1997 Legislative Session: 2nd Session, 36th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE UJJAL DOSANJH
ATTORNEY GENERAL AND
MINISTER RESPONSIBLE
FOR MULTICULTURALISM,
HUMAN RIGHTS AND
IMMIGRATION
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Offence Act, R.S.B.C. 1996, c. 338, is amended by adding the following definition:
"ticketed amount" means, in relation to an alleged contravention of an enactment, for which a violation ticket is issued under section 14, the aggregate of the following amounts:
(a) the fine prescribed for the contravention of an enactment alleged by the ticket;
(b) the victim surcharge levy to be paid with that fine under section 8.1 of the Victims of Crime Act; .
2 Section 14 is amended
(a) by repealing subsection (4) (b) and substituting the following:
(b) a statement of the ticketed amount applicable to the alleged contravention; ,
(b) in subsection (4) (c) by striking out "or fine" and substituting "or the fine portion of the ticketed amount",
(c) in subsection (4) (d) (iii) by striking out "fine" and substituting "ticketed amount",
(d) in subsection (9) (a) by striking out "a fine" and substituting "the fine portion of the ticketed amount",
(e) in subsection (9) (b) by striking out "a fine indicated on the violation ticket" and substituting "the ticketed amount indicated on the ticket",
(f) in subsection (10) (c) by striking out "a fine" and substituting "the fine portion of the ticketed amount",
(g) in subsection (10) (d) by striking out "a fine indicated on the violation ticket" and substituting "the ticketed amount indicated on the ticket", and
(h) by repealing subsection (11) and substituting the following:
(11) If a person pays all or a portion of the ticketed amount indicated on a violation ticket in accordance with subsection (9) or (10), the person is deemed to have pleaded guilty to the alleged contravention and the unpaid portion of that ticketed amount is immediately payable to the government.
3 Section 15 (1) and (2) is amended by striking out "the amount of the fine contained in" and substituting "the fine portion of the ticketed amount indicated on".
4 Section 16 (1) is repealed and the following substituted:
(1) If a person who has been served with a violation ticket under section 14 has not, within 30 days after the ticket was served on the person, either paid all or a portion of the ticketed amount or disputed the allegation or the fine portion of the ticketed amount in accordance with section 15,
(a) the person is deemed to have pleaded guilty to the alleged contravention, and
(b) the ticketed amount indicated on the ticket is immediately payable to the government.
5 Section 16 (2) is amended by striking out "the amount of the fine in accordance with section 15." and substituting "the amount of the fine portion of the ticketed amount in accordance with section 15."
6 Section 16 (3) (d) (i) is amended by striking out "the fine" and substituting "the fine portion of the ticketed amount".
7 Section 18 (3) is amended by striking out "the fine contained in that ticket" and substituting "all or a portion of the ticketed amount indicated on the ticket".
8 Section 82 (2) and (3) (c) is amended by striking out "that the fine" and substituting "that the fine and the victim surcharge levy that is, under section 8.1 of the Victims of Crime Act, to be paid with that fine,".
9 Section 82 (3) (a) is amended by striking out "pay the fine" and substituting "pay the fine and the victim surcharge levy that is, under section 8.1 of the Victims of Crime Act, to be paid with that fine,".
10 Section 82 (6) (a) is amended by striking out "a fine" and substituting "a fine and victim surcharge levy".
11 Section 82 (6) (b) is amended by striking out "a fine payable as a result of the person" and substituting "a ticketed amount payable as a result of the person being found guilty of or".
12 Section 82 (6) (c) is repealed and the following substituted:
(c) the date of the conviction or the deemed guilty plea, as the case may be, and the amount of the fine and victim surcharge levy or of the ticketed amount, as the case may be, .
13 Section 82 (6) is amended
(a) in paragraph (d) by adding "and victim surcharge levy or the ticketed amount, as the case may be" after "the fine",
(b) in paragraph (e) by adding "and victim surcharge levy or the ticketed amount, as the case may be," after "the fine",
(c) in paragraph (f) by adding "and victim surcharge levy or of the ticketed amount, as the case may be," after "the fine", and
(d) in paragraph (g) by adding "and victim surcharge levy or of the ticketed amount, as the case may be" after "the fine".
14 Section 82 (8) (a) is amended by adding "and victim surcharge levy" after "a fine".
15 Section 82 (8) (b) is repealed and the following substituted:
(b) with respect to a ticketed amount referred to in subsection (6) (b), more than 10 years after the day on which the person is found guilty of or is deemed to have pleaded guilty to the contravention of an enactment alleged in the violation ticket.
16 Section 14 (4) (e) (v), as enacted by section 2 (b) of the Supplement to the Offence Act, is amended by striking out "fine" and substituting "ticketed amount".
17 Section 14 (10.1) (c), as enacted by section 6 of the Supplement to the Offence Act, is repealed and the following substituted:
(c) the prescribed fine for that contravention and the victim surcharge levy that is, under section 8.1 of the Victims of Crime Act, to be paid with that fine are immediately payable to the government and sections 82 (6) to (8) and 82.1 of this Act apply to those amounts as if those amounts made up a ticketed amount indicated on a violation ticket that had been issued to the person in respect of that contravention.
18 Section 15 (2.1), as enacted by section 8 of the Supplement to the Offence Act, is amended by striking out "the amount of the fine contained in" and substituting "the fine portion of the ticketed amount indicated on".
19 Section 16 (1) (c), as enacted by section 12 of the Supplement to the Offence Act, is repealed and the following substituted:
(c) does not pay all or a portion of the ticketed amount indicated on the ticket or does not dispute the allegation or the fine portion of the ticketed amount in accordance with section 15, .
20 Section 16 (1), as enacted by section 12 of the Supplement to the Offence Act, is amended by striking out "the fine indicated in the ticket is payable to the government as if it were a fine imposed by the Provincial Court" and substituting "the ticketed amount indicated on the ticket is immediately payable to the government".
21 Section 82.1 (1), as enacted by section 21 of the Supplement to the Offence Act, is repealed and the following substituted:
(1) In this section:
"part payment" means an amount received by the government that is less than the aggregate of the required payment and the interest that has accrued on that amount under this section;
"required payment" means the payment referred to in paragraph (a), (b) or (c), as the case may be, of subsection (1.1).
(1.1) A person who does not pay all of
(a) a fine and victim surcharge levy payable in accordance with an order under section 82 (2) (a),
(b) a payment, to be made of or in respect of a fine and victim surcharge levy, payable in accordance with an order under section 82 (2) (b), or
(c) a ticketed amount payable as a result of the person being found guilty of or 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 required payment, an amount of interest at a rate set by the Attorney General under subsection (2) and calculated in accordance with this section.
22 Section 82.1 (2), as enacted by section 21 of the Supplement to the Offence Act, is amended by striking out "subsection (1)." and substituting "subsection (1.1)."
23 Section 82.1 (4), as enacted by section 21 of the Supplement to the Offence Act, is repealed and the following substituted:
(4) Interest payable under this section accrues on any unpaid balance of the required amount and is to be calculated,
(a) in the case of a fine and victim surcharge levy payable in accordance with an order under section 82 (2) (a), from the day on which the order is made,
(b) in the case of a payment referred to in subsection (1.1) (b) of this section, from the day on which payment is due, and
(c) in the case of a ticketed amount referred to in subsection (1.1) (c) of this section, from the day on which the person is found guilty of or is deemed to have pleaded guilty to the contravention of an enactment alleged in a violation ticket.
24 Section 82.1 (5), as enacted by section 21 of the Supplement to the Offence Act, is repealed and the following substituted:
(5) Interest payable under this section stops accruing on the day
(a) there is deposited under section 105 (2) (c) the required payment and the interest that has accrued on that amount to the date of the deposit,
(b) the unpaid amount of the required payment is received by the government along with the interest that has accrued on that amount to the date of payment, or
(c) a certificate is filed under section 82 (6) in relation to the fine and victim surcharge levy or the ticketed amount, as the case may be.
25 Section 82.1, as enacted by section 21 of the Supplement to the Offence Act, is amended by adding the following subsection:
(5.1) Unless the person providing a part payment otherwise directs, a part payment must be applied
(a) first to the interest that has accrued on the required payment to the date of the receipt of the part payment,
(b) second to the unpaid amount of the victim surcharge levy portion of the required payment, and
(c) last to the unpaid amount of the fine portion of the required payment.
26 Section 11 of the Supplement to the Offence Act is repealed.
Victims of Crime Act
27 Section 10 of the Victims of Crime Act, R.S.B.C. 1996, c. 478, is amended by striking out "No cause of action," and substituting "Subject to section 82 (7) of the Offence Act, no cause of action,".
28 Section 8.1 (2), as enacted by section 1 of the Supplement to the Victims of Crime Act, is amended by striking out "If a person pays a fine in accordance with section 14 of" and substituting "Without limiting subsection (1), if a person pays or is obligated to pay a fine under".
29 Section 8.1 (3) to (6), as enacted by section 1 of the Supplement to the Victims of Crime Act, is repealed.
30 This Act comes into force by regulation of the Lieutenant Governor in Council.
[This Bill amends the Revised Statutes of British Columbia, 1996. The Revised Statutes of British Columbia, 1996 come into force on April 21, 1997.]
SECTION 1: [Offence Act, amends section 1] defines "ticketed amount" to comprise both the fine prescribed for the offence alleged by a violation ticket and the victim surcharge levy to be paid with that fine.
SECTION 2: [Offence Act, amends section 14]
SECTION 3: [Offence Act, amends section 15 (1) and (2)] confirms that only the fine portion of a "ticketed amount", as that term is enacted under section 1 of this Bill, may be disputed.
SECTION 4: [Offence Act, amends section 16] confirms that if a person on whom a violation ticket is served does not, within 30 days after service, pay all or a portion of the "ticketed amount", as that term is enacted under section 1 of this Bill, or dispute the fine or the allegation, a deemed guilty plea results and the ticketed amount is immediately payable to the Crown.
SECTIONS 5 and 6: [Offence Act, amend section 16 (2) and (3)] harmonize the wording of section 16 (2) and (3) of the Offence Act with the term "ticketed amount" enacted by section 1 of this Bill and confirm that only the fine portion of a ticketed amount may be disputed.
SECTION 7: [Offence Act, amends section 18 (3)] harmonizes the wording of section 18 (3) of the Offence Act with the term "ticketed amount" enacted by section 1 of this Bill and with section 14 (11) of the Offence Act enacted by section 2 of this Bill.
SECTIONS 8 and 9: [Offence Act, amend section 82] include victim surcharge levies within the discretionary powers of a judge, under section 82 of the Offence Act, relative to the timing of payment.
SECTIONS 10 and 11: [Offence Act, amend section 82] allow for filing a certificate to enforce payment in relation to a person who does not pay the fine and victim surcharge levy imposed on that person.
SECTION 12: [Offence Act, amends section 82 (6) (c)] requires the inclusion in a certificate filed under section 82 a reference to the date of a deemed guilty plea as well as to the date of a conviction and of a reference to the victim surcharge levy payable by the person named in the certificate.
SECTION 13: [Offence Act, amends section 82 (6)] harmonizes the wording of section 82 (6) with the term "ticketed amount" enacted by section 1 of this Bill and requires that a certificate filed under that section refers to both the applicable fine and the applicable victim surcharge levy.
SECTION 14: [Offence Act, amends section 82 (8)] harmonizes the wording of section 82 (8) with the wording of section 82 (2) as enacted by section 8 of this Bill.
SECTION 15: [Offence Act, amends section 82 (8)] harmonizes the wording of section 82 (8) with the term "ticketed amount" enacted by section 1 of this Bill and confirms that a certificate under section 82 (6) may not be filed more than 10 years after a finding of guilt or a deemed guilty plea.
SECTION 16: [Offence Act as enacted by the Supplement to the Offence Act, amends section 14 (4)] harmonizes the wording of section 14 (4) (e) (v) of the Offence Act with the term "ticketed amount" enacted by section 1 of this Bill.
SECTION 17: [Offence Act as enacted by the Supplement of the Offence Act, amends section 14 (10.1)] requires the payment of both a fine and the related victim surcharge levy by a person who, under section 14 (10.1) of the Offence Act, is deemed to have pleaded guilty to a contravention of an enactment and harmonizes the wording of that section with section 82 of the Offence Act.
SECTION 18: [Offence Act as enacted by the Supplement to the Offence Act, amends section 15 (2.1)] confirms that only the fine portion of a "ticketed amount", as that term is enacted under section 1 of this Bill, may be disputed.
SECTIONS 19 and 20: [Offence Act as enacted by the Supplement to the Offence Act, amend section 16 (1)] harmonize the wording of section 16 (1) of the Offence Act with the term "ticketed amount" enacted by section 1 of this Bill.
SECTION 21: [Offence Act as enacted by the Supplement to the Offence Act, amends section 82.1]
SECTION 22: [Offence Act as enacted by the Supplement to the Offence Act, amends section 82.1 (2)] reflects the new subsection numbering in section 82.1 of the Offence Act arising from the amendments enacted by section 21 of this Bill.
SECTION 23: [Offence Act as enacted by the Supplement to the Offence Act, amends section 82.1] harmonizes the wording of section 82.1 (4) of the Offence Act with the term "ticketed amount" enacted by section 1 of this Bill, provides for interest to be calculated from the date of a deemed guilty plea as well as from the date of a conviction and provides for interest to be calculated on the unpaid portion of any payment required under an order made under section 82 (2) (b) of the Offence Act from the date on which payment was due.
SECTION 24: [Offence Act as enacted by the Supplement to the Offence Act, amends section 82.1 (5)] harmonizes the wording of section 82.1 (5) of the Offence Act with the term "ticketed amount" enacted by section 1 of this Bill and provides that interest will continue to accrue until the Crown receives the outstanding payment and the interest owing on it.
SECTION 25: [Offence Act as enacted by the Supplement to the Offence Act, adds section 82.1 (5.1)] provides for the application of part payments.
SECTION 26: [Supplement to the Offence Act, repeals section 11] repeals a provision made unnecessary by sections 4, 19 and 20 of this Bill.
Victims of Crime Act
SECTION 27: [Victims of Crime Act, amends section 10] clarifies that action may be taken to collect an unpaid victim surcharge levy under section 82 (7) of the Offence Act.
SECTION 28: [Victims of Crime Act as enacted by the Supplement to the Victims of Crime Act, amends section 8.1 (2)] clarifies that the obligation to pay a victim surcharge levy arises both on payment of and on becoming obligated to pay a fine.
SECTION 29: [Victims of Crime Act as enacted by the Supplement to the Victims of Crime Act, amends section 8.1]
[ Return to: Legislative Assembly Home Page ]
Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada