2004 Legislative Session: 5th Session, 37th Parliament
The following electronic version is for informational
The printed version remains the official version.
HONOURABLE GEOFF PLANT
ATTORNEY GENERAL AND MINISTER
RESPONSIBLE FOR TREATY NEGOTIATIONS
|2||Solicitation in aggressive manner prohibited|
|3||Solicitation of captive audience prohibited|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 In this Act, "solicit" means to communicate, in person, using the spoken, written or printed word, a gesture or another means, for the purpose of receiving money or another thing of value, regardless of whether consideration is offered or provided in return.
2 (1) A person commits an offence if the person solicits in a manner that would cause a reasonable person to be concerned for the solicited person's safety or security, including threatening the person solicited with physical harm, by word, gesture or other means.
(2) A person commits an offence if the person engages, in a manner that would cause a reasonable person to be concerned for the solicited person's safety or security, in one or more of the following activities during a solicitation or after the solicited person responds or fails to respond to the solicitation:
(a) obstructing the path of the solicited person;
(b) using abusive language;
(c) proceeding behind or alongside or ahead of the solicited person;
(d) physically approaching, as a member of a group of 2 or more persons, the solicited person;
(e) continuing to solicit the person.
3 (1) In this section:
"commercial passenger vehicle" means a motor vehicle operated on a roadway by or on behalf of a person who charges or collects compensation for the transportation of passengers in that motor vehicle, and includes a vehicle operated by or on behalf of the British Columbia Transit Authority or the Greater Vancouver Transportation Authority to provide a regularly scheduled public passenger transportation service;
"roadway" means a highway, road, street, lane or right of way, including the shoulder of any of them, that is improved, designed or ordinarily used by the general public for the passage of vehicles;
"vehicle" includes non-motorized vehicles.
(2) Subject to subsection (3), a person commits an offence who does any of the following:
(a) solicits a person who is using, waiting to use, or departing from a device commonly referred to as an automated teller machine;
(b) solicits a person who is using, or waiting to use, a pay telephone or a public toilet facility;
(c) solicits a person who is waiting at a place that is marked, by use of a sign or otherwise, as a place where a commercial passenger vehicle regularly stops to pick up or disembark passengers;
(d) solicits a person who is in, on or disembarking from a commercial passenger vehicle;
(e) solicits a person who is in the process of getting in, out of, on or off of a vehicle or who is in a parking lot.
(3) No offence is committed under subsection (2) if the person soliciting is 5 metres or more from the following:
(a) in the case of subsection (2) (a) to (c), the automated teller machine, pay telephone, public toilet facility entrance or commercial passenger vehicle marker, as applicable;
(b) in the case of subsection (2) (d) or (e), the commercial passenger vehicle or vehicle, as applicable.
(4) A person commits an offence if the person, while on a roadway, solicits a person who is in or on a stopped, standing or parked vehicle.
Motor Vehicle Act
4 Section 182 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by adding the following subsection:
(4) Except for a person who solicits a ride in an emergency situation, a person who contravenes this section commits an offence.
5 This Act comes into force by regulation of the Lieutenant Governor in Council.
This Bill, adapted from the Safe Streets Act, Bill M 202 (2004), makes it an offence to
The Bill also consequentially amends the Motor Vehicle Act to make it an offence to
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