2019 Legislative Session: 4th Session, 41st Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. MARVIN HUNT

BILL M 213 – 2019

PROHIBITING DRIVING WITH

ILLEGAL FIREARMS ACT

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definition

1 In this Act:

"driver's licence" for purposes of this Act includes a driver's licence issued by another jurisdiction.

Amendments to the

Motor Vehicle Act

Section 1 of the Motor Vehicle Act , R.S.B.C. 1996, c. 318, is amended by adding the following

definitions:

"firearm" means a firearm within the meaning of the Criminal Code (Canada);

"unlawfully possessed firearm" means any firearm whose possession is not authorized under the Firearms Act (Canada).

Driving with an unlawfully possessed firearm in a motor vehicle is prohibited

(1) No person shall drive a motor vehicle, in which there is an unlawfully possessed firearm, on a highway.

(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $2,000 and not more than $10,000 or imprisonment for a term of not more than six months, or both.

(3) In addition to the penalties under subsection (2), the person's driver's licence may be suspended:

(

a) on a first conviction under this section, for one year;

(

b) on the second conviction under this section, for five years; and

(

c) on the third conviction under this section, indefinitely.

Suspending a driver's licence

(1) If a peace officer believes on reasonable and probable grounds that a person has committed an offence under

section 3, the officer shall,

(

a) request that the person surrender his or her driver's licence, or any document issued in another jurisdiction that allows him or her to drive a motor vehicle; and

(

b) detain the motor vehicle until it is impounded under

section 5 (1) (b).

(2) Upon a request being made under subsection (l) (a), the person to whom the request is made shall forthwith surrender his or her driver's licence to the peace officer and, whether or not the person is unable or fails to surrender the licence to the peace officer, his or her driver's licence is suspended for a period of seven days from the time the request is made.

(3) All relevant provisions of the Motor Vehicle Act addressing the suspension of a driver's licence, including duties of peace officers, shall apply to the suspension of a driver's licence under this Act.

Detaining a vehicle

(1) Upon a motor vehicle being detained under

section 4 (1) (b), the motor vehicle shall, at the cost and risk to its owner,

(

a) be removed to an impound facility as directed by a peace officer; and

(

b) be impounded for seven days from the time it was detained under

section 4 (1) (b).

(2) Subject to subsection (3), the motor vehicle shall be released to its owner from the impound facility upon the expiry of the period of impoundment.

(3) All relevant provisions of the Motor Vehicle Act addressing the impoundment of motor vehicles, including liability for impoundment, storage, and duties of peace officers, shall apply to the impoundment of a motor vehicle under this Act.

No appeal or hearing, court proceeding not affected

6 There is no appeal from, or right to be heard before, a vehicle detention, driver's licence suspension or vehicle impoundment under sections 4 or 5, but this

section does not affect the taking of any proceeding in court.

Offence

7 Every person who obstructs or interferes with a peace officer in the performance of his or her duties under this Act is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $5,000 or to imprisonment for a term of not more than six months, or to both.

Intent of suspension and impoundment

8 The suspension of a driver's licence and the impoundment of a motor vehicle under this Act are intended to promote compliance with this Act and to thereby safeguard the public and do not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time.

Regulations

9 The Lieutenant Governor in Council may make regulations as follows:

(

a) requiring peace officers to keep records with respect to licence suspensions and vehicle impoundments under this Act for a specified period of time and to report specified information with respect to licence suspensions and vehicle impoundments to the Superintendent of Motor Vehicles and governing such records and reports;

(

b) prescribing conditions and procedures so that the offences under this Act are administered in a way that is consistent with other offences that the Motor Vehicle Act addresses.

(

c) exempting any class of persons or class or type of vehicles from any provision or requirement of this Act or of any regulation made under this Act, prescribing conditions for any such exemptions and prescribing different requirements for different classes of persons or different classes or types of vehicles.

Commencement

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

Copyright (

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