2001 Legislative Session: 5th Session, 36th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
No. 20
OF THE
Thursday, April 5, 2001
2 p.m.
ROUTINE BUSINESS
INTRODUCTION OF BILLS
1 Mr. Hansen to introduce a bill intituled Community Health Assets Protection Act.
ORAL QUESTION PERIOD
(15 minutes, afternoon sittings: Monday, Tuesday, Wednesday and Thursday)
PRESENTING PETITIONS
READING AND RECEIVING PETITIONS
PRESENTING REPORTS
MOTIONS ON NOTICE
WRITTEN QUESTIONS ON NOTICE
PROPOSED AMENDMENTS ON NOTICE
11 Hon. G. Bowbrick to move, in Committee of the Whole on Bill (No. 11) intituled Sex Offender Registry Act to amend as follows:
SECTION 1,
(a) in the proposed definition of "personal information" by deleting paragraph (s) and substituting the following:
(s) prescribed information that is likely to assist
(i) in confirming the identity of the offender, or
(ii) in locating the offender
for the purpose of maintaining the registry up to date; ,
(b) in paragraph (a) of the proposed definition of "sex offence" by deleting subparagraph (xi) and substituting the following:
(xi) section 173 (2) [indecent acts]; , and
(c) in the proposed definition of "sex offence" by adding the following paragraph:
(e.1) an offence under section 173 (1) [indecent acts], 177 [trespassing at night], or 279 [kidnapping/forcible confinement] of the Criminal Code but only in relation to a person whose personal information is entered into the registry in respect of that offence under section 5.1, .
SECTION 5.1, by adding the following section:
Specified sex offences
5.1 (1) Subject to subsection (2), the registrar must enter into the registry the personal information about a person convicted of or found to be not criminally responsible on account of mental disorder for an offence under section 173 (1), 177, or 279 of the Criminal Code.
(2) The registrar must not enter the personal information about a person referred to in subsection (1) into the registry if, after reviewing information respecting the circumstances of the commission of the offence, the registrar decides
(a) in the case of an offence under section 173 (1) of the Criminal Code, that the act that forms the basis of the offence
(i) was a non-sexual indecent act, or
(ii) was a consensual sexual act, or
(b) in the case of an offence under section 177 or 279 of the Criminal Code, that the offence was not committed for a sexual purpose or with a sexual motive.
(3) If the registrar decides that subsection (2) does not apply with respect to a person and enters the personal information about that person into the registry, the registrar must include with the notice to the offender under section 9, notice of the right of the offender to request a reconsideration of the registrar's decision under this subsection.
(4) An offender whose personal information has been entered into the registry under subsection (1), may request, in accordance with the regulations, the registrar to reconsider the decision made under subsection (3).
(5) The offender may include with the request under subsection (4) any written submissions or other documents the offender wishes the registrar to consider.
(6) The registrar
(a) must reconsider the decision under subsection (3) if requested to do so in accordance with subsection (4),
(b) may confirm that decision, or reverse that decision and remove the person's personal information from the registry, and
(c) must advise the person of the decision under paragraph (b) in accordance with the regulations.
SECTION 7,
(a) by deleting the proposed subsection (4) and substituting the following:
(4) Despite section 12, for the purposes of the registry, the registrar may demand from any public body, corporation, or individual named in the personal information recorded in the registry about an offender, any personal information about the offender that is in the possession or control of that public body, corporation or individual. , and
(b) in the proposed subsection (6) by deleting "a person or public body that receives a demand" and substituting "a public body, corporation or individual that receives a demand".
SECTION 8, by deleting the proposed subsection (2) and substituting the following:
(2) Despite any other enactment but subject to subsection (3), if satisfied in accordance with subsection (1), the court may order any public body, corporation, or individual named in the personal information recorded in the registry about an offender, to provide to the registrar in the time and manner the court specifies, any information that
(a) is in any record in the possession or control of that public body, corporation or individual, and
(b) discloses personal information about the offender.
(2.1) For the purpose of an application under subsection (1), a certificate purporting to have been issued by the registrar certifying the names of the individuals named in the personal information recorded in the registry about an offender is admissible without proof of the signature or official character of the person appearing to have signed the document, and is proof of the certified facts unless there is evidence to the contrary.
SECTION 10, by adding the following subsections:
(2.1) An information-sharing agreement or arrangement entered into under this section must include the prescribed terms and conditions, and provisions that have the following effects:
(a) that any use made by a party to the agreement or arrangement of the personal information collected under the agreement or arrangement will be for the purpose for which it was obtained or compiled by British Columbia or for a use consistent with that purpose as defined under section 34 of the Freedom of Information and Protection of Privacy Act;
(b) that any disclosure of the personal information collected from British Columbia by a party to the agreement or arrangement will be in substantial compliance with section 12 of this Act.
(2.2) An information-sharing agreement or arrangement entered into under this section may not agree to share personal information
(a) about an offender referred to in paragraph (d) of the definition of "offender" in section 1, or
(b) referred to in paragraph (l) or (m) of the definition of "personal information" in that section.
SECTION 21, in the proposed subsection (2) by adding the following paragraph:
(b.1) prescribing practices and procedures for a reconsideration under section 5.1;
(b.2) prescribing terms and conditions that must be included in an information-sharing agreement or arrangement under section 10; .
ORDERS OF THE DAY
THRONE SPEECH DEBATE
(Mr. Campbell adjourned the debate.)
COMMITTEE OF SUPPLY
PUBLIC BILLS AND ORDERS AND GOVERNMENT MOTIONS ON NOTICE
THIRD READING
COMMITTEE
ADJOURNED DEBATE ON SECOND READING
SECOND READING
PRIVATE BILLS
PRIVATE MEMBERS' STATEMENTS
(Wednesday)
PUBLIC BILLS IN THE HANDS OF PRIVATE MEMBERS
COMMITTEE
SECOND READING
ADJOURNED DEBATE ON OTHER MOTIONS
E. GEORGE MacMINN, Q.C.
Clerk of the Legislative Assembly
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