Section 1 of the Young Offenders (British Columbia) Act, R.S.B.C. 1996, c. 494, is

amended by repealing the definition of "commissioner" and substituting the following:

"provincial director" means the provincial director for British Columbia as defined

section 1 of the Young Offenders Act (Canada); .

Section 11 (1) (b) (vi) is amended by striking out "commissioner" and substituting "provincial director" .

Section 12 (3) is amended by striking out "youth containment centre" and substituting

"youth custody centre" .

Section 14 (3) is amended by striking out "commissioner." and substituting "provincial

director."

Section 21 (3) is amended

(

a) by striking out "commissioner," and substituting "provincial director," , and

(

b) in paragraph (

b) by striking out "youth containment centre" and substituting "youth

custody centre" .

Commencement

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

Explanatory Notes

[This Bill amends the Revised Statutes of British Columbia,

1996. The Revised Statutes of British Columbia, 1996 come into force on April

21, 1997.]

SECTION 1: [Correction Act, amends

section 1] repeals

the

definitions of "branch" and "commissioner" and amends the

definitions of

"minister" and "youth containment centre" to support the other amendments the

Bill makes to allow youth and adult corrections programs to be administered

in separate ministries.

SECTION 2: [Correction Act, re-enacts sections 2 to 4] removes references to the Corrections Branch and Commissioner of Corrections and otherwise re-enacts the

purpose, staffing and temporary appointment provisions in sections 2, 3 and 4

of the Act.

SECTION 3: [Correction Act, amends sections 9, 14, 18 and 20] replaces references to

"youth containment centre" by references to "youth custody centre".

SECTIONS 4 and 5: [Correction Act, amend sections 22 and 23] replace references to "commissioner" by references to "minister".

SECTION 6: [Correction Act, amends

section 24] removes a reference to the Commissioner

of Corrections.

SECTION 7: [Correction Act, amends

section 26] changes a reference to the "Attorney

General" to a reference to "minister" and makes the establishment of the Youth

Program Committee discretionary.

SECTION 8: [Correction Act, re-enacts

section 27] changes a reference to "commissioner"

to a reference to "minister" and a reference to "youth containment centre" to

"youth custody centre".

SECTION 9: [Correction Act, amends

section 28] changes a reference to "commissioner"

to a reference to "minister" and a reference to "containment program" to a

reference to a reference to "custody program".

SECTION 10: [Correction Act, amends

section 29 (1)] changes a reference to "youth

containment centre" to a reference to "youth custody centre".

SECTION 11: [Correction Act, re-enacts

section 30] changes references to "youth containment centre" to references to "youth custody centre" and references to

"commissioner" to references to "minister".

SECTION 12: [Correction Act, repeals

section 31] repeals a

section made redundant by the

deletion of references in the Act to the commissioner.

SECTION 13: [Correction Act, re-enacts

section 32] changes a reference to "Attorney

General" to a reference to "minister" and a reference to "containment

program" to a reference to "custody program".

SECTION 14: [Correction Act, amends

section 33] repeals a provision which is redundant in

light of the reenactment of

section 3 by the proposed

section 2 of this Bill.

SECTION 15: [Correction Act, amends

section 34 (1)] changes references to "youth containment centre" to references to "youth custody centre" and deletes references to

"branch" and "commissioner".

SECTION 16: [Correction Act, amends

section 35] changes references to "youth containment centre" to references to "youth custody centre".

Attorney General Act

SECTION 17: [Attorney General Act, amends

section 2] deletes a provision giving the

Attorney General general responsibility for corrections centres.

Child, Family and Community Service Act

SECTION 18: [Child, Family and Community Service Act, amends

section 1] changes a

reference to "youth containment centre" to a reference to "youth custody

centre".

Community Care Facility Act

SECTION 19: [Community Care Facility Act, amends

section 1] changes a reference to

"youth containment centre" to a reference to "youth custody centre".

Mental Health Act

SECTIONS 20 and 21: [Mental Health Act, amend sections 29 and 35] change references to "youth

containment centre" to references to "youth custody centre".

Victims of Crime Act

SECTION 22: [Victims of Crime Act, amends

section 7] makes the minister responsible for

disclosures required by the

section in place of the commissioner.

Young Offenders (British Columbia) Act

SECTION 23: [Young Offenders (British Columbia) Act, amends

section 1] changes a definition of "commissioner" to the definition of "provincial director".

SECTION 24: [Young Offenders (British Columbia) Act, amends

section 11] changes a

reference to "commissioner" to a reference to "provincial director".

SECTION 25: [Young Offenders (British Columbia) Act, amends

section 12] changes a

reference to "youth containment centre" to a reference to "youth custody

centre".

SECTION 26: [Young Offenders (British Columbia) Act, amends

section 14] changes a

reference to "commissioner" to a reference to "provincial director".

SECTION 27: [Young Offenders (British Columbia) Act, amends

section 21]

changes a reference to "commissioner" to a reference to "provincial

director";

changes a reference to "youth containment centre" to a reference to "youth

custody centre".

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