1995 Legislative Session: 4th Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE JACKIE PEMENT
MINISTER OF TRANSPORTATION
AND HIGHWAYS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 72 (6) of the Offence Act, R.S.B.C. 1979, c. 305, is repealed and the following substituted:
(6) If a person fails to pay
(a) a fine in accordance with an order made under subsection (2), or
(b) a fine payable as a result of the person being deemed to have pleaded guilty to the contravention of an enactment alleged in a violation ticket,
a certificate of a person designated in the regulations may be filed with the Supreme Court stating
(c) the date of the conviction and the amount of the fine,
(d) the name of the person required to pay the fine,
(e) the date on which the fine was payable,
(f) the amount of the fine remaining unpaid, and
(g) the amount of interest payable under section 72.1 with respect to the unpaid amount of the fine.
(6.1) A certificate filed with the Supreme Court under subsection (6) has the same effect, and proceedings may be taken by a person or a class of persons designated by the Attorney General, as if it were a judgment of the Supreme Court for the recovery of a debt in the amounts referred to in subsection (6) (f) and (g) against the person named in the certificate.
(6.2) A certificate may not be filed under subsection (6)
(a) with respect to a fine payable in accordance with an order made under subsection (2), more than 10 years after the day on which the order is made, and
(b) with respect to a fine referred to in subsection (6) (b), more than 10 years after the day on which the person is deemed to have pleaded guilty to the contravention of an enactment alleged in the violation ticket.
2 The following section is added:
72.1 (1) A person who does not pay all or part of
(a) a fine payable in accordance with an order made under section 72 (2), or
(b) a fine payable as a result of the person being deemed to have pleaded guilty to the contravention of an enactment alleged in a violation ticket,
must pay to the government, in relation to the unpaid amount of the fine, an amount of interest at a rate set by the Attorney General under subsection (2) and calculated in accordance with this section.
(2) The Attorney General, in consultation with the chief judge of the Provincial Court, may set the rate of interest for the purpose of subsection (1).
(3) The Attorney General must publish in the Gazette a notice of the rate of interest set under subsection (2).
(4) Interest payable under this section is to be calculated
(a) in the case of a fine payable in accordance with an order made under section 72 (2), from
(i) the day on which the order is made, if the fine is to be paid at once, or
(ii) the day on which payment is due, if the fine is to be paid at a certain time or in installments, and
(b) in the case of a fine referred to in subsection (1) (b), from the day on which the person is deemed to have pleaded guilty to the contravention of an enactment alleged in the violation ticket.
(5) Interest payable under this section stops accruing on the day
(a) the amount of the fine and the amount of interest payable is deposited under section 95 (b) (iii),
(b) the unpaid amount of the fine is received by the government, or
(c) a certificate is filed under section 72 (6) in relation to the fine.
(6) Interest payable under this section is to be
(a) compounded monthly, and
(b) calculated on the number of days since the last compounding of interest or, if no compounding has yet occurred, since the interest began to accrue under subsection (4).
(7) No interest is payable under this section on any order of costs made under section 70.
(8) No interest is payable under this section with respect to any period before this section comes into force.
3 Section 95 (b) (iii) is amended by adding "and the amount of any interest payable under section 72.1" after "money to be paid".
4 Section 121.1 (2) is amended by striking out "and" at the end of paragraph (c) and by adding the following paragraph:
(c.1) designating any person or class of persons for the purposes of section 72 (6), and .
5 Section 13 of the Offence Amendment Act, 1982, S.B.C. 1982, c. 38, is amended
(a) in paragraph (b) by striking out "in subsection (6)" and substituting "in subsections (6) and (6.1)", and
(b) in paragraph (c) by striking out "subsection (6) does not apply" and substituting "subsections (6) and (6.1) do not apply".
6 This Act comes into force by regulation of the Lieutenant Governor in Council.
SECTION 1: [Offence Act, reenacts section 72 (6)] clarifies that a fine payable as a result of a deemed conviction under a violation ticket may be enforced as a debt owing to the government. The amendment also allows interest payable under the new section 72.1 to be enforced as a debt owing to the government. Subsection (6.2) introduces a 10 year limitation period on the filing of a certificate under subsection (6).
SECTION 2: [Offence Act, adds section 72.1] requires a person to pay interest to the government on the unpaid amount of a fine imposed for a Provincial offence. The rate of interest is to be set by the Attorney General in consultation with the chief judge of the Provincial Court. Interest is payable from the time the fine is payable and is compounded monthly.
SECTION 3: [Offence Act, amends section 95] requires a person who appeals a conviction for a Provincial offence to deposit with the appeal court the interest payable under section 72.1 in addition to the amount of the fine.
SECTION 4: [Offence Act, amends section 121.1 (2)] adds a power to make regulations designating persons for the purposes of section 72 (6).
SECTION 5: [Offence Amendment Act, 1982, amends section 13] is consequential to the amendments effected under sections 1 to 4 of this Bill.
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