"Point in Time" Act Content

CRIMINAL RECORDS REVEIW ACT
[RSBC 1996] CHAPTER 86

Section 1 definition of "adjudicator" BEFORE repealed by 2002-52-22(a) effective July 15, 2002 (BC Reg 173/02).

"adjudicator" means an adjudicator appointed under section 25;

Section 1 definitions of "administrator" and "deputy registrar" were added by 2002-52-22(b) effective July 15, 2002 (BC Reg 173/02).

Section 1 definition of "minister" BEFORE amended by 2002-52-22(c) effective July 15, 2002 (BC Reg 173/02).

"minister", except in Part 5, means the minister charged by the Lieutenant Governor in Council with the administration of this Act;

Section 1 definition of "registrar" BEFORE amended by 2002-52-22(d) effective July 15, 2002 (BC Reg 173/02).

"registrar" means the registrar as defined in the Private Investigators and Security Agencies Act;

Section 1 definition of "employer" in paragraph (d) BEFORE amended by 2002-61-16 effective March 14, 2003 (BC Reg 78/03).

(d) a public body as defined in the Health Authorities Act or a regional health board or community health council established under that Act that operates

Section 4(1) BEFORE amended by 2002-52-23(a) effective October 1, 2002 (BC Reg 238/02).

4 (1) When the registrar receives a criminal record check authorization, the registrar must carry out a criminal record check on the individual who authorized the criminal record check.

Section 4(2) BEFORE amended by 2002-52-23(b) and (c) effective July 15, 2002 (BC Reg 173/02).

(2) If the registrar determines that the individual who is the subject of the criminal record check has an outstanding charge relating to a relevant offence or has been convicted of a relevant offence, the registrar must promptly

(a) refer the matter to an adjudicator to determine whether the conviction or outstanding charge indicates that the individual presents a risk of physical or sexual abuse to children, and

(b) notify the individual and the employer, governing body or minister referred to in Part 5, as the case may be, that the individual has an outstanding charge relating to a relevant offence or has been convicted of a relevant offence and that the matter has been referred to an adjudicator.

Section 4(3) to (5) BEFORE amended by 2002-52-23(d) and (e) effective July 15, 2002 (BC Reg 173/02).

(3) In making a determination under subsection (2) (a), the adjudicator must consider the following:

(a) whether the behaviour associated with the relevant offence would, if repeated, pose a threat of physical or sexual abuse to children;

(b) the circumstances of the offence including the age of the individual at the time of the offence and the existence of any extenuating circumstances;

(c) any other factors that the adjudicator considers relevant including, without restriction, the time elapsed since the occurrence of the offence or alleged offence, subsequent actions of the individual, the likelihood of the individual repeating a similar kind of behaviour and any attempts at rehabilitation.

(4) The adjudicator must promptly notify the following persons of the determination under subsection (2) (a):

(a) the registrar;

(b) the individual;

(c) the employer, if the individual is an employee or an applicant for employment;

(d) the governing body, if the individual is a registered member or an applicant for registration;

(e) the Minister of Women's Equality, if the individual is a child care provider or an applicant as defined in Part 5.

(5) The adjudicator must provide written reasons for the determination under subsection (2) (a) to a person referred to in subsection (4), if the person so requests.

Section 4(4)(a) BEFORE amended by 2002-52-23(e) effective July 15, 2002 (BC Reg 173/02).

(a) the registrar;

Section 4(4)(e) BEFORE amended by 2002-52-24 effective July 15, 2002 (BC Reg 173/02).

(e) the Minister of Women's Equality, if the individual is a child care provider or an applicant as defined in Part 5.

Section 5 BEFORE amended by 2002-52-25 effective July 15, 2002 (BC Reg 173/02).

Appeal

5 (1) The individual who is the subject of a criminal record check may appeal the determination of the adjudicator under section 4 by serving the registrar with written notice within 14 days after the day on which the adjudicator notifies the individual of the determination.

(2) When the registrar receives a notice within the time limited for an appeal under subsection (1), the minister must

(a) appoint an appeal panel consisting of 3 members to hear and decide the appeal, and

(b) designate one of the members as the chair of the appeal panel.

(3) On an appeal under this section, the appeal panel must review the adjudicator's determination and any records on which it was based and may, but need not, do one or both of the following in conducting the review:

(a) request additional information from the appellant;

(b) convene a hearing.

(4) After conducting a review under subsection (3), the appeal panel may, by order, confirm the determination of the adjudicator or overturn the determination and direct that the individual does not present a risk of physical or sexual abuse to children.

(5) The members of the appeal panel have the powers, protection and privileges of a commissioner under sections 12, 15 and 16 of the Inquiry Act.

(6) The appeal panel may determine its own procedures and may receive or accept evidence whether or not it would be admissible in a court of law.

(7) The appeal panel must promptly notify the following persons of the decision reached under subsection (4):

(a) the registrar;

(b) the individual;

(c) the employer, if the individual is an employee or an applicant for employment;

(d) the governing body, if the individual is a registered member or an applicant for registration;

(e) the Minister of Women's Equality, if the individual is a child care provider or an applicant as defined in Part 5.

(8) The appeal panel must provide written reasons for the decision reached under subsection (4) to a person referred to in subsection (7), if the person so requests.

Section 6(1) BEFORE amended by 2002-52-26(a) effective July 15, 2002 (BC Reg 173/02).

(1) The following persons must provide any records that an adjudicator or appeal panel may, by order, require for the purpose of making a determination under this Part with respect to an individual:

Section 6(1)(c) BEFORE amended by 2002-52-24 effective July 15, 2002 (BC Reg 173/02).

(c) the Minister of Women's Equality, if the individual is a child care provider or an applicant as defined in Part 5.

Section 6(2) BEFORE amended by 2002-52-26(b) effective July 15, 2002 (BC Reg 173/02).

(2) If an adjudicator, appeal panel or any other person is required to disclose a disposition under the Young Offenders Act (Canada) or any other information contained in youth records under that Act to an employer, governing body, or other person under this Act, that information must be disclosed only in accordance with the provisions of the Young Offenders Act (Canada).

Section 7(1), paragraph (b.1) in the definition of "post secondary institution" BEFORE repealed by 2002-35-2 effective March 31, 2003 [on repeal of 1997-54-3&4 (BC Reg 152/03)]

(b.1) the Technical University of British Columbia,

Section 7(1) definition of "municipality" BEFORE amended by 2003-52-46 effective January 1, 2004 (BC Reg 465/03, repealing 428/03)

"municipality" means a municipality as defined in the Local Government Act and includes the City of Vancouver, regional districts and improvement districts;

Section 11 BEFORE amended by 2002-52-27 effective July 15, 2002 (BC Reg 173/02).

11 If an adjudicator determines that an outstanding charge or conviction indicates that the individual presents a risk of physical or sexual abuse to children and that determination is not overturned by an appeal panel under section 5,

Section 16(1) BEFORE amended by 2002-52-27 effective July 15, 2002 (BC Reg 173/02).

(1) If an adjudicator determines that an outstanding charge or conviction indicates that the individual presents a risk of physical or sexual abuse to children and that determination is not overturned by an appeal panel under section 5, the governing body must investigate or review the individual's registration or application for registration and take appropriate action under the Act that governs the governing body.

Section 18 definitions of "applicant" and "child care provider" BEFORE amended by 2002-52-28(a) effective July 15, 2002 (BC Reg 173/02).

"applicant" means an individual who operates or who intends to operate an unlicensed family child care facility and requests registration for the facility under the Child Care Support Program administered by the Ministry of Women's Equality;

"child care provider" means an individual who operates an unlicensed family child care facility and who is registered under the Child Care Support Program administered by the Ministry of Women's Equality;

Section 18 definition of "minister" BEFORE repealed by 2002-52-28(b) effective July 15, 2002 (BC Reg 173/02).

"minister" means the Minister of Women's Equality;

Section 19(1) and (2) BEFORE amended by 2002-52-29 effective July 15, 2002 (BC Reg 173/02).

(1) The minister must ensure that every individual who requests registration as a child care provider and every child care provider undergoes a criminal record check.

(2) The minister must inform an individual of the requirements of this Act if that individual is a child care provider or requests registration as a child care provider.

Section 20(1) and (2) BEFORE amended by 2002-52-30 effective July 15, 2002 (BC Reg 173/02).

(1) When an individual applies for registration under the Child Care Support Program administered by the minister, the individual must provide a criminal record check authorization to the minister.

(2) The minister must not register an applicant who has not complied with subsection (1) and section 24.

Section 21(1) BEFORE amended by 2002-52-31 effective July 15, 2002 (BC Reg 173/02).

(1) A child care provider must provide a criminal record check authorization to the minister.

Section 21(2)(b) BEFORE amended by 2002-52-31 effective July 15, 2002 (BC Reg 173/02).

(b) the minister must revoke the registration of a child care provider who has not provided the criminal record check authorization.

Section 22(1) BEFORE amended by 2002-52-27 effective July 15, 2002 (BC Reg 173/02).

(1) If an adjudicator determines that an outstanding charge or conviction indicates that the individual presents a risk of physical or sexual abuse to children and that determination is not overturned by an appeal panel under section 5,

Section 22(1)(a) and (b) BEFORE amended by 2002-52-32 effective July 15, 2002 (BC Reg 173/02).

(a) if the individual is an applicant, the minister must not register the individual, or

(b) if the individual is a child care provider, the minister must revoke the registration of the individual under the Child Care Support Program.

Section 23 BEFORE amended by 2002-52-33 effective July 15, 2002 (BC Reg 173/02).

23 (1) If a child care provider is charged with or convicted of a relevant offence subsequent to a criminal record check, the child care provider must promptly report the charge or conviction to the minister and provide to the minister a criminal record check authorization for a further criminal record check.

(2) When the minister becomes aware that a child care provider has an outstanding charge for, or has been convicted of, a relevant offence, the minister must require the child care provider to provide a criminal record check authorization for a further criminal record check.

Section 24 BEFORE amended by 2002-52-33 effective July 15, 2002 (BC Reg 173/02).

24 A child care provider must not permit an individual who is over the age of 12, other than a parent of a child enrolled at the facility, to be ordinarily present on the premises where the unlicensed family child care facility is located, during the time that children enrolled in the facility are present, unless the child care provider has obtained a criminal record check authorization for that individual and provided it to the minister.

Section 25 BEFORE repealed by 2002-52-34 effective July 15, 2002 (BC Reg 173/02).

Appointment of adjudicator

25 The minister must appoint one or more individuals to be adjudicators for the purpose of this Act.

Section 26 BEFORE repealed by 2002-52-34 effective July 15, 2002 (BC Reg 173/02).

Remuneration for adjudicator and appeal panel

26 An adjudicator or a member of an appeal panel may be paid

(a) an allowance for reasonable travelling and incidental expenses necessarily incurred in carrying out a function under this Act, and

(b) if the member is not a member of the Legislative Assembly or a public servant, remuneration at rates set by the Lieutenant Governor in Council.

Section 27.1 BEFORE added by 2002-52-35 effective October 1, 2002 (BC Reg 238/02).

Section Not in Force

27.1 [Not in force.]

Section 27.2 was added by 2002-52-35 effective July 15, 2002 (BC Reg 173/02).

Section 29(2)(e), (f) and (g) were added by 2002-52-36 effective July 15, 2002 (BC Reg 173/02).

Copyright (c) 2004: Queen’s Printer, Victoria, British Columbia, Canada