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c) Queen's Printer,

Victoria, British Columbia, Canada

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Disclaimer

2003 Legislative Session: 4th Session, 37th Parliament

FOR REPORT

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Certified correct as amended in Committee of the Whole on the

5th day of November, 2003

Ian D. Izard, Law Clerk

HONOURABLE GEOFF PLANT

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR TREATY NEGOTIATIONS

BILL 63 – 2003

YOUTH JUSTICE ACT

Contents

Section

Definitions

Part 1 – Offence Proceedings Against Young Persons

No proceedings against a child

Application of this Part

Application of other legislation

Notice to parents

Pretrial examination and report

Pre-sentence report

Sentence

Effective date of sentence

Sentence – conditional discharge or probation order

Sentence – fines

Sentence – community work

Sentence – custody

Sentence – driving prohibition

Review of sentence by court

Transfer of sentence

Offence of failing to comply with sentence

Appeals

Proof of age

Effect of proceedings if age incorrectly presumed

Destruction of documents

Notices

Forms

Part 2 – Youth Probation Officers and Youth Justice Staff

Youth probation officers and other officers and employees

Powers and duties of youth probation officers

Protection of officials in duties

Compulsory retirement

Part 3 – Youth Justice Programs

Programs for young persons

Part 4 – Youth Custody

Division 1 – Receiving and Moving Young Persons in Custody

Certificate of health on receipt at youth custody centre

Care of youth admitted to custody centre

Receiving and moving young persons in custody

Detention agreements

Division 2 – Contraband, Trespassing and Seizure

Contraband and trespassing offences

Powers of seizure and disposition of things seized

Division 3 – Reintegration Leave, Day Absences and Employment

Reintegration leave and day absences

Wages for employment

Division 4 – Inspection and Investigation

Inspection of youth custody centres

Investigations

Offence of obstructing inspections and investigations

Division 5 – Unlawfully At Large

When a young person is at large without lawful excuse

Part 5 – General

Complaints process

Delegation of powers, duties and functions

Section 5 of Offence Act does not apply

Power to make regulations

Transitional – Young Offenders (BC) Act records

Transitional – dispositions made under Young Offenders (BC) Act

47-88

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

1 In this Act:

"adult" means a person who has reached 18 years of age;

"contraband" means any of the following:

(

a) an intoxicant;

(

b) if possessed without prior authorization, a weapon, any component of a weapon or ammunition for a weapon, or anything that is designed to kill, injure or disable or is altered so as to be capable of killing, injuring or disabling;

(

c) an explosive or bomb, or any component of an explosive or bomb;

(

d) if possessed without prior authorization, any currency;

(

e) if possessed without prior authorization, tobacco leaves or any products produced from tobacco in any form or for any use;

(

f) if possessed without prior authorization, any other substance or thing that, in the opinion of the person in charge of a youth custody centre, may threaten the management, operation, discipline or security of, or safety of persons in, the youth custody centre;

"correctional centre" has the same meaning as in

the Correction Act ;

"federal Act" means the Youth Criminal Justice Act (Canada);

"federal offence " means an offence as defined by the federal Act;

"offence" means the contravention of an enactment;

"parent" means a person who, in respect of a young person,

(

a) is under a legal duty to support, maintain or care for the young person, or

(

b) has, in law or fact, the custody or control of the young person,

but does not include a person who has the custody or control of the young person only because of proceedings under this Act or the federal Act;

"provincial director " means a provincial director for British Columbia as defined in

section 2 (1) of the federal Act;

"sentence" means,

(

a) in

Part 1, a sentence imposed under

section 8 (2) or (3) and includes an order made on a review under

section 15 (8), and

(

b) in

Part 3 or

Part 4, a sentence referred to in paragraph (

a) or a sentence imposed under the federal Act;

"staff member" means a person holding an appointment under

section 24 (1) and employed in a youth custody centre;

"violation ticket" has the same meaning as in

section

1 of the Offence Act ;

"young person " means a person who has reached 12 years of age but is less than 18 years of age;

"youth custody centre" means a place of custody designated under the federal Act by the Lieutenant Governor in Council or a delegate of the Lieutenant Governor in Council;

"youth probation officer" means a person appointed as a youth probation officer under

section 24 (1) (a).

Part 1 – Offence Proceedings Against Young Persons

No proceedings against a child

2 Despite any other enactment,

(

a) proceedings must not be commenced against a person for, and

(

b) a person must not be found guilty of,

an offence which the person was alleged to have committed when the person was less than 12 years of age.

Application of this

Part

(1) If a young person is alleged to have committed an offence, proceedings may be commenced against the young person as provided in an enactment, and, except as otherwise provided for in this Act, the proceedings must be conducted in accordance with that enactment.

(2) Subsection (1) applies even if the young person becomes an adult

(

a) before or after proceedings have been commenced, or

(

b) during the period of time when the young person is subject to a sentence.

Application of other legislation

(1) If proceedings are commenced respecting an offence alleged to have been committed by a young person, sections 27, 110 to 112, 114 to 116, 118 to 127, 129 and 148 to 151 of the federal Act, and any other provisions of that Act prescribed by the Lieutenant Governor in Council, apply to those proceedings, and sections 57 (2), 68 (a), 79, 88 (2) and 112 of the Offence Act do not apply to those proceedings.

(2) For the purposes of subsection (1), the reference

to "peace officer" in

section 119 (1) (

g) of the federal Act includes a conservation

officer as defined in

section 1 (1) of the Environment Management Act .

(3) If this Part provides that

an Act or

an Act of Canada applies, it applies with the necessary changes and so far as applicable.

Notice to parents

(1) Subject to subsections (2) and (3), if a young person charged with an offence is required by court process to appear in court, the person who issued the process must as soon as possible give to a parent of the young person, if a parent is available, written notice of the charge against the young person and the time and place of the young person's court appearance.

(2) Subsection (1) does not apply if the proceedings in respect of the offence are commenced by means of a violation ticket.

(3) If a young person is arrested and detained in custody until an appearance in court, the officer in charge at the time the young person is detained must as soon as possible give to a parent of the young person, if a parent is available, written or oral notice of the arrest stating the place of detention and the reason for the arrest.

(4) Failure to give the notice required in subsection (1) or (3) does not affect the validity of the proceedings against the young person.

Pretrial examination and report

(1) A prosecutor may request a youth probation officer, or another person or agency designated by a provincial director for the purpose of this section, to examine and report to the prosecutor, before the trial commences, the facts and circumstances of a case in which a young person is charged with or alleged to have committed an offence or a federal offence, including information respecting the young person's background.

(2) Subject to subsection (3), the youth probation officer, person or agency referred to in subsection (1) must, before the trial commences,

(

a) examine the facts and circumstances referred to in subsection (1), and

(

b) submit a report to the prosecutor.

(3) If the case referred to in subsection (1) is one in which the young person is not charged with or alleged to have committed any federal offence, the requirements of subsection (2) do not apply unless the youth probation officer, person or agency has consented to conducting the examination.

(4) A youth probation officer, person or agency referred to in this

section is not a competent or compellable witness in any proceeding before a court respecting any information obtained under this section.

(5) If, after the examination, the youth probation officer, person or agency under this

section is of the opinion that it is in the best interests of the young person and not contrary to the public interest that action other than a prosecution of the young person be taken, the youth probation officer, person or agency must recommend it to the prosecutor.

(6) If a young person is not prosecuted on the recommendation of a youth probation officer, person or agency referred to in this section, the youth probation officer, person or agency may enter into an arrangement with the young person to assist in resolving the young person's conflict with the law.

Pre-sentence report

(1) A court that finds a young person guilty of an offence

(

a) may, if it considers it necessary, and

(

b) must, before making a custody order under

section 8 (2) (e),

require a youth probation officer to provide the court with a pre-sentence report respecting the facts and circumstances of the offence, including information respecting the young person's background.

(2) Despite subsection (1) (b), the court may, with the consent of the prosecutor and the young person or his or her counsel, dispense with a pre-sentence report if the court is satisfied that the report is not necessary.

(3) In requiring a pre-sentence report under subsection (1), the court may specify that the youth probation officer

(

a) give the report orally in person or, if the technology is available and the probation officer consents, by any technological means that allows the court, the parties and the youth probation officer to communicate simultaneously, or

(

b) submit the report in writing.

(4) If the court does not specify under subsection (3) the means or manner in which the pre-sentence report is to be provided, the probation officer may provide the report orally or in writing as the probation officer considers appropriate in the circumstances.

(5) A youth probation officer is not a compellable witness in any proceeding before a court respecting any information obtained under this

section except for purposes of a sentence, a review of a sentence or an appeal of a sentence respecting the specific offence.

Sentence

(1) If a court finds a young person guilty of an offence, the court must impose a sentence consisting of one or more of the orders described under subsection (2) or (3) and no other orders.

(2) The court may do one or more of the following in relation to a young person guilty of an offence:

(

a) direct that the young person be given an absolute discharge or, subject to

section 10, be given a conditional discharge, if

(

i) the offence is not one for which a minimum penalty is required to be imposed on an adult convicted of that offence, and

(ii) the court considers it to be in the best interest of the young person and not contrary to the public interest;

(

b) subject to

section 11, impose on the young person a fine of not more than $1 000 to be paid at the time and on the terms that the court specifies in the order;

(

c) subject to

section 12, order the young person to do all of the following:

(

i) perform community services to a maximum of 240 hours within a specified period of not longer than one year and on terms the court specifies in the order;

(ii) report to and be supervised by a provincial director or another person designated by the court for this purpose;

(

d) subject to

section 10, order the young person to be placed on probation for a specified period of not longer than 6 months;

(

e) subject to

section 13, commit the young person to custody for a specified period of not more than 30 days if the offence is

(

i) under

section 17 (1) [failure to comply with a

youth sentence] or 33 (a), (b), (

c) or (d) [contraband in or trespass

of a youth custody centre] of this Act,

(ii) under

section 21 (a), (b), (

c) or (

d) of the Correction

Act [contraband in or trespass of a correctional centre] ,

(iii) under

section 17 (1) of the Mental Health Act

[unlawfully assists, aids or counsels a patient in leaving a mental health

facility] , or

(iv) under the Motor Vehicle

Act and is one for which a minimum period of imprisonment is required to be

imposed on an adult convicted of that offence, or

(

v) under

section 177 (3) of the School Act as

it relates to a contravention of

section 177 (2) of that Act [trespassing

on school grounds] ;

(

f) subject to

section 13, commit the young person to custody for a specified period of not more than 90 days if the offence is

(

i) under

section 102 (1) (

a) or (

e) of the Child,

Family and Community Services Act [contravening protective intervention

orders or restraining orders] , or

(ii) under

section 95 (1), 102 or 234 (1) of the Motor

Vehicle Act [driving while prohibited or suspended] ;

(

g) subject to subsection (4) and

section 14, if the

offence is under the Motor Vehicle Act , prohibit the young person

from driving a motor vehicle for a specified period.

(3) Subject to

section 14, if the young person is found

guilty of an offence under

section 100 of the Motor Vehicle Act , the

court must make an order prohibiting the young person from driving a motor vehicle

for a period of 2 years.

(4) If a young person is found guilty of an offence under

section 83 of the Motor Vehicle Act , the court must not prohibit the

person from driving a motor vehicle under subsection (2) (

g) of this section.

(5) The court must not impose a sentence that results in punishment being imposed on a young person that is greater than the maximum punishment that could be imposed on an adult convicted of the same offence.

(6) Section 730 of the Criminal Code applies to an absolute or conditional discharge order made under this Act.

Effective date of sentence

(1) Subject to this section, a sentence is effective on the date on which it is imposed by the court.

(2) If a young person in respect of whom an order under

section 8 (2) (

c) or (d) [community service or probation] is made is

already committed to custody to be served continuously, either under the federal

Act or this Act, the order is effective on the date the period of custody expires.

Sentence – conditional discharge or probation order

(1) In an order for a conditional discharge under

section 8 (2) (

a) or a probation order under

section 8 (2) (d), the court

(

a) must require the young person to

(

i) keep the peace and be of good behavior, and

(ii) appear before the court when required by the court to do so, and

(

b) may require the young person to do one or more of the following that the court considers appropriate in the circumstances:

(

i) report to and be under the supervision of a youth probation officer or other person designated by the court;

(ii) notify the court, the provincial director or a youth probation officer assigned to the young person's case of a change in the young person's address or a change in the young person's place of employment, education or training;

(iii) remain within British Columbia;

(iv) make reasonable efforts to obtain and maintain suitable employment;

(

v) attend a school or other place of education, training or recreation with the prior consent of the officials of the school or place;

(vi) reside with a parent, or with an adult whom the court considers appropriate, who is willing to provide for the care and maintenance of the young person;

(vii) reside in a place the provincial director specifies;

(viii) make restitution to an aggrieved or injured person for the actual loss or damage caused by the commission of the offence;

(ix) comply with any other conditions set out in the order that the court considers appropriate, including conditions for securing the young person's good conduct and for preventing the young person from repeating the offence or committing other offences.

(2) If a young person is required, by an order for a conditional discharge or a probation order, to appear before the court, the court must give a notice to appear, or require that a notice of appearance be given, to the young person.

(3) If a young person does not appear at the time and place named in a notice under subsection (2), the court may issue a warrant to compel the young person's appearance.

Sentence – fines

11 The court may, on an application made without notice to anyone, extend the time for payment of a fine imposed under

section 8 (2) (b).

Sentence – community work

12 The court must not require a young person to perform community services under

section 8 (2) (

c) unless

(

a) the community services are part of a community service program under

section 28 (1) (

b) or are otherwise approved by a provincial director for this purpose, and

(

b) the court considers that

(

i) the young person is a suitable person to perform the community services, and

(ii) the terms of the sentence do not interfere with the normal hours of work or education of the young person.

Sentence – custody

(1) A young person who is committed to custody under

section 8 (2) (

e) or (

f) is committed to custody to be served continuously.

(2) If the court commits a young person to custody under

section 8 (2) (

e) or (f), the court must issue or require the issue of a warrant of committal.

(3) Subject to sections 29 [certificate of health]

and 31 [receiving and moving young persons in custody] , a young person

in custody under a court order must be

(

a) detained in a youth custody centre that the provincial director specifies, and

(

b) held separate and apart from an adult who, as an adult, is charged with or convicted of an offence or a federal offence.

Sentence – driving prohibition

14 If the court makes an order prohibiting a young person from driving a motor vehicle under

section 8 (2) (

g) or (3), the court must order that the prohibition

(

a) continue for the full day of each day of the prohibition, and

(

b) continue for consecutive days.

Review of sentence by court

(1) On the application of a young person, of the young person's parent or of the Attorney General, the court may review the young person's sentence if the court considers such a review to be appropriate in the circumstances.

(2) An application under subsection (1) may be made

(

a) at any time after

(i) 3 months after the date of the sentence, or

(ii) in the case of a sentence of custody under

section 8 (2) (

e) or (f), the greater of the following has been served:

(A) 15 days of the sentence;

(

B) one third of the sentence, or

(

b) with leave of the court, before the times described in paragraph (a) (

i) or (ii).

(3) If the application under subsection (1) is for the review of a prohibition made under

section 8 (2) (

g) or (3) against driving a motor vehicle, the court may review the sentence only if the terms of the sentence are adversely affecting the young person's opportunities to obtain counselling, medical services, education or employment.

(4) Unless otherwise ordered by the court, an applicant who requests a review under subsection (1) must give at least 5 days' written notice of the application to

(

a) the young person,

(

b) the young person's parents, if they are available,

(

c) the Attorney General, by serving the notice on the office of Crown Counsel located nearest to the place where the sentence was made, and

(

d) the provincial director, by serving the notice on

(

i) the office of the youth probation officer who is supervising the young person, or

(ii) the person in charge of the youth custody centre where the young person is held in custody.

(5) The applicant under subsection (4) must use a method of service that provides proof of delivery of the notices under subsection (4) (

c) and (d).

(6) Before reviewing a sentence, the court may require a youth probation officer to make a progress report on the performance of the young person for the period since the sentence was made.

(7) The court may issue a summons or warrant to compel a young person to appear before the court for purposes of the review.

(8) After affording the young person, the young person's parents and the Attorney General an opportunity to be heard on a review, the court may confirm, rescind or vary the sentence or make a new sentence.

(9) If the court varies a sentence or makes a new sentence under subsection (8),

(

a) the court must not make an order which is more onerous than that of the sentence under review, and

(b) sections 8 (2), (4) and (5), 13 and 14 apply.

(10) If a sentence, or the finding of guilt leading to a sentence, is under appeal, the court must not review the sentence until the appeal has been disposed of.

Transfer of sentence

(1) If

(

a) a sentence has been made in respect of a young person, and

(

b) the young person or a parent with whom the young person resides is or becomes a resident of a reciprocating province,

on the application of the Attorney General, of the young person or of the parent, the court may transfer the sentence to the Attorney General in the reciprocating province.

(2) A sentence must not be transferred to a reciprocating province under this

section until

(

a) the time for an appeal against

(

i) the sentence, or

(ii) the finding on which the sentence was based

has expired,

(

b) all proceedings in respect of an appeal, if taken, have been completed, or

(

c) the appeal has been abandoned.

(3) If

(

a) a sentence has been made in respect of a young person by a court in a reciprocating province, and

(

b) a certified copy of the sentence has been transmitted by the proper officer of the reciprocating province to the Attorney General,

the Attorney General must send the certified copy of the sentence for registration to the Provincial Court.

(4) A sentence registered under subsection (3) has the same effect as, and subject to this Act all proceedings may be taken on it as if it had been, a sentence originally obtained in the Provincial Court, and the court has the power to enforce, review and vary the order accordingly.

(5) The Attorney General may, by order, declare a province to be a reciprocating province for purposes of this section.

Offence of failing to comply with sentence

(1) A young person who fails or refuses to comply with a sentence or any term or condition of it, other than a sentence referred to in subsection (2), commits an offence.

(2) A young person who drives a motor vehicle on a highway

or industrial road while the young person is prohibited by a sentence from driving

commits an offence under

section 102 of the Motor Vehicle Act .

Appeals

18 The appeal provisions of the Offence Act apply to this Part.

Proof of age

19 Information recorded anywhere on a violation ticket respecting the age of the person alleged to have committed an offence is proof of the age of the person.

Effect of proceedings if age incorrectly presumed

(1) If

(

a) proceedings are commenced against a person who is alleged to have been a young person at the time the offence was committed, and

(

b) it is determined, at any time before a sentence is rendered in the matter, that the person against whom the charge was brought was not a young person at the time of the alleged offence,

the proceedings must be

(

c) dismissed if the person is determined to have been less than 12 years of age at the relevant time, or

(

d) continued if the person is determined to have been an adult at the relevant time, except that this Part no longer applies to the proceedings.

(2) Proceedings continued under subsection (1) (

d) are valid even though the matter was dealt with under this Part before the person's age was determined.

(3) If

(

a) proceedings are commenced against a person who was not alleged to have been a young person at the time the offence was committed, and

(

b) it is determined, at any time before a sentence is rendered in the matter, that the person against whom the charge was brought was a young person at the time of the alleged offence,

the proceedings must be continued, except that they must be continued under this Part.

(4) Proceedings continued under subsection (3) are valid even though the matter was not dealt with under this Part before the person's age was determined.

Destruction of documents

21 Despite the Document Disposal Act ,

records created or maintained under this

Part in respect of an offence committed

by a young person may be destroyed after the expiration of

(

a) a sentence made in respect of that specific offence, or

(

b) if the Lieutenant Governor in Council prescribes another period of time, that prescribed period.

Notices

22 A notice required to be given under

section 5 (1) or 10 (2) may be given by registered mail or any other method of service that provides proof of delivery.

Forms

(1) If forms are not prescribed under

section 44 (2) (

a) of this Act, the forms set out in the Offence Act, the federal Act and in

Part XXVIII of the Criminal Code may be used with modifications that the circumstances require for the purposes of this Part.

(2) If varied to suit specific circumstances, prescribed forms or forms used under subsection (1) are valid in the circumstances for which they are provided.

Part 2 – Youth Probation Officers and Youth Justice Staff

Youth probation officers and other officers and employees

(1) The minister may appoint

(

a) persons, or persons within a class of persons, to be youth probation officers, and

(

b) other officers and employees the minister considers necessary to exercise powers and perform duties under this Act and the federal Act.

(2) In an appointment under subsection (1), the minister may

(

a) limit the powers and duties that a person, officer or employee may exercise under this Act or the federal Act, and

(3) Persons, officers and employees appointed to exercise powers and perform duties under this Act or the federal Act are peace officers while exercising those powers and performing those duties.

Powers and duties of youth probation officers

(

a) is a youth probation officer for all of British Columbia,

(

b) is an officer of every court in British Columbia,

(

c) is designated a youth worker for purposes of the Youth Criminal Justice Act (Canada),

(

d) must prepare reports for the court as the court may order,

(

e) has power to procure and report information for the court in respect of a young person, and

(

f) has the additional powers prescribed by regulation under

section 44 (2) (d).

Protection of officials in duties

Section 24 of the Correction Act applies for the purposes of persons appointed by the minister under

section 24 (1) of this Act in carrying out their duties under this Act or a rule or regulation made under it.

Compulsory retirement

27 Despite the Public Service Act or any other Act, the Lieutenant Governor in Council may prescribe the compulsory retirement age for a person holding appointment under

section 24 (1) (

a) or (

b) of this Act and employed in a youth custody centre.

Part 3 – Youth Justice Programs

Programs for young persons

(1) The minister may establish programs or services for or related to young persons, including but not limited to one or more of the following:

(

a) an alternative measures or extrajudicial sanctions program;

(

b) a community service program;

(

c) a restitution or compensation program;

(

d) a victim and offender mediation or reconciliation program;

(

e) a day or residential attendance program;

(

f) a community supervision program;

(

g) an intensive support and supervision program;

(

h) a pretrial bail supervision or hostel program;

(

i) a pretrial detention program;

(

j) an open or secure custody program;

(

k) a youth custody incentive or monetary program;

(

l) any other program or service that provides for the administration and supervision of young persons who are subject to sentences.

(2) The Labour Relations Code, the Public Service Labour Relations Act and the Employment Standards Act do not apply to young persons in respect of or due to their participation in any program or service under this Act.

(3) Subject to

section 37 [inspection of youth custody

centres] , the minister may provide for the inspection of the programs and

services referred to in subsection (1) on a periodic basis that the minister

considers appropriate in the circumstances.

(4) For the purpose of inspections under subsection (3),

section 37 applies with all the necessary changes.

Part 4 – Youth Custody

Division 1 – Receiving and Moving Young Persons in Custody

Certificate of health on receipt at youth custody centre

(1) The person in charge of a youth custody centre is not required to accept a young person into custody under a warrant of committal unless a certificate of a medical practitioner certifies for that young person all of the following:

(

a) the state of health of the young person;

(

b) that the young person is fit for transfer;

(

c) that the young person is free from infectious or contagious disease.

(2) A young person sentenced to custody in, or ordered by competent authority to be conveyed to, a youth custody centre from any other jail, prison or lockup may remain and be kept in lawful custody, in the jail, prison or lockup from which the young person was sentenced or ordered to be conveyed, until the certificate of health required by this

section has been provided.

Care of youth admitted to custody centre

30 A young person who is admitted to a youth custody centre is subject to the care, control and custody of the government, and all rights and powers of care, control and custody of a parent or guardian over the young person cease until that young person is released on completion of his or her term of custody under the court order.

Receiving and moving young persons in custody

(1) Each youth custody centre may receive young persons from any part of British Columbia.

(2) A provincial director may, during a young person's period of custody, transfer the young person from one youth custody centre to another.

(3) If a young person committed to custody under

section 8 (2) (

e) or (

f) becomes an adult, a provincial director may transfer the person to a correctional centre to serve his or her custody order or any balance of it.

Detention agreements

(1) On behalf of the government, the minister may enter into an agreement with a municipality, for the detention in a youth custody centre of persons whose detention is chargeable to the municipality, on terms for reimbursement of expenses as may be mutually agreeable.

(2) Agreements similar to those authorized under subsection (1) may be made for reimbursing municipalities for the expenses of detention in a municipal lockup of persons from in or outside the municipality whose detention is chargeable to the government.

(3) All persons lawfully acting under any agreement referred to in subsection (1) or (2) have full authority to detain persons and are empowered to do so.

(4) Lockups and other institutions used for the purpose of agreements made under this

section are places of detention for the purposes and localities specified in the agreement.

Division 2 – Contraband, Trespassing and Seizure

Contraband and trespassing offences

33 A person commits an offence who

(

a) is in possession of contraband beyond the visitor control point in a youth custody centre,

(

b) is in possession of anything referred to in paragraph (

b) or (

c) of the definition of "contraband" before the visitor control point at a youth custody centre,

(

c) delivers contraband to, or receives contraband from, a young person in custody at a youth custody centre, or

(

d) trespasses on the grounds, buildings or other premises belonging or related to a youth custody centre.

Powers of seizure and disposition of things seized

(1) In this section, "relevant proceedings" means a trial, inquiry or other proceeding in which an object or thing seized under subsection (2) may be required.

(2) A staff member may seize contraband or evidence relating

to an offence under

section 33 [contraband or trespassing] .

(3) Section 23 (4) of the Offence Act does not apply to any object or substance seized under subsection (2) of this section, unless subsection (5) of this

section applies.

(4) As soon as practicable after an object or a substance is seized under subsection (2),

(

a) a record must be made describing the object or substance and the circumstances in which it was seized, and

(

b) the object or substance must be deposited in a secure place at the youth custody centre.

(5) The person in charge of the youth custody centre may transfer to the custody of the police or a court any object or substance referred to in subsection (2) that is required as evidence in a relevant proceeding.

(6) An object or a substance seized under subsection (2) must be returned to its owner if

(

a) it is not required as evidence in a relevant proceeding and it is in the custody or control of the minister,

(

b) it has not been forfeited under subsection (8),

(

c) within 30 days after being notified of its seizure, the owner requests its return,

(

d) possession of it would be lawful, and

(

e) in the case of an owner who is a young person in custody, possession of it by the young person would not constitute possession of contraband or an unauthorized object or substance.

(7) If an object or a substance is seized from a young person in custody under subsection (2) and it constitutes contraband or an unauthorized object or substance but its possession outside the youth custody centre would otherwise be lawful, the person in charge of the youth custody centre may direct that

(

a) the object or substance be kept in a secure place at the youth custody centre and returned to the young person on his or her release from custody, or

(

b) the young person be given a reasonable opportunity to make arrangements for the disposal, or safekeeping outside the youth custody centre, of the object or substance.

(8) An object or substance referred to in subsection (2) is forfeited to the government if

(

a) the owner cannot be located and 6 months have passed since the seizure,

(

b) within 30 days after being notified of its seizure, the owner does not apply for its return,

(

c) possession of it would be unlawful, or

(

d) in the case of an owner who is a young person in custody,

(

i) possession of it by the young person would constitute possession of contraband or an unauthorized object or substance,

(ii) the person in charge of the youth custody centre has not made a direction under subsection (7) (a), and

(iii) the young person has not arranged for the disposal or safekeeping of the object or substance outside the youth custody centre after being given a reasonable opportunity to do so in accordance with subsection (7) (b).

Division 3 – Reintegration Leave, Day Absences and Employment

Reintegration leave and day absences

(1) This

section applies only in respect of young persons in a youth custody centre who are committed to custody under

section 8 (2) (

e) or (f).

(2) A provincial director may, subject to any terms or conditions that the provincial director considers desirable, authorize any of the following for a young person:

(

a) a reintegration leave from the youth custody centre for a period not exceeding 15 days if, in the opinion of the provincial director, it is necessary or desirable that the young person be absent for

(

i) medical, compassionate or humanitarian reasons, or

(ii) the purpose of rehabilitating the young person or reintegrating the young person into the community;

(

b) that the young person be released from the youth custody centre, on the days and during the hours that the provincial director specifies, so that the young person may

(

i) attend school or any other educational or training institution,

(ii) obtain or continue employment or perform domestic or other duties required by the young person's family,

(iii) participate in a program specified by the provincial director that, in the provincial director's opinion, will enable the young person to better carry out employment or improve his or her education or training, or

(iv) attend an outpatient treatment program or other program that provides services that are suitable to addressing the young person's needs.

(3) A reintegration leave authorized under subsection (2) (

a) may be

(

a) with or without escort, as the provincial director considers advisable, and

(

b) renewed one or more times by a provincial director

(

i) on reassessment of the case each time, and

(ii) for periods not exceeding 15 days each time.

(4) A renewed reintegration leave may be consecutive to the previous reintegration leave provided that the provincial director reassesses the case before the renewed reintegration leave begins.

(5) A young person on reintegration leave or released from custody under this

section is subject to

(

a) the rules, regulations and discipline of the youth custody centre, so far as applicable, and

(6) A street, highway or place, public or private, along or across which a young person may pass in going to or returning from work, duty or other absence authorized under this section, and every place where a young person may be under this section, must be considered a portion of a youth custody centre for the purposes of this Act.

(7) A provincial director may, at any time, revoke an authorization made under subsection (2).

Wages for employment

(1) If a provincial director authorizes a young person's absence from a youth custody centre in order to be gainfully employed for wages, the provincial director may require

(

a) the employer of the young person to forward the total amount owed to the young person, less deductions required by law, to the person in charge of the youth custody centre, and

(

b) that any wages earned by the young person from this employment be applied in the manner set out in subsection (2) (

a) and (b).

(2) The person in charge of the youth custody centre must do the following:

(

a) subject to receiving the approval of a provincial director, disburse the money received under subsection (1) in the following order of priority:

(

i) the maintenance and support of the young person's dependants in sums the provincial director may direct;

(ii) the actual cost of travel expenses and meals for the young person;

(iii) the cost of the young person's keep at the youth custody centre;

(iv) any other expense that the provincial director considers is in the best interest of the young person or the dependants of the young person;

(

b) credit any balance remaining to the account of the young person to be paid to the young person when the young person is released on completion of the term of custody under the court order;

(

c) keep proper records of money received and disbursed under this

section and account to the young person when the young person is released on completion of the term of custody under the court order.

(3) Despite subsection (2) (

a) and (

b) but subject to receiving the approval of a provincial director, the person in charge of the youth custody centre may waive the requirement to disburse, or vary the manner of disbursing, the earnings of the young person received by the person in charge of the youth custody centre in any way that the person in charge considers necessary for the benefit of

(

a) the young person, or

(

b) the dependants of the young person.

Division 4 – Inspection and Investigation

Inspection of youth custody centres

(1) The minister must provide for the inspection of each youth custody centre on a periodic basis that the minister considers appropriate in the circumstances.

(2) The minister or any person conducting an inspection under this

section may at any time

(

a) enter a youth custody centre, and

(

b) access any part of the youth custody centre.

(3) The minister or person conducting the inspection may do one or more of the following:

(

a) examine any record or thing in the youth custody centre;

(

b) investigate the conduct of any person employed in or about the youth custody centre, or of any person found within its precincts;

(

c) by order signed by the minister or person conducting the inspection, summon a person before the minister or person conducting the inspection;

(

d) examine under oath the person summoned under paragraph (

c) about any matter relating to

(

i) any contravention of this Act, the regulations or the rules of the youth custody centre, or

(ii) any matter affecting the interests of the youth custody centre;

(

e) by order signed by the minister or person conducting the inspection, compel the production of any record or thing before the minister or person conducting the inspection.

(4) A person may be taken into custody under a warrant signed by the minister if the person, after being served with a copy of an order under subsection (3) (

c) or (e),

(

a) does not appear at the time and place specified in the order, or

(

b) refuses to give evidence or fails to produce any record or thing demanded of the person in the order.

(5) On the order of a judge of the Supreme Court summarily made, on complaint of the Attorney General, a person taken into custody under subsection (4) may be imprisoned, as for contempt, for a period not longer than 14 days.

Investigations

(1) On the basis of a complaint or otherwise, the minister may investigate, or appoint a person to investigate, any matter related to this Act.

(2) The minister and any person appointed by the minister

to conduct an investigation under this

section has, for the purposes of the

investigation, all the powers, privileges and protections of a commissioner

under sections 12, 15 and 16 of the Inquiry Act , and is entitled

access at any time to

(

a) any part of a youth custody centre and any young person held there,

(

b) any youth probation officer or any person employed or volunteering services at a youth custody centre,

(

c) any facility or place where a program or service established under

section 28 is administered or provided,

(

d) any person employed or volunteering services at a facility or place referred to in paragraph (c), and

(

e) any record under the custody and control of the ministry or of a youth probation officer or person referred to in paragraphs (

b) and (d).

Offence of obstructing inspections and investigations

(1) A person must not obstruct, impede or refuse to admit the minister or a person conducting an inspection under

section 37 or a person appointed to conduct an investigation under

section 38.

(2) A person must not aid or assist a person in obstructing, impeding or refusing to admit the minister or a person conducting an inspection under

section 37 or a person appointed to conduct an investigation under

section 38.

(3) A person who contravenes subsection (1) or (2) commits an offence.

Division 5 – Unlawfully At Large

When a young person is at large without lawful excuse

(1) A peace officer or a person in charge of a youth custody centre who believes on reasonable grounds that a young person admitted to a youth custody centre

(

a) has left or is away from the youth custody centre without the consent of the person in charge and fails or refuses to return there,

(

b) fails or refuses to return to the youth custody centre on

(

i) completion of a reintegration leave or a release from custody under

section 35, or

(ii) revocation of a reintegration leave under

section 35 (7), or

(

c) fails or refuses to comply with any term or condition of a reintegration leave or a release from custody under

section 35,

may arrest the young person with or without a warrant and return the young person, or arrange for the young person to be returned, to custody.

(2) A young person described in subsection (1) (

a) or (

b) is deemed to be at large without lawful excuse.

Part 5 – General

Complaints process

(1) The minister must establish a process for receiving and investigating complaints from

(

a) a young person who is, under this Act or the federal Act, subject to any form of court ordered custody or supervision, or

(

b) a parent of a young person described in paragraph (a).

(2) A person, officer or employee appointed to exercise powers and perform duties under this Act must comply with the complaints process established by the minister.

Delegation of powers, duties and functions

(2) If a provincial director or person in charge of a youth custody centre has made a delegation of a power, duty or function, a reference to a provincial director or person in charge of a youth custody centre in relation to that power, duty or function includes the delegate.

Section 5 of Offence Act does not apply

Section 5 of the Offence Act does not apply to this Act.

Power to make 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) prescribing forms for the purposes of

Part 1;

(

b) prescribing periods of time for the purposes of

section 21;

(

c) establishing qualification standards for youth probation officers;

(

d) providing for additional powers, responsibilities and duties that may be assigned by the minister to a youth probation officer;

(

e) providing for the management, operation, discipline and security of youth custody centres;

(

f) prescribing the duties of any person employed in or about a youth custody centre;

(

g) respecting the information that may be provided in a report under

section 6 or 7;

(

h) respecting the diet, clothing, accommodation, maintenance, employment, training, education and discipline of young persons in a youth custody centre;

(

i) governing young persons on reintegration leave or released from custody under

section 35;

(

j) respecting the separate confinement of young persons in youth custody centres;

(

k) respecting the use of force and restraining devices or equipment in youth custody centres;

(

l) providing for the interception, monitoring or recording of communications in youth custody centres;

(

m) delegating authority to a person in charge of a youth custody centre to make rules governing the conduct of young persons in custody at the youth custody centre;

(

n) establishing and providing for sanctions for the contravention of a rule referred to in paragraph (m);

(

o) governing visits to young persons in youth custody centres;

(

p) respecting the disposal of unclaimed property abandoned by a young person at a youth custody centre, including, without limitation, providing for the forfeiture of the property to the government.

Transitional Provisions

Transitional – Young Offenders (BC) Act records

(1) Despite the Document Disposal Act ,

records that were created or maintained in respect of an offence committed

by a young person under the Young Offenders (British Columbia) Act ,

as it read before its repeal by this Act, may be destroyed after the expiration

(

a) the disposition made in respect of that specific offence, or

(

b) if the Lieutenant Governor in Council prescribes another period of time for the purposes of

section 21 of this Act, that prescribed period.

(2) Section 4 applies in respect of records referred to in subsection (1) of this section.

Transitional – dispositions made under Young Offenders (BC) Act

46 Sections 15 to 18 of this Act apply in respect

of dispositions made under the Young Offenders (British Columbia) Act ,

as it read before its repeal by this Act.

Consequential and Related Amendments

Child, Family and Community Service Act

Section 79 (

c) of the Child, Family and Community Service Act,

R.S.B.C. 1996, c. 46, is repealed and the following substituted:

(

c) authorized by the Youth Criminal Justice Act (Canada),

Community Care and Assisted Living Act

Section 2 (

f) of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, is repealed and the following substituted:

(

f) a correctional centre or youth custody centre; .

Community Care Facility Act

Section 1 of the Community Care Facility Act, R.S.B.C. 1996,

c. 60, is amended by repealing paragraph (

g) of the definition of "community

care facility" and substituting the following:

(

g) a correctional centre or youth custody centre; .

Coroners Act

Section 9 of the Coroners Act, R.S.B.C. 1996, c. 72, is amended

(

a) by repealing subsection (1) (

g) and substituting the following:

(

g) in a correctional centre, youth custody centre or

penitentiary or a police prison or lockup. , and

(

b) by repealing subsection (2) (b) (ii) and substituting the following:

(ii) committed to a correctional centre, youth custody centre or penitentiary or a police prison or lockup.

Correction Act

Section 1 of the Correction Act, R.S.B.C. 1996, c. 74, is amended

(

a) by adding the following

definitions:

"contraband" means any of the following:

(

a) an intoxicant;

(

b) if possessed without prior authorization, a weapon, any component of a weapon or ammunition for a weapon, or anything that is designed to kill, injure or disable or is altered so as to be capable of killing, injuring or disabling;

(

c) an explosive or bomb, or any component of an explosive or bomb;

(

d) if possessed without prior authorization, any currency;

(

e) if possessed without prior authorization, tobacco leaves or any products produced from tobacco in any form or for any use;

(

f) if possessed without prior authorization, any other substance or thing that, in the opinion of the person in charge of a correctional centre, may threaten the management, operation, discipline or security of, or safety of persons in, the correctional centre;

"staff member" means a person holding an appointment

under

section 3 (1) and employed in a correctional centre and includes a person

providing a service in a correctional centre under a contract with the minister;

(

b) in the definition of "correctional centre" by adding the following paragraph:

(

d) a youth custody centre; ,

(

c) in the definition of "work program" by striking out "or

young persons" , and

(

d) by repealing the

definitions of "young person" and "youth custody centre" .

52 Sections 5 (3), 6, 14 (4), 25 to 30 and 32 are repealed.

53 Sections 9, 14 (1) and (2) and 18 (3) to (7) are amended by

striking out "or youth custody centre" wherever it appears.

54 Sections 14 (1) and (2) and 18 (2) and (3) are amended by striking

out "or young person" wherever it appears.

Section 16 (2) is amended by striking out "and young

persons" .

Section 18 is amended

(

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

(1) If the minister authorizes an inmate's absence from

a correctional centre in order to be gainfully employed for wages, the minister

may require that any wages earned by the inmate from this employment be applied

in the manner set out in subsections (4) and (5). ,

(

b) in subsections (3) (a), (4) (

b) and (

d) and (5) to (7) by striking

out "or the young person" wherever it appears, and

(

c) in subsection (4) (

a) by striking out "or young person's" .

57 Sections 20 and 21 are repealed and the following substituted:

Regulation outside correctional centre

(1) A street, highway or place, public or private, along or across which an inmate may pass in going to or returning from work, duty or other absence authorized under

section 14 or 15, and every place where an inmate may be, under those sections, must, while so used by an inmate, be considered a portion of a correctional centre for the purposes of this Act.

(2) If an inmate whose absence from a correctional centre is authorized under

section 14 or 15 fails to return to the correctional centre when instructed to do so, the inmate is deemed to be at large without lawful excuse and may be apprehended with or without a warrant by a peace officer and returned to custody.

Contraband and trespassing

21 A person commits an offence who

(

a) is in possession of contraband beyond the visitor control point in a correctional centre,

(

b) is in possession of anything referred to in paragraph (

b) or (

c) of the definition of "contraband" before the visitor control point at a correctional centre,

(

c) delivers contraband to, or receives contraband from, an inmate at a correctional centre, or

(

d) trespasses on the grounds, buildings or other premises belonging or related to a correctional centre.

Powers of seizure and disposition of things seized

21.1

(1) In this section, "relevant proceedings" means a trial, inquiry or other proceeding in which an object or thing seized under subsection (2) may be required.

(2) A staff member may seize contraband or evidence relating to an offence under

section 21.

(3) Section 23 (4) of the Offence Act does not apply to any object or substance seized under subsection (2) of this section, unless subsection (5) of this

section applies.

(4) As soon as practicable after an object or a substance is seized under subsection (2),

(

a) a record must be made describing the object or substance and the circumstances in which it was seized, and

(

b) the object or substance must be deposited in a secure place at the correctional centre.

(5) The person in charge of the correctional centre may transfer to the custody of the police or a court any object or substance referred to in subsection (2) that is required as evidence in a relevant proceeding other than a hearing referred to in

section 35 (2) (s).

(6) An object or a substance seized under subsection (2) must be returned to its owner if

(

a) it is not required as evidence in a relevant proceeding and it is in the custody or control of the minister,

(

b) it has not been forfeited under subsection (8),

(

c) within 30 days after being notified of its seizure, the owner requests its return,

(

d) possession of it would be lawful, and

(

e) in the case of an owner who is an inmate, possession of it by the inmate would not constitute possession of contraband or an unauthorized object or substance.

(7) Subject to subsection (8) (e), if an object or a substance is seized from an inmate under subsection (2) and it constitutes contraband or an unauthorized object or substance but its possession outside the correctional centre would otherwise be lawful, the person in charge of the correctional centre may direct that

(

a) the object or substance be kept in a secure place at the correctional centre and returned to the inmate on his or her release from custody, or

(

b) the inmate be given a reasonable opportunity to make arrangements for the disposal, or safekeeping outside the correctional centre, of the object or substance.

(8) An object or substance referred to in subsection (2) is forfeited to the government if

(

a) the owner cannot be located and 6 months have passed since the seizure,

(

b) within 30 days after being notified of its seizure, the owner does not apply for its return,

(

c) possession of it would be unlawful,

(

d) in the case of an owner who is an inmate,

(

i) possession of it by the inmate would constitute possession of contraband or an unauthorized object or substance,

(ii) the person in charge of the correctional centre has not made a direction under subsection (7) (a), and

(iii) the inmate has not arranged for the disposal or safekeeping of the object or substance outside the correctional centre after being given a reasonable opportunity to do so in accordance with subsection (7) (b), or

(

e) the object or substance is contraband and the inmate is found guilty of a disciplinary infraction in relation to it.

Section 34 (1) (

d) is repealed and the following substituted:

(

d) must investigate complaints about the administration of this Act as it affects the complainant, on receiving a written complaint from

(

i) an inmate, or

(ii) a person on probation under this Act or on parole

under the Parole Act , .

Section 35 is amended

(

a) in subsection (2) (

d) by striking out "and youth custody

centres" ,

(

b) by repealing subsection (2) (

k) to (

m) and substituting the following:

(

k) respecting the separate confinement or segregation of inmates;

(

l) respecting the use of force and restraining devices or equipment in correctional centres;

(

m) providing for the interception, monitoring or recording

of communications in correctional centres; ,

(

c) in subsection (2) by adding the following:

(

p) establishing rules governing the conduct of inmates in a correctional centre;

(

q) delegating authority to a person in charge of a correctional centre to make rules governing the conduct of inmates in the correctional centre;

(

r) providing that an inmate's contravention of a rule referred to in paragraph (

p) or (

q) constitutes a disciplinary offence;

(

s) respecting hearings in relation to alleged disciplinary offences;

(

t) establishing and providing for sanctions for the contravention of a rule referred to in paragraph (

p) or (q);

(

u) governing visits to inmates in correctional centres;

(

v) respecting the disposal of unclaimed property abandoned by an inmate at a correctional centre, including, without limitation, providing for the forfeiture of the property to the government;

(

w) respecting the diet, clothing, accommodation, maintenance,

employment, training and discipline of inmates. , and

(

d) in subsection (3) by striking out "(

d) to (l)" .

Criminal Records Review Act

Section 1 of the Criminal Records Review Act, R.S.B.C. 1996,

c. 86, is amended in the definition of "conviction" by striking out "a

disposition under the Young Offenders Act (Canada)" and substituting

"a disposition made before April 1, 2003 under the Young Offenders

Act (Canada) as it then was, a sentence under the Youth Criminal Justice

Act (Canada)" .

Section 6 (2) is repealed and the following substituted:

(2) If the registrar, the deputy registrar or any other person is required to disclose any of the following information to an employer, governing body or other person under this Act, that information must be disclosed only in accordance with the provisions of the Youth Criminal Justice Act (Canada):

(

a) a sentence under the Youth Criminal Justice Act (Canada);

(

b) a disposition made before April 1, 2003 under the Young Offenders Act (Canada) as it then was;

(

c) any other information contained in youth records under those Acts.

Insurance (Motor Vehicle) Act

62 The definition of "convicted" in

section 30.1 (1) of

the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231, is amended

(

a) in paragraph (

a) by striking out "convicted under the Young

Offenders Act (Canada) for contravening" and substituting "being

found guilty, whether under the Youth Criminal Justice Act (Canada) or,

before April 1, 2003, under the Young Offenders Act (Canada), as it then

was, of contravening" , and

(

b) in paragraph (

b) by striking out "the Young Offenders

Act (Canada)" and substituting "the Youth Criminal Justice

Act (Canada)" .

Interpretation Act

Section 29 of the

Interpretation Act, R.S.B.C. 1996, c. 238,

is amended

(

a) in paragraph (

b) of the definition of "peace officer" by

striking out "prison or correctional centre," and substituting

"prison, correctional centre or youth custody centre," , and

(

b) by adding the following definition:

"youth custody centre" means a youth custody centre

as defined in the Youth Justice Act .

Mental Health Act

Section 29 of the Mental Health Act, R.S.B.C. 1996, c. 288,

is amended

(

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

(1) On receiving 2 medical certificates completed in accordance with

section 22 concerning the mental condition of a person imprisoned or detained in

(

a) a correctional centre,

(

b) a youth custody centre, or

(

c) a prison or lockup operated by a police force or

police department or by a designated policing unit or designated law enforcement

unit, as those terms are defined in

section 1 of the Police Act ,

the Lieutenant Governor in Council may order the removal

of the person to a Provincial mental health facility. , and

(

b) by repealing subsection (4) and substituting the following:

(4) On receiving 2 medical certificates completed in accordance with

section 22 concerning the mental condition of a person imprisoned or detained in

(

a) a correctional centre,

(

b) a youth custody centre, or

(

c) a prison or lockup operated by a police force or

police department or by a designated policing unit or designated law enforcement

unit, as those terms are defined in

section 1 of the Police Act ,

the person in charge of the correctional centre, youth custody centre, prison or lockup may authorize the transfer of the person to a Provincial mental health facility.

Motor Vehicle Act

65 The Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended

(

a) by repealing

section 26 (1) (

d) and substituting the following:

(

d) is prohibited from driving a motor vehicle

(

i) under this Act, the Youth Justice Act , the

Youth Criminal Justice Act (Canada) or the Criminal Code ,

(ii) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(iii) before the date on which the Youth Justice Act

comes into force, under the Young Offenders (British Columbia) Act ,

as it then was, or , and

(

b) in

section 26 (1) (d) (iii), as enacted by this Act, by striking

out "as it then was, or" and substituting "as it then

was."

Section 30 is repealed and the following substituted:

No refund for driver's licence fee

30 There must be no refund of any portion of the fee prescribed for issuing a driver's licence if

(

a) the driver's licence is

(

i) voluntarily surrendered, or

(ii) suspended, or

(

b) the person to whom the licence is issued is prohibited from driving a motor vehicle

(

i) under this Act, the Youth Justice Act ,

the Youth Criminal Justice Act (Canada) or the Criminal Code ,

(ii) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(iii) before the date on which the Youth Justice Act

comes into force, under the Young Offenders (British Columbia) Act , as

it then was.

Section 60 (1) (

c) is repealed and the following substituted:

(

c) expires on an earlier date because the holder of a driver's licence is prohibited from driving a motor vehicle

(

i) under this Act, the Youth Justice Act ,

the Youth Criminal Justice Act (Canada) or the Criminal Code ,

(ii) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(iii) before the date on which the Youth Justice Act

comes into force, under the Young Offenders (British Columbia) Act , as

it then was.

Section 89 is repealed and the following substituted:

Interpretation

89 A person's driver's licence and his or her right to apply for or obtain a driver's licence are deemed to be suspended if the person is prohibited from driving a motor vehicle

(

a) under this Act, the Youth Justice Act ,

the Youth Criminal Justice Act (Canada) or the Criminal Code ,

(

b) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(

c) before the date on which the Youth Justice Act

comes into force, under the Young Offenders (British Columbia) Act ,

as it then was.

Section 96 (2) is repealed and the following substituted:

(2) A person must immediately surrender his or her driver's licence, or any document issued in another jurisdiction that allows him or her to drive a motor vehicle, to the justice, court clerk or sheriff for forwarding to the Insurance Corporation of British Columbia if the person is prohibited from driving a motor vehicle

(

a) under

section 98, 99 or 100 of this Act, the Youth

Justice Act , the Youth Criminal Justice Act (Canada) or the Criminal

Code ,

(

b) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(

c) before the date on which the Youth Justice Act

comes into force, under the Young Offenders (British Columbia) Act ,

as it then was.

Section 99 (2) is amended by striking out "or the date

a court makes a disposition under the Young Offenders Act (Canada) or

the Young Offenders (British Columbia) Act ." and substituting "or

the date a court imposes a sentence under the Youth Criminal Justice Act

(Canada) or the Youth Justice Act ."

Section 101 (1) is amended by repealing the definition of "prohibition"

and substituting the following:

"prohibition" means a prohibition on a person from driving a motor vehicle, imposed

(

a) by or under

section 98, 99 or 100 of this Act,

(

b) by or under the Youth Justice Act , or

(

c) before the date on which the Youth Justice Act comes into force, by or under the Young Offenders (British Columbia) Act , as it then was,

and "prohibited from driving" has a corresponding

meaning; .

Section 102 (

a) is repealed and the following substituted:

(

a) he or she is prohibited from driving a motor vehicle

(

i) under

section 98, 99 or 100 of this Act,

(ii) under the Youth Justice Act , or

(iii) before the date on which the Youth Justice Act

comes into force, under the Young Offenders (British Columbia) Act , as

it then was, or .

Section 104 (5) (

a) is repealed and the following substituted:

(

a) is or was prohibited from driving a motor vehicle, or his or her right to apply for or obtain a driver's licence is or was suspended,

(

i) under this Act, the Youth Justice Act , the

Youth Criminal Justice Act (Canada) or the Criminal Code ,

(ii) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(iii) before the date on which the Youth Justice Act

comes into force, under the Young Offenders (British Columbia) Act ,

as it then was, and .

Section 104.91 (1) (

b) is repealed and the following substituted:

(

b) is not prohibited from driving a motor vehicle

(

i) under this Act, the Youth Justice Act ,

the Youth Criminal Justice Act (Canada) or the Criminal Code ,

(ii) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(iii) before the date on which the Youth Justice Act

comes into force, under the Young Offenders (British Columbia) Act , as

it then was, and .

Section 105.1 (1) is repealed and the following substituted:

(1) If a peace officer has reasonable and probable grounds to believe that a person has operated a motor vehicle while the person is prohibited from driving a motor vehicle under

(

a) section 93, 94.2, 98, 99 or 215 of this Act,

(

b) the Youth Justice Act , the Youth Criminal

Justice Act (Canada) or the Criminal Code ,

(

c) the Young Offenders Act ( Canada), as it read before its repeal by the Youth Criminal Justice Act (Canada), or

(

d) the Young Offenders (British Columbia) Act ,

as it read before its repeal by the Youth Justice Act ,

the peace officer must cause the motor vehicle to be taken to and impounded at a place directed by the peace officer.

Section 105.9 (1) (

b) is repealed and the following substituted:

(

b) is not prohibited from driving a motor vehicle

(

i) under this Act, the Youth Justice Act ,

the Youth Criminal Justice Act (Canada) or the Criminal Code ,

(ii) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(iii) before the date on which the Youth Justice Act

comes into force, under the Young Offenders (British Columbia) Act , as

it then was, and .

Section 232 is amended

(

a) in subsection (1) by adding the following definition:

"date of sentencing" includes

(

a) the date that the passing of sentence is suspended,

(

b) the date that an absolute or a conditional discharge is granted, or

(

c) the date that a court

(

i) imposes a sentence under the Youth Justice Act or the Youth Criminal Justice Act (Canada), or

(ii) makes a disposition under the Young Offenders

(British Columbia) Act , as it read before its repeal by the Youth Justice

Act , or a disposition under the Young Offenders Act (Canada),

as it read before its repeal by the Youth Criminal Justice Act (Canada);

, and

(

b) in subsection (3) by striking out everything before paragraph (

a) and substituting "A suspension under subsection (2) is effective from

the date of sentencing, and is, subject to

section 233, effective for the following

period:" .

Parental Responsibility Act

Section 1 of the Parental Responsibility Act, S.B.C. 2001,

c. 45, is amended

(

a) by adding the following

definitions:

"federal youth legislation" means the Youth Criminal Justice Act (Canada), or the Young Offenders Act (Canada) that was in force before April 1, 2003;

"provincial youth legislation" means the Youth

Justice Act , or the Y oung Offenders (British Columbia) Act that was

in force before the date on which the Youth Justice Act came into force.

, and

(

b) in paragraph (

h) of the definition of "parent" by repealing subparagraphs (vii) and (viii) and substituting the following:

(vii) the federal youth legislation;

(viii) the provincial youth legislation; .

Section 11 is repealed and the following substituted:

Proof

(1) In this section, "offence" has the same meaning as in the federal youth legislation.

(2) In an action under this Act, proof that a child has been found guilty of an offence under the federal youth legislation is proof, in the absence of evidence to the contrary, that the offence was committed by the child if

(

a) no appeal of the finding of guilt was taken and the time for an appeal has expired, or

(

b) an appeal of the finding of guilt was taken but was dismissed or abandoned and no further appeal is available.

(3) For the purposes of subsection (2), a copy of an order of disposition or sentence under the federal youth legislation purporting to be signed by the officer having custody of the records of the court that made the order is, on proof of the identity of the child named in the order as guilty of the offence, sufficient evidence that the child was found guilty of the offence, without proof of the signature or official character of the person appearing to have signed the order.

Section 12 is amended by striking out "If evidence

obtained under the Young Offenders Act (Canada)" and substituting

"If evidence obtained under the federal youth legislation" .

Section 13 is repealed and the following substituted:

No effect on provisions limiting disclosure or publication

13 If information from records under the federal youth legislation or the provincial youth legislation is made available for the purposes of an action under this Act or presented as evidence in an action under this Act, nothing in this Act affects the provisions of the federal youth legislation or the provincial youth legislation that limit disclosure or publication of the information.

Parole Act

Section 1 of the Parole Act, R.S.B.C. 1996, c. 346, is amended

in paragraph (

a) of the definition of "inmate" by striking out "the

Young Offenders (British Columbia) Act , or" and substituting "the

Youth Justice Act , or" .

Provincial Court Act

Section 2 (5) of the Provincial Court Act, R.S.B.C. 1996, c.

379, is repealed and the following substituted:

(5) The court is designated as the youth justice court for purposes of the Youth Criminal Justice Act (Canada) and a judge is a youth justice court judge under that Act by virtue of the judge's appointment under this Act.

Section 31 (2) is amended by striking out "under the

Young Offenders Act (Canada), Young Offenders (British Columbia) Act ,"

and substituting "under the Young Offenders Act (Canada), Young

Offenders (British Columbia) Act , Youth Criminal Justice Act (Canada),

Youth Justice Act ," .

Victims of Crime Act

Section 1 of the Victims of Crime Act, R.S.B.C. 1996, c. 478,

is amended

(

a) in the definition of "justice system personnel" by striking

out "and personnel in the Court Services Branch, Criminal Justice Branch

and Corrections Branch of the Ministry of Attorney General;" and substituting

"and persons working in positions designated by the Attorney General;" ,

and

(

b) by repealing the definition of "sentence" and substituting the following:

"sentence" includes a sentence as defined in the

Youth Criminal Justice Act (Canada) or the Youth Justice Act ;

86 Sections 6 (1) and (2) and 7 (2) are amended by striking out

"the Young Offenders Act (Canada)" and substituting "the

Youth Criminal Justice Act (Canada)" .

Wildlife Act

Section 24 of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended

(

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

(1) In this section:

"convicted" includes the granting of an absolute or conditional discharge;

"date of sentencing" includes

(

a) the date that the passing of sentence is suspended,

(

b) the date that an absolute or a conditional discharge is granted, or

(

c) the date that a court

(

i) imposes a sentence under the Youth Justice Act, or

(ii) makes a disposition under the Young Offenders

(British Columbia) Act, as it read before its repeal by the Youth Justice

Act . ,

(

b) in subsections (8) and (10) by striking out "date of sentencing,

the date that the passing of sentence is suspended, the date of being granted

an absolute or conditional discharge or the date a court makes a disposition

under the Young Offenders (British Columbia) Act if the person is convicted

of" and substituting "date of sentencing if the person is convicted

of" , and

(

c) by repealing subsection (13) and substituting the following:

(13) If a person to whom subsection (8) or (10) otherwise applies does not hold a licence or limited entry hunting authorization or is exempted from holding one, the person is automatically prohibited, from the date of sentencing, from doing the thing for which a licence or limited entry hunting authorization would ordinarily be required, and subsection (5) applies.

Young Offenders (British Columbia) Act

88 The Young Offenders (British Columbia) Act, R.S.B.C. 1996,

c. 494, is repealed.

Commencement

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

Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada