1st Session, 42nd Parliament (2020–2021)

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 18th day of March, 2021

Seunghee Suzie Seo, Law Clerk

HONOURABLE MIKE FARNWORTH

MINISTER OF PUBLIC SAFETY

AND SOLICITOR GENERAL

BILL 4 – 2021

FIREARM VIOLENCE PREVENTION ACT

Contents

Part 1 –

Definitions

Definitions

Definitions incorporated from

section 84 of Criminal Code

Part 2 – Firearms and Imitation Firearms

Division 1 – General Prohibitions and Requirements Respecting Firearms and Imitation Firearms

Prohibition against using, transporting, carrying or storing firearm in unsafe manner

Prohibition and requirement respecting firearm or imitation firearm in vehicle or boat

Prohibition against discharging firearm from vehicle or boat

Prohibition against operating vehicle if certain firearms, ammunition or devices in vehicle

Exemption if certain firearms, ammunition or devices authorized under federal Act

Prohibition against causing public disturbance with low-velocity firearm or imitation firearm

Prohibition against possessing low-velocity firearm or imitation firearm if subject to federal prohibition

Exemptions for designated officials and prescribed exemptions

Division 2 – Prohibitions and Requirements Respecting Minors and Low-Velocity Firearms and Imitation Firearms

Prohibition against selling, renting or supplying low-velocity firearm, imitation firearm or ammunition to minor

Exemption if minor produces credible false identification or false federal licence

Exemption for certain sporting or recreational facilities

Prohibition against minor transporting, carrying or storing low-velocity firearm or imitation firearm

Prohibition against minor discharging or possessing low-velocity firearm or imitation firearm in prohibited area

Prescribed exemptions in relation to prohibitions and requirements respecting minors

Part 3 – Designated Property

Definitions for

Part 3

Prohibition against possessing firearm or imitation firearm in or on designated property

Exemptions from prohibitions respecting designated property

Meaning of "child care property"

Meaning of "court property"

Meaning of "hospital property"

Meaning of "post-secondary property"

Meaning of "public worship property"

Meaning of "school property"

Part 4 – Shooting Ranges

Definitions for

Part 4

Duties respecting shooting range records

Premises where and period for which shooting range records must be kept

Prohibition against providing false or misleading information in shooting range records

Duty to require identification from shooting range user

Duty to require federal licence from shooting range user

Prohibition against using shooting range if identification or federal licence not produced

Power of person on duty to prohibit entry of shooting range user

Part 5 – Motor Vehicle Impoundment

Definitions for

Part 5

Power of peace officer to impound motor vehicle

Order of justice to impound motor vehicle

Duty of peace officer to be present when motor vehicle impounded

Duty of peace officer to arrange transportation for occupants

Notice of impoundment

Duty of operator to notify owner of impoundment

Duty of person who has custody to return personal property

Impoundment costs constitute lien

Period for which motor vehicle must remain impounded

Request and order for release after impoundment period ends

Agreement to take no action before specified date

Power of person who has custody to dispose of motor vehicle

Minister's duties if disposal of motor vehicle approved

Power of minister to direct refusal of licence if impoundment lien not discharged

Power to make agreement to transfer motor vehicle for parts or scrap

Duties of person who has custody after receiving transfer of title

Duty of peace officer to order early release if motor vehicle stolen property

Duty of peace officer to order early release if contravention did not occur

Power of owner to recover impoundment costs from driver

Access to information in records of Insurance Corporation of British Columbia

Power of minister to specify form and manner of records

Part 6 – Inspection, Search, Seizure and Arrest

Definition for

Part 6

Duty to permit peace officer to inspect certain weapons and things

Search and seizure with warrant

Search and seizure without warrant

Application of Offence Act to warrant, search and seizure

Certain seized weapons and things forfeit to government

Power to arrest without warrant

Prohibition against obstructing inspection, search, seizure or arrest

Prohibition against providing false or misleading information to peace officer

Part 7 – Offences and Penalties

Higher penalty offences

Lower penalty offences

Certificate evidence

Court order to prohibit possession

Offences involving corporations

Time limit for prosecuting offence

Section 5 of Offence Act does not apply

Part 8 – General

Power of authorized professional to notify police despite confidentiality

Liability protection in respect of authorized professionals

Duty to provide information about low-velocity firearms

Prohibition against providing false or misleading information about low-velocity firearms

Prohibition against producing false or misleading identification

Prohibition against producing false or misleading federal licence or authorization

Minister's delegation powers

Part 9 – Regulations

General regulation-making authority

Regulations in relation to firearms and imitation firearms

Regulations respecting low-velocity firearms and imitation firearms in relation to minors

Regulations in relation to designated property

Regulations in relation to shooting ranges

Regulations in relation to motor vehicle impoundment

Regulations in relation to duty to provide information about low-velocity firearms

Part 10 – Transitional Provision, Repeal and Consequential, Related and Minor Amendments

Division 1 – Transitional Provision

Wildlife Act transition

Division 2 – Repeal

Repeal of Firearm Act

Division 3 – Consequential, Related and Minor Amendments

88–⁠101

Consequential, Related and Minor Amendments

Commencement

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Part 1 –

Definitions

Definitions

In this Act:

"adult" means an individual who is 18 years of age or older;

"ammunition" , in relation to a firearm, means prohibited ammunition or any other shot, bullet

or projectile designed to be discharged from the firearm;

"boat" means a vessel or other craft in, on or by which a person or thing may be transported

or drawn on water;

"cartridge magazine" means a device or container from which ammunition may be fed into the firing chamber

of a firearm;

"federal Act" means the Firearms Act (Canada);

"federal licence" means a licence issued under the federal Act;

"firearm" has the same meaning as in

section 2 of the Criminal Code ;

"imitation firearm" means an object, other than a prescribed object, that could reasonably be mistaken

to be a firearm but is not a firearm;

"loaded" , in relation to a firearm, means ammunition is in any of the following:

(

a) the breach or firing chamber of the firearm;

(

b) a non-detachable cartridge magazine that is inside the firearm;

(

c) a cartridge magazine that is attached to a hinged floor plate of the firearm;

(

d) a detachable cartridge magazine that is inside or attached to the firearm;

(

e) a prescribed part of

(

i) the firearm, or

(ii) a cartridge magazine that is inside or attached to the firearm;

"low-velocity firearm" means a firearm that is not designed or adapted to do any of the following:

(

a) discharge a shot, bullet or other projectile

(

i) at a muzzle velocity of more than 152.4 metres per second, or

(ii) at a muzzle energy of more than 5.7 joules;

(

b) discharge a shot, bullet or other projectile that is designed or adapted to attain

(

i) a velocity of more than 152.4 metres per second, or

(ii) an energy of more than 5.7 joules;

"minor" means an individual who is under 18 years of age;

"possession" has the same meaning as in

section 4 (3) of the Criminal Code ;

"vehicle" means any of the following:

(

a) mobile equipment within the meaning of

section 1 [definitions] of the Motor Vehicle Act ;

(

b) a motor assisted cycle within the meaning of

section 1 of the Motor Vehicle Act ;

(

c) a vehicle within the meaning of

section 1 of the Motor Vehicle Act ;

(

d) an off-road vehicle within the meaning of

section 1 [definitions] of the Off-Road Vehicle Act ;

(

e) a road building machine within the meaning of

section 1 [definitions] of the Commercial Transport Act ;

(

f) a bicycle or other device

(

i) that is designed to be moved by human power, and

(ii) in, on or by which a person or thing is or may be transported on a highway;

(

g) a device

(

i) that is used exclusively on stationary rails or tracks, and

(ii) in, on or by which a person or thing is or may be transported;

(

h) a device

(

i) that is of a prescribed type, and

(ii) in, on or by which a person or thing is or may be transported.

Definitions incorporated from

section 84 of Criminal Code

In this Act, the following words and expressions have the same meaning as in

section

84 (1) of the Criminal Code :

(

a) non-restricted firearm;

(

b) prohibited ammunition;

(

c) prohibited device;

(

d) prohibited firearm;

(

e) restricted firearm.

Part 2 – Firearms and Imitation Firearms

Division 1 – General Prohibitions and Requirements Respecting Firearms and Imitation Firearms

Prohibition against using, transporting, carrying or storing firearm in unsafe manner

A person must not use, transport, carry or store a firearm in a manner that

(

a) poses a risk to the life or safety of an individual, or

(

b) poses a risk of damage to property.

Prohibition and requirement respecting firearm or imitation firearm in vehicle or boat

(1) A person must not transport, carry or store a loaded firearm in or on a vehicle

or boat.

(2) A person who is transporting, carrying or storing a low-velocity firearm or imitation

firearm in or on a vehicle or boat must transport, carry or store the low-velocity

firearm or imitation firearm in accordance with the regulations.

(3) For certainty, for the purposes of subsection (1), a firearm is loaded even if

the firearm is temporarily incapable of being discharged.

(4) For certainty, for the purposes of subsection (1), a muzzle-loaded firearm is

loaded if all of the following apply:

(

a) a firing cap or flint is inside or attached to the firearm;

(

b) a powder charge is in the barrel or cylinder of the firearm;

(

c) the firearm is primed to discharge.

Prohibition against discharging firearm from vehicle or boat

(1) A person must not discharge a firearm in, on or from a vehicle or boat.

(2) For certainty, this

section must be construed in accordance with

section 35 of

the Constitution Act, 1982 .

Prohibition against operating vehicle if certain firearms, ammunition or devices in vehicle

(1) Despite the definition of "vehicle" in

section 1 [definitions] , in this section, "vehicle" does not include any of the following:

(

a) a device used exclusively on stationary rails or tracks in, on or by which a

person or thing is or may be transported;

(

b) a prescribed vehicle, machine or device.

(2) A person must not operate a vehicle if any of the following is in or on the vehicle:

(

a) a non-restricted firearm, prohibited firearm or restricted firearm;

(

b) prohibited ammunition;

(

c) a prohibited device.

(3) If any firearm, ammunition or device referred to in subsection (2) is in or on

a vehicle, a person who operates the vehicle contravenes subsection (2) whether or

not the vehicle is in motion.

Exemption if certain firearms, ammunition or devices authorized under federal Act

A person does not contravene

section 6 (2) if, in respect of the non-restricted firearm,

prohibited firearm, restricted firearm, prohibited ammunition or prohibited device

that is in or on the vehicle,

(

a) the person or another occupant of the vehicle is authorized under the federal

Act to possess the firearm, ammunition or device,

(

b) in the case of a prohibited firearm or restricted firearm that is in or on the

vehicle, the person or another occupant of the vehicle is authorized under the federal

Act to transport and, if applicable, carry the firearm, and

(

c) the firearm, ammunition or device is being transported, carried or stored in

a manner that complies with requirements under the federal Act.

Prohibition against causing public disturbance with low-velocity firearm or imitation firearm

(1) In this section, "public place" means

(

a) any place to which the public has access as of right or by invitation, express

or implied, whether or not a fee is charged for entry, and

(

b) any vehicle or boat located in

(

i) a place referred to in paragraph (a), or

(ii) any outdoor place open to public view.

(2) A person must not use, carry or store a low-velocity firearm or imitation firearm

in a manner that causes or is likely to cause a disturbance in a public place.

Prohibition against possessing low-velocity firearm or imitation firearm if subject to federal prohibition

(1) Despite the definition of "ammunition" in

section 1 [definitions] , in subsection (2) (

e) of this section, "ammunition" has the same meaning as in

section 84 (1) of the Criminal Code .

(2) A person must not possess a low-velocity firearm or imitation firearm if, by

order under the Criminal Code or the Youth Criminal Justice Act (Canada), the person is prohibited from possessing any of the following:

(

a) a non-restricted firearm, prohibited firearm or restricted firearm;

(

b) a cross-bow within the meaning of

section 84 (1) of the Criminal Code ;

(

c) a prohibited weapon or restricted weapon within the meaning of

section 84 (1)

of the Criminal Code ;

(

d) a prohibited device;

(

e) ammunition or prohibited ammunition;

(

f) an explosive substance within the meaning of

section 2 of the Criminal Code .

Exemptions for designated officials and prescribed exemptions

(1) In this section:

"designated official" means an individual who is any of the following:

(

a) a peace officer, other than a mayor, as described in paragraph (a), (

b) or (

c) of the definition of "peace officer" in

section 29 [expressions defined] of the

Interpretation Act ;

(

b) a conservation officer within the meaning of

section 1 (1) [definitions] of the Environmental Management Act ;

(

c) a wildlife officer;

(

d) a park officer or park ranger within the meaning of

section 1 [definitions] of the Park Act ;

(

e) an employee of an armoured car guard service within the meaning of

section 1 [definitions] of the Security Services Act ;

(

f) a prescribed person;

"wildlife officer" means an individual who is any of the following:

(

a) an assistant director, director or regional manager within the meaning of

section

1 (1) [definitions and

interpretation] of the Wildlife Act ;

(

b) a prescribed officer or employee of the government.

(2) A designated official who carries out an action that would otherwise contravene

any of the following provisions does not contravene the provision if the action is

lawful for the purposes of exercising the designated official's powers or performing

the designated official's duties:

(

a) section 3 [prohibition against using, transporting, carrying or storing firearm in unsafe manner] ;

(b)

section 4 (1) or (2) [prohibition and requirement respecting firearm or imitation firearm in vehicle or

boat] ;

(c)

section 5 (1) [prohibition against discharging firearm from vehicle or boat] ;

(d)

section 6 (2) [prohibition against operating vehicle if certain firearms, ammunition or devices

in vehicle] ;

(e)

section 8 (2) [prohibition against causing public disturbance with low-velocity firearm or imitation

firearm] .

(3) The regulations may establish exemptions in relation to a prohibition or requirement

under

section 3, 4, 5 (1) , 6 (2), 8 (2) or 9 (2).

Division 2 – Prohibitions and Requirements Respecting Minors and Low-Velocity Firearms and Imitation Firearms

Prohibition against selling, renting or supplying low-velocity firearm, imitation firearm or ammunition to minor

(1) A person must not sell or offer to sell a low-velocity firearm or imitation firearm

to a minor.

(2) A person must not sell or offer to sell ammunition for a low-velocity firearm

to a minor.

(3) A person must not rent or offer to rent, or supply or offer to supply, for consideration,

any of the following to a minor:

(

a) a low-velocity firearm;

(

b) an imitation firearm;

(

c) ammunition for a low-velocity firearm.

Exemption if minor produces credible false identification or false federal licence

(1) A person does not contravene

section 11 (1), (2) or (3) if

(

a) at the person's request, the minor produces prescribed identification, and

(

b) after examining the prescribed identification produced by the minor, the person

reasonably believes that

(

i) the identification is authentic, and

(ii) the minor is an adult.

(2) A person does not contravene

section 11 (1), (2) or (3) if

(

a) the minor produces to the person a federal licence, and

(

b) after examining the federal licence produced by the minor, the person reasonably

believes that the minor is authorized to possess firearms under that federal licence.

Exemption for certain sporting or recreational facilities

(1) A person who operates a facility that provides sporting or recreational activities

involving the use of low-velocity firearms does not contravene

section 11 (2) or (3)

(

a) or (c) [prohibition against selling, renting or supplying low-velocity firearm, imitation

firearm or ammunition to minor] if,

(

a) in the case of

section 11 (2) or (3) (c), the minor will be using the ammunition

in or on the premises of the facility, or

(

b) in the case of

section 11 (3) (a), the minor will be using the low-velocity firearm

only in or on the premises of the facility.

(2) A person who operates a facility that provides sporting or recreational activities

involving the use of imitation firearms does not contravene

section 11 (3) (

b) if

the minor will be using the imitation firearm only in or on the premises of the facility.

Prohibition against minor transporting, carrying or storing low-velocity firearm or imitation firearm

(1) A minor must not transport, carry or store a loaded low-velocity firearm.

(2) A minor who is transporting, carrying or storing a low-velocity firearm or imitation

firearm must transport, carry or store the low-velocity firearm or imitation firearm

inside an opaque container that is locked.

(3) If a minor is transporting, carrying or storing a low-velocity firearm or imitation

firearm in or on a vehicle or boat,

section 4 [prohibition and requirement respecting firearm or imitation firearm in vehicle or

boat] applies instead of this section.

(4) For certainty, for the purposes of subsection (1), a low-velocity firearm is

loaded even if the low-velocity firearm is temporarily incapable of being discharged.

Prohibition against minor discharging or possessing low-velocity firearm or imitation firearm in prohibited area

(1) In this section, "prohibited area" means an area where the discharge of a firearm or imitation firearm is prohibited

under a law in force in British Columbia.

(2) A minor must not discharge a low-velocity firearm or imitation firearm in a prohibited

area.

(3) A minor must not possess a low-velocity firearm or imitation firearm in a prohibited

area unless the low-velocity firearm or imitation firearm is being transported, carried

and stored in compliance with

section 4 [prohibition and requirement respecting firearm or imitation firearm in vehicle or

boat] or 14, as applicable.

Prescribed exemptions in relation to prohibitions and requirements respecting minors

The regulations may establish exemptions in relation to a prohibition or requirement

under any of the following provisions:

(

a) section 11 [prohibition against selling, renting or supplying low-velocity firearm, imitation

firearm or ammunition to minor] ;

(

b) section 14 [prohibition against minor transporting, carrying or storing low-velocity firearm

or imitation firearm] ;

(

c) section 15.

Part 3 – Designated Property

Definitions for

Part 3

In this Part:

"designated property" means a property referred to in

section 18;

"entity" means a person, authority, board, institution, organization or other body;

"peace officer" means either of the following:

(

a) a peace officer, other than a mayor, as described in paragraph (a), (

b) or (

c) of the definition of "peace officer" in

section 29 [expressions defined] of the

Interpretation Act ;

(

b) a prescribed person;

"property" means real property, buildings or structures.

Prohibition against possessing firearm or imitation firearm in or on designated property

A person must not possess a firearm or imitation firearm in or on any of the following:

(

a) child care property within the meaning of

section 20;

(

b) court property within the meaning of

section 21;

(

c) hospital property within the meaning of

section 22;

(

d) post-secondary property within the meaning of

section 23;

(

e) public worship property within the meaning of

section 24;

(

f) school property within the meaning of

section 25;

(

g) property or things designated by regulation as designated property.

Exemptions from prohibitions respecting designated property

(1) A peace officer who possesses a firearm or imitation firearm in or on a designated

property does not contravene

section 18 if that possession is lawful for the purposes

of exercising the peace officer's powers or performing the peace officer's duties.

(2) The regulations may establish exemptions in relation to a prohibition under

section 18.

Meaning of "child care property"

(1) In this section, "regulated child care" means child care provided by an entity that holds or is required to hold a licence

under the Community Care and Assisted Living Act .

(2) Child care property is any of the following:

(

a) property that an entity

(

i) owns, leases, rents, manages or operates, and

(ii) uses in whole or in part for the purposes of providing regulated child care

to children under 13 years of age;

(

b) a vehicle that an entity owns, leases, rents, manages or operates, when the vehicle

is being used for the purposes of providing regulated child care to children under

13 years of age;

(

c) property or things designated by regulation as child care property.

Meaning of "court property"

Court property is either of the following:

(

a) a court facility within the meaning of

section 6.1 (1) [court security] of the Sheriff Act ;

(

b) property or things designated by regulation as court property.

Meaning of "hospital property"

Hospital property is either of the following:

(

a) property used in whole or in part for the purposes of operating a hospital or

private hospital under the Hospital Act ;

(

b) property or things designated by regulation as hospital property.

Meaning of "post-secondary property"

(1) In this section:

"post-secondary institution" means an entity that provides a post-secondary program;

"post-secondary program" means any of the following:

(

a) an educational or training program provided under any of the following Acts:

(

i) the College and Institute Act ;

(ii) the Royal Roads University Act ;

(iii) the Thompson Rivers University Act ;

(iv) the University Act ;

(

v) the Private Training Act ;

(

b) a program provided in accordance with a consent given under the Degree Authorization Act ;

(

c) a theological educational or training program provided under

an Act.

(2) Post-secondary property is either of the following:

(

a) property that

(

i) a post-secondary institution owns, leases, rents, manages or operates, and

(ii) is used for the purposes of providing a post-secondary program;

(

b) property or things designated by regulation as post-secondary property.

(3) For the purposes of subsection (2) (a), if a post-secondary program is provided

(

a) in or on property that is within the campus of a post-secondary institution,

all of the property within the campus is post-secondary property, or

(

b) in or on property that is not within the campus of a post-secondary institution,

the part of the property in or on which the post-secondary program is provided is

post-secondary property.

Meaning of "public worship property"

(1) Public worship property is either of the following:

(

a) property that an entity

(

i) owns, leases, rents, manages or operates, and

(ii) uses for the purposes of providing a place of public worship;

(

b) property or things designated by regulation as public worship property.

(2) Public worship property does not include

(

a) a premises occupied solely as a private residence, or

(

b) if only part of a premises is occupied solely as a private residence, that part

of the premises.

Meaning of "school property"

(1) In this section, "education authority" means

(

a) a board or francophone education authority under the School Act ,

(

b) an authority under the Independent School Act , or

(

c) a prescribed person or entity.

(2) School property is any of the following:

(

a) property or a vehicle that

(

i) an education authority owns, leases, rents, manages or operates, and

(ii) is used in whole or in part for the purposes of providing an educational program;

(

b) a vehicle that an education authority owns, leases, rents, manages or operates,

other than a vehicle to which paragraph (

a) applies, when the vehicle is being used

for the purposes of transporting students to or from extracurricular activities;

(

c) property or things designated by regulation as school property.

Part 4 – Shooting Ranges

Definitions for

Part 4

In this Part:

"operator" , in relation to a shooting range, means a person who is approved under the federal

Act to operate the shooting range;

"shooting club" means a shooting club approved under the federal Act;

"shooting range" means a shooting range approved under the federal Act;

"shooting range records" , in relation to a shooting range, means the records that an operator of the shooting

range is required to keep under

section 27;

"shooting range user" , in relation to a shooting range, means an individual who uses or proposes to use

a firearm or imitation firearm at the shooting range.

Duties respecting shooting range records

(1) An operator of a shooting range must keep records that contain the information

required under this

section about each shooting range user.

(2) If a shooting range user is a member of a shooting club, the shooting range records

must contain the following information:

(

a) the name of the shooting range user;

(

b) the name of the shooting club;

(

c) the membership number of the shooting range user in respect of the shooting club;

(

d) the dates on which the shooting range is used or has been used by the shooting

range user;

(

e) prescribed information.

(3) If a shooting range user is not a member of a shooting club, the shooting range

records must contain the following information:

(

a) the name, address and phone number of the shooting range user;

(

b) if the shooting range user is authorized to possess firearms under a federal

licence, the licence number of the federal licence;

(

c) if the shooting range user is not authorized to possess firearms under a federal

licence, the date of birth of the shooting range user;

(

d) the dates on which the shooting range is used or has been used by the shooting

range user;

(

e) prescribed information.

(4) Despite subsections (2) and (3), the shooting range records must contain the

prescribed information about a shooting range user if the shooting range user

(

a) is a prescribed individual, and

(

b) uses the shooting range for a prescribed purpose.

(5) A shooting range user must provide to an operator of a shooting range the information

required to be kept in shooting range records, as that information relates to the

shooting range user.

Premises where and period for which shooting range records must be kept

(1) Shooting range records must be kept

(

a) on the premises of the shooting range, or

(

b) on other premises that the minister may specify.

(2) Shooting range records must be kept in the form and manner, if any, that the

minister specifies.

(3) Information contained in shooting range records must be kept for the prescribed

period.

Prohibition against providing false or misleading information in shooting range records

The following must not include or provide false or misleading information in relation

to shooting range records:

(

a) an operator of a shooting range;

(

b) a person who is on duty at a shooting range;

(

c) a shooting range user.

Duty to require identification from shooting range user

(1) If an operator or another person is on duty at a shooting range, the person must,

before a shooting range user uses a firearm or imitation firearm at the shooting range,

require the shooting range user to produce the following:

(

a) if the shooting range user is an adult, 2 pieces of prescribed identification;

(

b) if the shooting range user is a minor, one piece of prescribed identification.

(2) The regulations may establish exemptions in relation to a requirement under subsection

(1).

Duty to require federal licence from shooting range user

(1) Subsection (2) applies in relation to a shooting range user who uses or proposes

to use, at a shooting range, a firearm that is a non-restricted firearm, prohibited

firearm or restricted firearm.

(2) If an operator or another person is on duty at a shooting range and a shooting

range user described in subsection (1)

(

a) indicates to the person on duty that the shooting range user is authorized to

possess firearms under a federal licence, or

(

b) provides to the person on duty the licence number of the federal licence of the

shooting range user,

the person on duty must, for the purposes of verifying the information referred to

in paragraphs (

a) and (

b) of this subsection, require the shooting range user to produce

the federal licence.

(3) The regulations may establish exemptions in relation to the requirement under

subsection (2).

Prohibition against using shooting range if identification or federal licence not produced

(1) A shooting range user must not use a firearm or imitation firearm at a shooting

range if the shooting range user fails to do either of the following:

(

a) provide information as required under this

Part in relation to shooting range

records;

(

b) produce identification as required under

section 30 (1) [duty to require identification from shooting range user] .

(2) A shooting range user who fails to produce a federal licence to the person on

duty at a shooting range, as required under

section 31 (2), must not use a non-restricted

firearm, prohibited firearm or restricted firearm at the shooting range.

Power of person on duty to prohibit entry of shooting range user

An operator or another person who is on duty at a shooting range may prohibit a shooting

range user from entering the shooting range, or may require a shooting range user

to immediately leave the shooting range, if the shooting range user fails to do any

of the following:

(

a) provide information as required under this

Part in relation to shooting range

records;

(

b) produce identification as required under

section 30 (1) [duty to require identification from shooting range user] ;

(

c) produce a federal licence as required under

section 31 (2) [duty to require federal licence from shooting range user] .

Part 5 – Motor Vehicle Impoundment

Definitions for

Part 5

In this Part:

"impound" , in relation to a motor vehicle, includes immobilizing the motor vehicle at a location

specified by a peace officer who is authorized under either of the following to cause

the motor vehicle to be impounded:

(

a) section 35;

(

b) an impoundment order;

"impoundment lien" means a lien under

section 42 (1) [impoundment costs constitute lien] ;

"impoundment order" means an order of a justice under

section 36 (1) [order of justice to impound motor vehicle] ;

"impoundment period" means the period prescribed for the purposes of sections 35 (2) and 36 (2) (b);

"motor vehicle" has the same meaning as in

section 1 [definitions] of the Motor Vehicle Act ;

"owner" has the same meaning as in

section 1 of the Motor Vehicle Act ;

"peace officer" means either of the following:

(

a) a peace officer as described in paragraph (

c) of the definition of "peace officer"

section 29 [expressions defined] of the

Interpretation Act ;

(

b) a prescribed person;

"person who has custody" , in relation to a motor vehicle, includes a person who has impounded a motor vehicle

by immobilizing the motor vehicle.

Power of peace officer to impound motor vehicle

(1) A peace officer may cause a motor vehicle to be impounded and taken to a specified

location if the peace officer reasonably believes that a person is operating or has

operated the motor vehicle in contravention of

(a)

section 6 (2) [prohibition against operating vehicle if certain firearms, ammunition or devices

in vehicle] , or

(

b) section 320.17 of the Criminal Code .

(2) A motor vehicle impounded under subsection (1) must remain impounded for the

prescribed period.

Order of justice to impound motor vehicle

(1) On application by a peace officer, a justice may by order authorize a peace officer

to cause a motor vehicle to be impounded if the justice is satisfied that there are

reasonable grounds to believe that the motor vehicle has been operated in contravention

(a)

section 6 (2) [prohibition against operating vehicle if certain firearms, ammunition or devices

in vehicle] , or

(

b) section 320.17 of the Criminal Code .

(2) An impoundment order must contain the following information:

(

a) that, unless the owner or a person authorized by the owner discharges the impoundment

lien, the impounded motor vehicle may be disposed of in accordance with this Part

or the Warehouse Lien Act ;

(

b) that, unless the motor vehicle is released in accordance with this Part before

the end of the prescribed period, the motor vehicle must remain impounded for the

prescribed period.

(3) Unless an impoundment order specifies otherwise, a motor vehicle authorized to

be impounded under the order is to be impounded at a location specified by the peace

officer who enforces that order.

Duty of peace officer to be present when motor vehicle impounded

If a peace officer causes a motor vehicle to be impounded and taken from its present

location to a specified location, a peace officer must be present when the motor vehicle

is being removed from the present location.

Duty of peace officer to arrange transportation for occupants

A peace officer who causes a motor vehicle to be impounded must arrange for the occupants

of the motor vehicle to be transported to the nearest safe area where the occupants

can obtain an alternative form of transportation if the peace officer considers that

the impoundment would

(

a) jeopardize the safety of the occupants, or

(

b) leave the occupants stranded.

Notice of impoundment

(1) A peace officer who causes a motor vehicle to be impounded must give written notice

of the impoundment to each of the following:

(

a) the minister;

(

b) if a person was operating or in possession of the motor vehicle at the time of

its impoundment, the person who was operating or in possession of the motor vehicle;

(

c) the person who has custody of the motor vehicle;

(

d) a prescribed person, if any.

(2) The notice under subsection (1) must contain the information described in

section

36 (2) (

a) and (b) [order of justice to impound motor vehicle] .

(3) Promptly after receiving a notice of impoundment under subsection (1) (a), the

minister must send a copy of the notice to the last known address of the registered

owner of the motor vehicle, as shown in the records maintained by the Insurance Corporation

of British Columbia, unless the registered owner is a person to whom the peace officer

has already given notice under subsection (1) (b).

Duty of operator to notify owner of impoundment

If the person who was operating or in possession of a motor vehicle at the time of

its impoundment is not the owner of the motor vehicle, the person must take reasonable

steps to promptly notify the owner of the impoundment.

Duty of person who has custody to return personal property

On request of the owner of an impounded motor vehicle, the person who has custody

of the motor vehicle must return to the owner any personal property in the motor vehicle,

other than personal property attached to or used in connection with the operation

of the motor vehicle.

Impoundment costs constitute lien

(1) The fees, costs, charges, surcharges and amounts described in

section 255 (2) [lien on impounded motor vehicle] of the Motor Vehicle Act constitute a lien on an impounded motor vehicle, as if the motor vehicle were impounded

under

section 251 (1) [impoundment of motor vehicle] of that Act.

(2) An impoundment lien may be enforced under

section 46 [power of person who has custody to dispose of motor vehicle] or, if the impoundment lien is not discharged under this Part, under the Warehouse Lien Act .

(3) The person who has custody of an impounded motor vehicle must promptly notify

the minister if the motor vehicle is sold under the Warehouse Lien Act .

Period for which motor vehicle must remain impounded

Except as otherwise provided in this Part, an impounded motor vehicle must remain

impounded during the impoundment period and for a further period that ends as follows:

(

a) if the impoundment lien on the motor vehicle is discharged after the end of the

impoundment period, when the impoundment lien is discharged and the requirements for

release under

section 44 are met;

(

b) if an agreement is made under

section 45 [agreement to take no action before specified date] , when the date specified in the agreement is reached and the requirements for release

under

section 44 are met;

(

c) if the motor vehicle is disposed of under

section 46 [power of person who has custody to dispose of motor vehicle] or the Warehouse Lien Act , when the motor vehicle is disposed of.

Request and order for release after impoundment period ends

Unless the regulations provide otherwise, the person who has custody of an impounded

motor vehicle must release the motor vehicle to the owner or a person authorized by

the owner if each of the following requirements has been met:

(

a) the owner or a person authorized by the owner has delivered to the minister a

request for the release of the motor vehicle;

(

b) the minister, after receiving a request referred to in paragraph (a), has issued

an order requiring that the motor vehicle be released to the owner or a person authorized

by the owner, subject to the requirements in paragraphs (

c) and (

d) being met;

(

c) the owner or a person authorized by the owner has discharged the impoundment

lien;

(

d) the impoundment period has ended or, if an agreement referred to in

section 45

is in place, the date for release under that agreement has been reached.

Agreement to take no action before specified date

(1) The person who has custody of an impounded motor vehicle may enter into an agreement

with the owner of the motor vehicle respecting the earliest date, after the impoundment

period ends, that the person will begin to take action to dispose of the motor vehicle.

(2) The person who has custody of an impounded motor vehicle must promptly notify

the minister of an agreement entered into under subsection (1).

Power of person who has custody to dispose of motor vehicle

The person who has custody of an impounded motor vehicle may dispose of the motor

vehicle if the following requirements are met:

(

a) the motor vehicle remains impounded after the end of the impoundment period;

(

b) the amount of the impoundment lien on the motor vehicle exceeds the value of

the motor vehicle, as estimated by the person who has custody, less $1 000;

(

c) by notice sent by mail at least 14 days before the filing of the statutory declaration

under paragraph (

e) of this section, the registered owner of the motor vehicle has

been informed that the person who has custody intends to dispose of the motor vehicle

if the impoundment lien is not discharged;

(

d) the person who has custody has obtained a certificate issued under the Personal Property Security Act showing that no security interest is registered against the motor vehicle;

(

e) the person who has custody has filed a statutory declaration with the minister

declaring that the requirements set out in paragraphs (b), (

c) and (

d) of this

section

have been met;

(

f) the person who has custody has surrendered to the Insurance Corporation of British

Columbia any number plates, issued under the Motor Vehicle Act , from the motor vehicle;

(

g) the person who has custody has obtained the minister's approval respecting the

disposal of the motor vehicle.

Minister's duties if disposal of motor vehicle approved

If the person who has custody obtains the minister's approval under

section 46 (g),

the minister must direct the Insurance Corporation of British Columbia to do the following:

(

a) cancel any vehicle licence issued under the Motor Vehicle Act with respect to the motor vehicle;

(

b) transfer the registration of the motor vehicle to the person who has custody

of the impounded motor vehicle;

(

c) forward any refund from the cancellation of the vehicle licence to the previous

registered owner of the motor vehicle.

Power of minister to direct refusal of licence if impoundment lien not discharged

(1) If the person who has custody obtains the minister's approval under

section 46 (g) [power of person who has custody to dispose of motor vehicle] , the minister, not less than 30 days after giving that approval, may direct that,

until the direction is rescinded under subsection (2) of this section, the Insurance

Corporation of British Columbia is to do one or both of the following:

(

a) refuse to issue a driver's licence, under

section 26 (1) [refusal to issue a licence, permit, etc.] of the Motor Vehicle Act , to the person who was the owner of the motor vehicle at the time of its impoundment;

(

b) refuse to issue, under

section 26 (2) of the Motor Vehicle Act , to the person who was the owner of the motor vehicle at the time of its impoundment,

a licence and corresponding number plates for a motor vehicle or trailer, or both.

(2) If the amount of an impoundment lien on a motor vehicle is discharged by disposal

of the motor vehicle under

section 46 or by payment by the person who was the owner

of the motor vehicle at the time of its impoundment, or by a combination of both,

(

a) the person who filed a statutory declaration under

section 46 (

e) or who received

the payment must promptly notify the minister of the discharge, and

(

b) after being notified under paragraph (

a) of this subsection, the minister must

rescind the direction, if any, given to the Insurance Corporation of British Columbia

under subsection (1) of this section.

Power to make agreement to transfer motor vehicle for parts or scrap

(1) The owner of an impounded motor vehicle and the person who has custody of the

motor vehicle may enter into an agreement under which

(

a) the owner agrees to transfer title to the motor vehicle to the person who has

custody of the motor vehicle, and

(

b) the person who has custody of the motor vehicle agrees to transfer title to the

motor vehicle to a person who

(

i) is in the business of wrecking used motor vehicles, and

(ii) intends to use the motor vehicle for parts or scrap.

(2) If the owner and the person who has custody enter into an agreement under subsection

(1),

(

a) on the owner and the person entering into the agreement, the impoundment lien

on the motor vehicle is discharged, and

(

b) whether or not the impoundment period has ended, the person who has custody of

the motor vehicle must dispose of the motor vehicle to a person described in subsection

(1) (b) (

i) and (ii).

Duties of person who has custody after receiving transfer of title

(1) Within 10 days after title to a motor vehicle has been transferred, in accordance

with an agreement entered into under

section 49 (1), to the person who has custody

of the motor vehicle, the person must deliver to the Insurance Corporation of British

Columbia a notice of transfer and change in status of the motor vehicle, together

with payment of the required fee.

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

(

a) the notice of transfer and change in status must be

(

i) in the same form as required by the Insurance Corporation of British Columbia

for the purposes of

section 255 (9) (c) [notice of transfer and change of status of motor vehicle transferred as irreparable

vehicle] of the Motor Vehicle Act , and

(ii) signed by the owner and the person who has custody of the motor vehicle, and

(

b) the required fee must be paid in the same amount as prescribed by the Superintendent

of Motor Vehicles for the purposes of

section 17.1 (3) (b) [fee for transfer of motor vehicle as irreparable or salvage vehicle] of the Motor Vehicle Act .

(3) Section 255 (10) [storage of impounded vehicle] of the Motor Vehicle Act applies in respect of the delivery of a notice of transfer and change in status under

subsection (1) of this section.

(4) Before transferring the motor vehicle to a person described in

section 49 (1) (b) (

i) and (ii), the person who has custody of the motor vehicle must do all of the following:

(

a) surrender to the Insurance Corporation of British Columbia any number plates,

issued under the Motor Vehicle Act , from the motor vehicle;

(

b) file a request for approval with the minister that includes the following:

(

i) a copy of the agreement entered into under

section 49 (1);

(ii) a statutory declaration that the person has obtained a certificate issued under

the Personal Property Security Act showing that no security interest is registered against the motor vehicle;

(

c) obtain the approval of the minister.

(5) If the person who has custody obtains the minister's approval under subsection (4) (c),

the minister must perform the duties described in

section 47 [minister's duties if disposal of motor vehicle approved] .

Duty of peace officer to order early release if motor vehicle stolen property

(1) If a peace officer is satisfied that a motor vehicle impounded under

section 35 [power of peace officer to impound motor vehicle] is stolen property, the peace officer must order the person who has custody of the

motor vehicle to promptly release the motor vehicle, after the impoundment lien has

been discharged, to the owner or a person authorized by the owner.

(2) A peace officer must promptly notify the minister of an order given under subsection

(1).

Duty of peace officer to order early release if contravention did not occur

(1) A peace officer who causes a motor vehicle to be impounded under

section 35 [power of peace officer to impound motor vehicle] must order the person who has custody of the motor vehicle to release the motor vehicle,

after the impoundment lien has been discharged, to the owner or a person authorized

by the owner if both of the following apply:

(

a) when the motor vehicle was impounded, the peace officer reasonably believed that

the motor vehicle was being or had been operated in contravention of

(i)

section 6 (2) [prohibition against operating vehicle if certain firearms, ammunition or devices

in vehicle] , or

(ii)

section 320.17 of the Criminal Code ;

(

b) based on information or records provided to the peace officer after the motor

vehicle was impounded, the peace officer is satisfied that at the time of its impoundment

the motor vehicle was not being or had not been operated in contravention of

(i)

section 6 (2) of this Act, or

(ii)

section 320.17 of the Criminal Code .

(2) A peace officer must promptly notify the minister of an order given under subsection

(1).

(3) The regulations may specify information or records that may or must be provided

to a peace officer for the purposes of subsection (1) (b).

Power of owner to recover impoundment costs from driver

(1) If the owner of an impounded motor vehicle has discharged all or a portion of

the impoundment lien, the owner may recover the amount paid from the person reasonably

believed to have been operating the motor vehicle in contravention of

(a)

section 6 (2) of this Act, or

(

b) section 320.17 of the Criminal Code .

(2) An amount referred to in subsection (1) is recoverable, as a debt due, in a court

that has jurisdiction.

Access to information in records of Insurance Corporation of British Columbia

(1) The Insurance Corporation of British Columbia must give to the minister, on request,

information contained in records kept by the corporation relating to an impounded

motor vehicle.

(2) The minister may use and disclose information given under subsection (1) for

the purposes of exercising the minister's powers or performing the minister's duties

under this Part.

Power of minister to specify form and manner of records

The minister may specify any of the following in respect of a notification, request,

agreement, declaration or other record required or permitted under this Part:

(

a) the form and manner in which the record must be completed, filed, given or delivered;

(

b) information or additional information that must be included in the record.

Part 6 – Inspection, Search, Seizure and Arrest

Definition for

Part 6

In this Part, "peace officer" means either of the following:

(

a) a peace officer as described in paragraph (

c) of the definition of "peace officer"

section 29 [expressions defined] of the

Interpretation Act ;

(

b) a prescribed person.

Duty to permit peace officer to inspect certain weapons and things

(1) On request of a peace officer who is exercising a power or performing a duty of

the peace officer, a person must immediately produce and permit inspection of a weapon

or thing that is or appears to be a firearm, imitation firearm, prohibited device

or ammunition.

(2) Without limiting subsection (1), a peace officer may inspect a weapon or thing

described in that subsection that is seen or found in or on a vehicle or boat.

Search and seizure with warrant

(1) On information on oath or affirmation that there are reasonable grounds to believe

an offence under this Act has occurred or is occurring, a justice, on being satisfied

that an entry and search are likely to provide evidence of an offence under this Act,

may issue a warrant authorizing a peace officer to do any of the following:

(

a) enter and search the real or personal property specified in the warrant;

(

b) search a person who the peace officer reasonably believes has possession of anything

that is likely to provide evidence of an offence under this Act;

(

c) seize and remove anything that the peace officer reasonably believes is evidence

of an offence under this Act;

(

d) take other actions the justice authorizes in the warrant.

(2) The regulations may prescribe the form of an information or warrant for the purposes

of subsection (1).

Search and seizure without warrant

(1) A peace officer may exercise a power referred to in

section 58 (1) (a), (

b) or (c),

without a warrant, if the peace officer reasonably believes the following:

(

a) an offence under this Act has occurred or is occurring;

(

b) an entry and search are likely to provide evidence of an offence under this Act;

(

c) the delay necessary to obtain a warrant would result in

(

i) the loss or destruction of evidence, or

(ii) a danger to human life or safety.

(2) Unless a peace officer reasonably believes that the delay necessary to obtain

a warrant would result in a danger to human life or safety, the peace officer may

not, under subsection (1), enter and search

(

a) a premises occupied solely as a private residence, or

(

b) if only part of a premises is occupied solely as a private residence, that part

of the premises.

Application of Offence Act to warrant, search and seizure

(1) The following provisions of the Offence Act apply in relation to a warrant under

section 58 [search and seizure with warrant] of this Act and to a search and anything seized under the warrant or

section 59 of

this Act:

(a)

section 21 (4) [search warrants] ;

(

b) section 22 [telewarrants] ;

(

c) section 23 [seizure of things not specified] ;

(

d) section 24 [detention of things seized] ;

(

e) section 24.1 [access to thing seized] ;

(

f) subject to

section 61 of this Act,

section 24.2 [order for disposition of thing seized] .

(2) Despite

section 24 (3) of the Offence Act , if, under

section 24 (2) (

a) of that Act, a justice orders that a thing must be

detained, the thing may be detained for up to one year before an order under

section

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

Certain seized weapons and things forfeit to government

(1) In this section, "seized weapon or thing" means a firearm, imitation firearm, prohibited device, cartridge magazine or ammunition

that is seized and detained under this Part.

(2) Unless a justice orders otherwise under subsection (4), a seized weapon or thing

is forfeited to the government if a justice determines any of the following:

(

a) the seized weapon or thing was used in the commission of an offence under this

Act;

(

b) a person has committed an offence under this Act that involves the seized weapon

or thing.

(3) Unless a justice orders otherwise under subsection (4), a seized weapon or thing

is forfeited to the government if all of the following requirements are met:

(

a) a person is alleged to have contravened a provision of this Act or the regulations;

(

b) the alleged contravention involves the seized weapon or thing;

(

c) the person is deemed, under any of the following provisions of the Offence Act , to have pleaded guilty to the alleged contravention:

(i)

section 14 (11) [person deemed guilty on payment of all or portion of violation ticket] ;

(ii)

section 15 (12) [person deemed guilty on failure to appear] ;

(iii)

section 16 (1) [person deemed guilty on failure to respond to violation ticket] .

(4) A justice may order that a seized weapon or thing that is or may be forfeited

under subsection (2) or (3) be returned to a person if the justice is satisfied that

(

a) the person is the lawful owner of the seized weapon or thing,

(

b) the person was not a party to the offence or contravention to which the determination

relates, and

(

c) the person had no reasonable grounds to believe that the seized weapon or thing

would or might be used in the commission of the offence or contravention to which

the determination relates.

(5) If a seized weapon or thing has been destroyed, the justice may order that an

amount equal to the value of the seized weapon or thing be paid to a person who meets

the requirements set out in subsection (4).

(6) A seized weapon or thing that is forfeited to the government may be disposed

of as the minister may direct.

Power to arrest without warrant

A peace officer may arrest a person, without a warrant, if the peace officer reasonably

believes that the person is committing an offence by contravening any of the following:

(

a) section 3 [prohibition against using, transporting, carrying or storing firearm in unsafe manner] ;

(b)

section 4 (1) or (2) [prohibition and requirement respecting firearm or imitation firearm in vehicle or

boat] ;

(c)

section 5 (1) [prohibition against discharging firearm from vehicle or boat] ;

(d)

section 6 (2) [prohibition against operating vehicle if certain firearms, ammunition or devices

in vehicle] ;

(e)

section 8 (2) [prohibition against causing public disturbance with low-velocity firearm or imitation

firearm] ;

(f)

section 9 (2) [prohibition against possessing low-velocity firearm or imitation firearm if subject

to federal prohibition] ;

(g)

section 11 (1), (2) or (3) [prohibition against selling, renting or supplying low-velocity firearm, imitation

firearm or ammunition to minor] ;

(h)

section 15 (2) or (3) [prohibition against minor discharging or possessing low-velocity firearm or imitation

firearm in prohibited area] ;

(

i) section 18 [prohibition against possessing firearm or imitation firearm in or on designated property] ;

(j)

section 32 (1) or (2) [prohibition against using shooting range if identification or federal licence not

produced] ;

(k)

section 57 (1) [duty to permit peace officer to inspect certain weapons and things] ;

(

l) a prescribed provision of this Act or the regulations.

Prohibition against obstructing inspection, search, seizure or arrest

A person must not obstruct or interfere with, or attempt to obstruct or interfere

with, a peace officer who is doing any of the following:

(

a) conducting or attempting to conduct an inspection under

section 57 [duty to permit peace officer to inspect certain weapons and things] ;

(

b) conducting or attempting to conduct an entry, search, seizure, removal or action

under a warrant under

section 58 [search and seizure with warrant] ;

(

c) conducting or attempting to conduct an entry, search, seizure or removal under

section 59 [search and seizure without warrant] ;

(

d) making or attempting to make an arrest authorized under

section 62.

Prohibition against providing false or misleading information to peace officer

A person must not provide false or misleading information or fail to disclose a material

fact to a peace officer who is carrying out an action referred to in

section 63.

Part 7 – Offences and Penalties

Higher penalty offences

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

(

a) section 3 [prohibition against using, transporting, carrying or storing firearm in unsafe manner] ;

(b)

section 4 (1) or (2) [prohibition and requirement respecting firearm or imitation firearm in vehicle or

boat] ;

(c)

section 5 (1) [prohibition against discharging firearm from vehicle or boat] ;

(d)

section 6 (2) [prohibition against operating vehicle if certain firearms, ammunition or devices

in vehicle] ;

(e)

section 8 (2) [prohibition against causing public disturbance with low-velocity firearm or imitation

firearm] ;

(f)

section 9 (2) [prohibition against possessing low-velocity firearm or imitation firearm if subject

to federal prohibition] ;

(g)

section 11 (1), (2) or (3) [prohibition against selling, renting or supplying low-velocity firearm, imitation

firearm or ammunition to minor] ;

(

h) section 18 [prohibition against possessing firearm or imitation firearm in or on designated property] ;

(

i) section 29 [prohibition against providing false or misleading information in shooting range records] ;

(

j) section 57 [duty to permit peace officer to inspect certain weapons and things] ;

(

k) section 63 [prohibition against obstructing inspection, search, seizure or arrest] ;

(

l) section 64 [prohibition against providing false or misleading information to peace officer] ;

(

m) a court order made under

section 68 (1) [court order to prohibit possession] ;

(

n) section 75 [prohibition against providing false or misleading information about low-velocity

firearms] ;

(

o) section 76 [prohibition against producing false or misleading identification] ;

(

p) section 77 [prohibition against producing false or misleading federal licence or authorization] .

(2) Unless subsection (3) applies, a person who commits an offence under subsection

(1) is liable,

(

a) if the person is an individual, to one or both of the following:

(

i) a fine of not more than $5 000;

(ii) imprisonment for not more than 12 months, or

(

b) if the person is not an individual, to a fine of not more than $100 000.

(3) If a person who commits an offence under subsection (1) has, within the previous

5 years, committed the same offence or another offence under that subsection, the

person is liable,

(

a) if the person is an individual, to one or both of the following:

(

i) a fine of not more than $7 500;

(ii) imprisonment for not more than 18 months, or

(

b) if the person is not an individual, to a fine of not more than $200 000.

Lower penalty offences

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

(a)

section 14 (1) or (2) [prohibition against minor transporting, carrying or storing low-velocity firearm

or imitation firearm] ;

(b)

section 15 (2) or (3) [prohibition against minor discharging or possessing low-velocity firearm or imitation

firearm in prohibited area] ;

(c)

section 27 (1) or (5) [duties respecting shooting range records] ;

(d)

section 28 (1), (2) or (3) [premises where and period for which shooting range records must be kept] ;

(e)

section 30 (1) [duty to require identification from shooting range user] ;

(f)

section 31 (2) [duty to require federal licence from shooting range user] ;

(g)

section 32 (1) or (2) [prohibition against using shooting range if identification or federal licence not

produced] ;

(

h) section 74 [duty to provide information about low-velocity firearms] .

(2) Unless subsection (3) applies, a person who commits an offence under subsection (1)

is liable,

(

a) if the person is an individual, to a fine of not more than $2 500, or

(

b) if the person is not an individual, to a fine of not more than $50 000.

(3) If a person who commits an offence under subsection (1) has, within the previous

5 years, committed the same offence or another offence under this Act, the person

is liable,

(

a) if the person is an individual, to a fine of not more than $5 000, or

(

b) if the person is not an individual, to a fine of not more than $100 000.

(4) A person who contravenes

section 49 (2) (b) [requirements under agreement to transfer motor vehicle for parts or scrap] commits an offence.

(5) A person who commits an offence under subsection (4) is liable to one or both

of the following:

(

a) a fine of not more than $2 000;

(

b) imprisonment for not more than 6 months.

Certificate evidence

(1) In this section, "certificate" means a certificate that

(

a) is signed by a person who is employed or authorized by a laboratory operated,

maintained, supported or certified by

(ii) a prescribed person or entity, and

(

b) contains factual information relating to the person's analysis of a firearm,

imitation firearm, prohibited device or ammunition.

(2) In a proceeding relating to the contravention of a provision of this Act or the

regulations, a certificate is

(

a) admissible in evidence,

(

b) evidence of the facts stated in the certificate, and

(

c) conclusive evidence of the authority of the person signing the certificate, without

further proof of the person's signature, employment or authorization.

Court order to prohibit possession

(1) If a person is convicted of or pleads guilty or is deemed to have pleaded guilty

to a prescribed offence under this Act, a court may by order, on application or on

the court's own initiative, prohibit the person from possessing a firearm, imitation

firearm, prohibited device or prohibited ammunition for the period specified in the

order.

(2) An order under subsection (1) is in addition to any other punishment that may

be imposed.

Offences involving corporations

(1) If a corporation or limited liability company commits an offence under this Act,

an officer, director or agent of the corporation or limited liability company who

authorizes, allows or participates in the offence also commits an offence, whether

or not the corporation or limited liability company is prosecuted or convicted.

(2) In a prosecution for an offence under this Act, it is sufficient proof of the

offence to establish that the offence was committed by an officer, director or agent

of a corporation or limited liability company, whether or not the officer, director

or agent is prosecuted or convicted.

(3) For the purposes of subsection (1) subsection (2) , a corporation or limited liability

company has the burden of proving that an officer, director or agent of the corporation

or limited liability company was not acting on behalf of the corporation or limited

liability company at the time the officer, director or agent committed an offence

under this Act.

Time limit for prosecuting offence

The time limit for laying an information for an offence under this Act is 6 years

after the date on which the act or omission that is alleged to constitute the offence

occurred.

Section 5 of Offence Act does not apply

Section 5 [general offence] of the Offence Act does not apply to this Act or the regulations.

Part 8 – General

Power of authorized professional to notify police despite confidentiality

(1) In this section:

"authorized professional" means a designated health professional, social worker or any other individual, other

than a lawyer, who

(

a) provides professional services, and

(

b) owes a duty of confidentiality to persons to whom those professional services

are provided;

"designated health professional" means an individual who is authorized to practise a designated health profession

within the meaning of

section 1 [definitions] of the Health Professions Act ;

"police force" means a police force within the meaning of

section 1.1 (a), (

b) or (c) [police forces in British Columbia] of the Police Act .

(2) Despite any duty of confidentiality, an authorized professional may notify a

police force if the authorized professional reasonably believes that a person to whom

that authorized professional provides professional services intends to use a firearm

or imitation firearm

(

a) to cause harm to themselves or another person, or

(

b) to threaten or intimidate another person.

Liability protection in respect of authorized professionals

(1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced

or maintained against any of the following because of anything done or omitted under

section 72 (2):

(

a) an authorized professional;

(

b) an employer, other than the government, of an authorized professional.

(2) Subsection (1) does not apply to an authorized professional or employer in relation

to anything done or omitted in bad faith.

(3) Subsection (1) (

a) does not absolve the government from vicarious liability arising

out of anything done or omitted by an authorized professional for which the government

would be liable if this

section were not in force.

Duty to provide information about low-velocity firearms

(1) A person who carries on the business of selling, renting or supplying low-velocity

firearms must give a person to whom a low-velocity firearm is sold, rented or supplied

information that

(

a) is provided in the form and manner, if any, that the minister may specify, and

(

b) includes the content that the minister specifies.

(2) The regulations may establish exemptions in relation to a requirement under subsection (1).

Prohibition against providing false or misleading information about low-velocity firearms

A person required under

section 74 (1) to give information about low-velocity firearms

must not provide false or misleading information about the low-velocity firearms to

persons to whom those low-velocity firearms are sold, rented or supplied.

Prohibition against producing false or misleading identification

A person must not, for any purpose under this Act, produce identification that

(

a) has been altered to misrepresent the person's age or identity,

(

b) was issued by the issuing agency to another person, or

(

c) was forged or fraudulently made.

Prohibition against producing false or misleading federal licence or authorization

A person must not, for any purpose under this Act, produce a federal licence or an

authorization given under the federal Act that

(

a) has been altered to misrepresent the person's age or identity,

(

b) has been altered to misrepresent the federal licence or authorization,

(

c) was issued by the issuing agency to another person, or

(

d) was forged or fraudulently made.

Minister's delegation powers

(1) The minister may delegate one or more of the minister's powers and duties under

this Act to a person or class of persons employed in any ministry of the government.

(2) The minister may delegate one or more of the minister's powers and duties under

Part 5 [Motor Vehicle Impoundment] to the Insurance Corporation of British Columbia.

Part 9 – Regulations

General regulation-making authority

(1) The Lieutenant Governor in Council may make regulations referred to in

section 41 [powers to make regulations] of the

Interpretation Act .

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make

regulations as follows:

(

a) respecting any matter for which regulations are contemplated by this Act;

(

b) defining, for the purposes of this Act, any word or expression used but not defined

in this Act.

(3) The authority to make regulations under another provision of this Act does not

limit subsections (1) and (2) of this section.

(4) In making a regulation under this Act, the Lieutenant Governor in Council may

do one or more of the following:

(

a) delegate a matter to a person;

(

b) confer a discretion on a person;

(

c) establish or define classes of persons, entities, properties, facilities, institutions,

places, circumstances, weapons, objects or other things;

(

d) make different regulations in relation to

(

i) different persons, entities, properties, facilities, institutions, places, circumstances,

weapons, objects or other things, or

(ii) different classes of persons, entities, properties, facilities, institutions,

places, circumstances, weapons, objects or other things.

Regulations in relation to firearms and imitation firearms

(1) For the purposes of

section 10 (3) [exemptions for designated officials and prescribed exemptions] , the Lieutenant Governor in Council may make regulations establishing full or partial

exemptions in relation to a prohibition or requirement under any of the following:

(

a) section 3 [prohibition against using, transporting, carrying or storing firearm in unsafe manner] ;

(

b) section 4 [prohibition and requirement respecting firearm or imitation firearm in vehicle or

boat] ;

(c)

section 5 (1) [prohibition against discharging firearm from vehicle or boat] ;

(d)

section 6 (2) [prohibition against operating vehicle if certain firearms, ammunition or devices

in vehicle] ;

(e)

section 8 (2) [prohibition against causing public disturbance with low-velocity firearm or imitation

firearm] ;

(f)

section 9 (2) [prohibition against possessing low-velocity firearm or imitation firearm if subject

to federal prohibition] .

(2) A regulation under subsection (1) may do any of the following:

(

a) specify purposes for which or circumstances in which an exemption applies;

(

b) establish criteria, conditions, requirements or obligations that must be met

or complied with in relation to an exemption;

(

c) specify how a person or entity may or must prove or establish that an exemption

applies.

Regulations respecting low-velocity firearms and imitation firearms in relation to minors

(1) For the purposes of

section 12 (1) [exemption if minor produces credible false identification or false federal licence] , the Lieutenant Governor in Council may make regulations respecting identification,

including, without limitation, regulations that prescribe the following:

(

a) the form of identification that may or must be produced;

(

b) the number of pieces of identification that may or must be produced;

(

c) the manner in which identification may or must be produced.

(2) For the purposes of

section 16 [prescribed exemptions in relation to prohibitions and requirements respecting minors] , the Lieutenant Governor in Council may make regulations establishing full or partial

exemptions in relation to a prohibition or requirement under any of the following:

(

a) section 11 [prohibition against selling, renting or supplying low-velocity firearm, imitation

firearm or ammunition to minor] ;

(

b) section 14 [prohibition against minor transporting, carrying or storing low-velocity firearm

or imitation firearm] ;

(

c) section 15 [prohibition against minor discharging or possessing low-velocity firearm or imitation

firearm in prohibited area] .

(3) A regulation under subsection (2) may do any of the following:

(

a) specify purposes for which or circumstances in which an exemption applies;

(

b) establish criteria, conditions, requirements or obligations that must be met

or complied with in relation to an exemption;

(

c) specify how a person or entity may or must prove or establish that an exemption

applies.

Regulations in relation to designated property

(1) The Lieutenant Governor in Council may make regulations designating property or

things, in whole or in part, as any of the following:

(

a) designated property for the purposes of

section 18 (g) [prohibition against possessing firearm or imitation firearm in or on designated property] ;

(

b) child care property for the purposes of

section 20 (2) (c) [meaning of "child care property"] ;

(

c) court property for the purposes of

section 21 (b) [meaning of "court property"] ;

(

d) hospital property for the purposes of

section 22 (b) [meaning of "hospital property"] ;

(

e) post-secondary property for the purposes of

section 23 (2) (b) [meaning of "post-secondary property"] ;

(

f) public worship property for the purposes of

section 24 (1) (b) [meaning of "public worship property"] ;

(

g) school property for the purposes of

section 25 (2) (c) [meaning of "school property"] .

(2) A regulation under subsection (1) may specify the purposes for which or circumstances

in which property or things are designated as designated property, child care property,

court property, hospital property, post-secondary property, public worship property

or school property.

(3) For the purposes of

section 19 (2) [exemptions to prohibitions respecting designated property] , the Lieutenant Governor in Council may make regulations establishing full or partial

exemptions in relation to a prohibition under

section 18, including, without limitation,

regulations that do the following:

(

a) specify purposes for which or circumstances in which an exemption applies;

(

b) establish criteria, conditions, requirements or obligations that must be met

or complied with in relation to an exemption;

(

c) specify how a person or entity may or must prove or establish that an exemption

applies.

Regulations in relation to shooting ranges

(1) For the purposes of

section 30 (1) (

a) and (b) [duty to require identification from shooting range user] , the Lieutenant Governor in Council may make regulations respecting identification,

including, without limitation, regulations that prescribe the following:

(

a) the form of identification that may or must be produced;

(

b) the manner in which identification may or must be produced.

(2) For the purposes of

section 30 (2), the Lieutenant Governor in Council may make

regulations establishing full or partial exemptions in relation to a requirement under

section 30 (1).

(3) For the purposes of

section 31 (3) [duty to require federal licence from shooting range user] , the Lieutenant Governor in Council may make regulations establishing full or partial

exemptions in relation to the requirement under

section 31 (2).

(4) A regulation under subsection (2) or (3) may do any of the following:

(

a) specify purposes for which or circumstances in which an exemption applies;

(

b) establish criteria, conditions, requirements or obligations that must be met

or complied with in relation to an exemption;

(

c) specify how a person or entity may or must prove or establish that an exemption

applies.

Regulations in relation to motor vehicle impoundment

(1) For the purposes of

section 44 [request and order for release after impoundment period ends] , the Lieutenant Governor in Council may make regulations as follows:

(

a) providing that

section 44 does not apply;

(

b) specifying purposes for which or circumstances in which

section 44 does not apply;

(

c) authorizing the person who has custody of an impounded motor vehicle to release

the motor vehicle, on request of the owner or a person authorized by the owner, after

(

i) the impoundment period ends, and

(ii) the impoundment lien has been discharged;

(

d) establishing other criteria, conditions, requirements or obligations that must

be met or complied with respecting the release of an impounded motor vehicle.

(2) For the purposes of

section 52 (3) [duty of peace officer to order early release if contravention did not occur] , the Lieutenant Governor in Council may make regulations respecting information or

records that may or must be provided, including, without limitation, regulations that

specify the form and manner in which information or records may or must be provided.

Regulations in relation to duty to provide information about low-velocity firearms

For the purposes of

section 74 (2) [duty to provide information about low-velocity firearms] , the Lieutenant Governor in Council may make regulations establishing full or partial

exemptions in relation to a requirement under

section 74 (1), including, without limitation,

regulations that do the following:

(

a) specify purposes for which or circumstances in which an exemption applies;

(

b) establish criteria, conditions, requirements or obligations that must be met

or complied with in relation to an exemption;

(

c) specify how a person or entity may or must prove or establish that an exemption

applies.

Part 10 – Transitional Provision, Repeal and Consequential, Related and Minor Amendments

Division 1 – Transitional Provision

Wildlife Act transition

(1) In this section:

"effective date" means the date on which

section 87 of this Act comes into force;

"former Act" means the Firearm Act , R.S.B.C. 1996, c. 145;

"pre-existing permit" means a permit under the Wildlife Act that

(

a) exists immediately before the effective date, and

(

b) exempts a person from a requirement under

section 9 (1) [offence] of the former Act.

(2) A reference in a pre-existing permit to an exemption from a requirement under

section 9 of the former Act is deemed to be a reference to an exemption from the corresponding

requirement under any of the following provisions of this Act:

(

a) section 4 [prohibition and requirement respecting firearm or imitation firearm in vehicle or

boat] ;

(b)

section 5 (1) [prohibition against discharging firearm from vehicle or boat] .

(3) Section 24 (8) (d) [suspension and cancellation of licences] of the Wildlife Act , as it read immediately before its repeal by

section 96 of this Act, applies in respect

of a person who

(

a) is alleged to have committed, before the effective date, an offence under

section

3 [exercise of care for safety of others] of the former Act, and

(

b) is convicted, after the effective date, of the offence referred to in paragraph

(

a) of this subsection.

(4) Section 85 (1) (a) [failure to pay fine] of the Wildlife Act , as it read immediately before its amendment by

section 98 of this Act, applies in

respect of a person who, on the effective date, has not yet paid a fine imposed as

a result of the person's conviction, before the effective date, for an offence under

the former Act.

Division 2 – Repeal

Repeal of Firearm Act

The Firearm Act , R.S.B.C. 1996, c. 145, is repealed.

Division 3 – Consequential, Related and Minor Amendments

Armoured Vehicle and After-Market Compartment Control Act

Section 1 of the Armoured Vehicle and After-Market Compartment Control Act, S.B.C.

2010, c. 8, is amended in the definition of "after-market compartment" by striking out " and " at the end of paragraph (a), by adding " , and " at the end of paragraph (

b) and by adding the following paragraph:

(

c) conceals, hides or otherwise prevents the discovery of the contents of the compartment; .

Section 3 is amended

(

a) by repealing subsection (2) (

b) and substituting the following:

(

b) include authorizations for the registrar to

(

i) carry out the prescribed checks regarding the applicant or permit holder, and

(ii) collect and use the applicant's or permit holder's fingerprints to verify the

results of the prescribed checks, and , and

(

b) by adding the following subsection:

(2.1) If an applicant for an armoured vehicle permit or renewal of an armoured vehicle

permit is not an individual, the application must include authorizations for the registrar

to carry out the actions described in subsection (2) (b) (

i) and (ii) in relation

to one or more individuals who are any of the following, as specified by the registrar:

(

a) an owner of the applicant;

(

b) a manager of the applicant;

(

c) one or more other individuals who the registrar considers control or direct the

applicant.

Section 7 (2) and (3) is repealed and the following substituted:

(2) A person must not install, alter or repair an after-market compartment in a vehicle.

(3) Subsection (1) does not apply in respect of a person who owns, operates or uses

a vehicle that contains an after-market compartment if any of the following apply:

(

a) the vehicle is operated or used by a peace officer in the exercise of the peace

officer's powers or performance of the peace officer's duties;

(

b) the after-market compartment is in a vehicle that is forfeited to the government

and the government owns, operates or uses the vehicle;

(

c) the owner of the vehicle is exempt from that subsection under the regulations.

(4) Subsection (2) does not apply in respect of a person who installs, alters or

repairs an after-market compartment in a vehicle if any of the following apply:

(

a) the vehicle is operated or used by a peace officer in the exercise of the peace

officer's powers or performance of the peace officer's duties;

(

b) the after-market compartment is in a vehicle that is forfeited to the government

and the government owns, operates or uses the vehicle;

(

c) the person is exempt from that subsection under the regulations.

Section 20 (2) is amended

(

a) in paragraph (

g) by striking out " a class of persons " and substituting " a class of persons or the government ", and

(

b) in paragraph (

h) by striking out " proof of an exemption referred to in

section 7 (3) " and substituting " proof of an exemption under

section 7 (3) or (4) ".

Body Armour Control Act

Section 4 (2) (

b) of the Body Armour Control Act, S.B.C. 2009, c. 24, is repealed

and the following substituted:

(

b) include authorizations for the registrar to

(

i) carry out the prescribed checks regarding the applicant or permit holder, and

(ii) collect and use the applicant's or permit holder's fingerprints to verify the

results of the prescribed checks, and .

Motor Vehicle Act

Section 26 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended

(

a) in subsection (1) by striking out " or " at the end of paragraph (h), by adding " , or " at the end of paragraph (

i) and by adding the following paragraph:

(

j) was the owner of a motor vehicle at the time it was impounded under

section 35

or 36 of the Firearm Violence Prevention Act if, under

section 48 (1) of that Act, the Insurance Corporation of British Columbia

is directed to refuse the issuance. ,

(

b) in subsection (2) by striking out " or " at the end of paragraph (d.1), by adding " , or " at the end of paragraph (

e) and by adding the following paragraph:

(

f) was the owner of a motor vehicle at the time it was impounded under

section 35

or 36 of the Firearm Violence Prevention Act if, under

section 48 (1) of that Act, the Insurance Corporation of British Columbia

is directed to refuse the issuance. , and

(

c) in subsection (3) by striking out " or " at the end of paragraph (c).

Section 83 (2) (

c) is repealed and the following substituted:

(

c) section 3, 4 or 5 (1) of the Firearm Violence Prevention Act , .

Wildlife Act

Section 19 (3) of the Wildlife Act, R.S.B.C. 1996, c. 488, is repealed and the

following substituted:

(3) If a regional manager issues a permit respecting the use of firearms, the regional

manager may

(

a) exempt a person from

section 4 or 5 (1) , in whole or in part, of the Firearm Violence Prevention Act , and

(

b) specify the conveyance or type of conveyance to which the permit is limited.

Section 24 (8) is amended by adding " or " at the end of paragraph (

c) and by repealing paragraph (d).

Section 84 is amended

(

a) in subsections (6.2) and (6.3) by striking out " under this Act or the Firearm Act " and substituting " under this Act ", and

(

b) in subsections (6.2) (

a) and (6.3) (

b) by striking out " this Act, the Firearm Act or their regulations " and substituting " this Act or the regulations ".

Section 85 (1) (

a) is repealed and the following substituted:

(

a) fails to pay, within the time required by law, a fine imposed as a result of

the person's conviction for an offence under

(

i) this Act, or

(ii) a prescribed provision of the Firearm Violence Prevention Act , and .

Section 86 is amended by striking out " and

section 9 of the Firearm Act ".

100 Sections 90 (1) and (2), 98 and 98.1 (1) (

a) are amended by striking out " or the Firearm Act ".

Section 108 (3) is amended by adding the following paragraph:

(d.1) in respect of a regulation under paragraph (

d) of this subsection, exempting

a person from

section 4 or 5 (1) , in whole or in part, of the Firearm Violence Prevention Act ; .

Commencement

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

Copyright (

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