1997 Legislative Session: 2nd Session, 36th Parliament
THIRD READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


Certified correct as passed Third Reading on the 6th day of May, 1997
Ian D. Izard, Law Clerk


HONOURABLE ANDREW PETTER
MINISTER OF FINANCE AND
CORPORATE RELATIONS AND
MINISTER RESPONSIBLE FOR
INTERGOVERNMENTAL RELATIONS

BILL 4 -- 1997
CORRECTION AMENDMENT ACT, 1997

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 Correction Act, R.S.B.C. 1996, c. 74, is amended

(a) by repealing the definitions of "branch" and "commissioner",

(b) in the definition of "minister" by striking out "means the Attorney General, and", and

(c) by repealing the definition of "youth containment centre" and substituting the following:

"youth custody centre" means a youth custody centre designated under section 27 of this Act and includes

(a) a place of secure custody designated under the Young Offenders Act (Canada) by the Lieutenant Governor in Council, and

(b) a place of open custody or a place of temporary detention designated under the Young Offenders Act (Canada) by the Lieutenant Governor in Council or by a delegate of the Lieutenant Governor in Council.

2 Sections 2 to 4 are repealed and the following substituted:

Purpose

2 The purpose of this Act is to protect the community.

Staff

3 (1) Probation officers and other employees required for the purposes of this Act may be appointed under the Public Service Act.

(2) Persons appointed as described in subsection (1), except the director and employees in the office established under section 33, are peace officers while carrying out their duties under this Act and the regulations.

Temporary appointments

4 (1) Despite the Public Service Act, the minister may appoint employees required for the purposes of this Act to meet an actual or impending emergency.

(2) On request by a court and with the approval of the minister, a person may exercise the powers and discharge the duties of a probation officer without remuneration for the purposes and in the geographic area of British Columbia specified in the approval.

3 Sections 9, 14, 18 and 20 are amended by striking out "youth containment centre" wherever it appears and substituting "youth custody centre".

4 Section 22 is amended by striking out "commissioner" wherever it appears and substituting "minister".

5 Section 23 is amended

(a) by striking out "commissioner" wherever it appears and substituting "minister", and

(b) by striking out "and send to the minister".

6 Section 24 is amended by striking out "commissioner and other employees of the ministry" and substituting "employees as defined in section 1 of the Public Service Act".

7 Section 26 is amended by striking out "Attorney General must" and substituting "minister may".

8 Section 27 is repealed and the following substituted:

Designation of youth custody centres

27 The minister may designate facilities as youth custody centres.

9 Section 28 is amended

(a) by striking out "commissioner" and substituting "minister", and

(b) by repealing paragraph (e) and substituting the following:

(e) a custody program.

10 Section 29 (1) is amended by striking out "youth containment centre" and substituting "youth custody centre".

11 Section 30 is repealed and the following substituted:

Transfers and outside programs

30 (1) In this section, "adult" means an adult as defined in the Young Offenders (British Columbia) Act or in the Young Offenders Act (Canada).

(2) A young person in custody must be detained in a youth custody centre that the minister specifies.

(3) The minister may, during the period of custody, transfer the young person from one centre to another.

(4) If a young person in custody becomes an adult, the minister may transfer the person to a correctional centre to serve his or her custody order or any balance of it.

(5) The minister may permit a young person in custody

(a) to be temporarily released from custody for medical, compassionate or humanitarian reasons, or

(b) to participate in any educational, treatment or counselling program inside or outside the youth custody centre.

(6) If a young person is absent from a youth custody centre as permitted under subsection (5), the young person is subject to

(a) the rules, regulations and discipline of the centre, and

(b) any terms for his or her supervision that a person in authority at the centre imposes on the young person for the period of the absence.

12 Section 31 is repealed.

13 Section 32 is repealed and the following substituted:

Inspection of centres

32 (1) The director must inspect each youth custody centre or facility annually.

(2) Each year, the director must make a written report to the minister recommending any changes that, in the opinion of the director, should be made in the youth custody program or in a centre or facility inspected.

14 Section 33 (2) is repealed.

15 Section 34 (1) is amended

(a) in paragraph (b) by striking out "youth containment centres" and substituting "youth custody centres",

(b) in paragraph (c) by striking out "or commissioner",

(c) in paragraph (d) (ii) by striking out "youth containment centre" and substituting "youth custody centre", and

(d) by repealing paragraph (g) and substituting the following:

(g) is entitled to access at any time to

(i) a part of a centre or facility described in paragraph (b), and to a person held there,

(ii) a person appointed or approved as described in section 3 or 4, and

(iii) a file or document under the custody and control of the ministry or of a person appointed or approved as described in section 3 or 4.

16 Section 35 (2) is amended

(a) in paragraph (d) by striking out "youth containment centres" and substituting "youth custody centres", and

(b) by striking out "youth containment centre" wherever it appears and substituting "youth custody centre".

 
Consequential Amendments

 
Attorney General Act

17 Section 2 (h) of the Attorney General Act, R.S.B.C. 1996, c. 22, is repealed.

 
Child, Family and Community Service Act

18 Section 1 of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is amended in the definition of "place of confinement" by striking out "youth containment centre" and substituting "youth custody centre".

 
Community Care Facility Act

19 Section 1 of the Community Care Facility Act, R.S.B.C. 1996, c. 60, is amended in paragraph (g) of the definition of "community care facility" by striking out "youth containment centre" and substituting "youth custody centre".

 
Mental Health Act

20 Section 29 of the Mental Health Act, R.S.B.C. 1996, c. 288, is amended by striking out "youth containment centre" wherever it appears and substituting "youth custody centre".

21 Section 35 (2) is amended by striking out "youth containment centre," and substituting "youth custody centre,".

 
Victims of Crime Act

22 Section 7 (1) of the Victims of Crime Act, R.S.B.C. 1996, c. 478, is amended by striking out "The commissioner of corrections or the designate of the commissioner" and substituting "The minister charged with the administration of the Correction Act or the designate of the minister".

 
Young Offenders (British Columbia) Act

23 Section 1 of the Young Offenders (British Columbia) Act, R.S.B.C. 1996, c. 494, is amended by repealing the definition of "commissioner" and substituting the following:

"provincial director" means the provincial director for British Columbia as defined by section 1 of the Young Offenders Act (Canada); .

24 Section 11 (1) (b) (vi) is amended by striking out "commissioner" and substituting "provincial director".

25 Section 12 (3) is amended by striking out "youth containment centre" and substituting "youth custody centre".

26 Section 14 (3) is amended by striking out "commissioner." and substituting "provincial director."

27 Section 21 (3) is amended

(a) by striking out "commissioner," and substituting "provincial director,", and

(b) in paragraph (b) by striking out "youth containment centre" and substituting "youth custody centre".

Commencement

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


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