B.C. Reg. 151/2024, deposited June 17, 2024, under the STATUTE REVISION ACT [section 5] and CIVIL FORFEITURE ACT [section 95]. Order in Council 348/2024, approved and ordered June 17, 2024.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders the following:

(a) the revised Civil Forfeiture Act, R.S.B.C. 2024, c. 1, the official copy of which has been deposited with the Clerk of the Legislative Assembly, is brought into force as a limited revision under the Statute Revision Act;

(b) Revision Schedule 1 of the revised Civil Forfeiture Act is brought into force;

(c) the Civil Forfeiture Regulation, B.C. Reg. 164/2006, is amended as set out in the attached Schedule.

— M. FARNWORTH, Minister of Public Safety and Solicitor General and Deputy Premier; A. KANG, Presiding Member of the Executive Council.

Schedule

1 Section 1 (2) of the Civil Forfeiture Regulation, B.C. Reg. 164/2006, is repealed.

2 Section 2 (2) is amended by striking out "value," and substituting "value;" and by striking out "property, and" and substituting "property;".

3 Section 3 (2) is amended by striking out "value," and substituting "value;" and by striking out "obligation, and" and substituting "obligation;".

4 Section 3.1 is amended by striking out "section 19.04 (2) (c)" and substituting "section 53 (2) (c)".

5 Section 3.2 is amended by striking out "section 19.05 (1) (c)" and substituting "section 54 (1) (c)".

6 Section 5 is amended

(a) in subsection (1) by striking out "section 23 (1)" and substituting "section 72 (1)",

(b) by repealing subsection (2), and

(c) in subsection (3) by striking out "section 23 (3)" and substituting "section 72 (3)".

7 Section 6 is amended by striking out "a completed Form 2 set out in the Schedule" and substituting "a copy of the filed application for forfeiture".

8 Section 7 is amended

(a) in subsection (1) by striking out "section 23 (1)" and substituting "section 72 (1)", and

(b) by repealing subsection (2) and substituting the following:

(2) For the purposes of sections 72 (1) and 76.1 (1) of the Act, the director may register notice, as described in those provisions, in the personal property registry in the same manner in which a secured party may register a financing statement under the Personal Property Security Act.

9 Section 8 is repealed.

10 Section 9 is amended

(a) in subsection (2) by striking out "section 27 (1) (a) to (d)" and substituting "section 83 (1) (a) to (d)", and

(b) in subsection (5) by adding "be" after "as the case may".

11 Section 12 is amended

(a) by striking out "section 22.02 (1) (c)" and substituting "section 70 (1) (c)", and

(b) by adding the following paragraph:

(d) persons or entities engaged in dealing in virtual currencies within the meaning of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada).

12 Section 13 is amended by striking out "section 22.02 (2)" and substituting "section 70 (2)".

13 The following Parts are added:

Part 6 – Director’s Entitlement to Information

Section 67 (1) of Act – credit reporting agency and real estate organizations prescribed

14 For the purposes of the definition of "specified organization" in section 67 (1) of the Act, the following are prescribed organizations:

(a) a credit reporting agency, as defined in section 1 of the Personal Information Protection Act;

(b) the following real estate organizations:

(i) Association of Interior REALTORS;

(ii) BC Northern Real Estate Board;

(iii) Chilliwack and District Real Estate Board;

(iv) Fraser Valley Real Estate Board;

(v) Greater Vancouver REALTORS;

(vi) Powell River Sunshine Coast Real Estate Board;

(vii) Vancouver Island Real Estate Board;

(viii) Victoria Real Estate Board.

Section 67 (6) of Act – personal health information prescribed

15 (1) In this section, "personal health information" means information about an identifiable person that is in oral, physical or electronic form, or any other form, and is related to

(a) the person’s mental or physical health,

(b) the provision of health care to the person, or

(c) the health history of the person’s family.

(2) For the purposes of section 67 (6) (e) of the Act and without limiting subsection (6) (a) of that section, personal health information is prescribed.

Section 67.1 (1) of Act – credit reporting agency prescribed

16 For the purposes of the definition of "relevant organization" in section 67.1 (1) of the Act, a credit reporting agency, as defined in section 1 of the Personal Information Protection Act, is prescribed.

Part 7 – Director’s Notice of Interest

Notice of interest

17 For the purposes of section 76 (3) (e) of the Act, notice under subsections (1) and (2) (a) of that section must contain, if available, the following information:

(a) in the case of a motor vehicle, manufactured home or trailer, the vehicle identification number of the motor vehicle, manufactured home or trailer;

(b) in the case of a boat, the hull identification number of the boat;

(c) in the case of an outboard motor or aircraft, the serial number of the outboard motor or aircraft.

14 The Schedule is amended

(a) in Form 1 by striking out "section 23 (1)" and substituting "Section 72 (1)",

(b) by repealing Form 2,

(c) in Forms 3 and 4 by striking out "Section 23" and substituting "Section 72 (3)", and

(d) by repealing Forms 5 and 6 and substituting the following:

Index Page | Previous Regulation | Next Regulation | Cumulative Index Page

Copyright © 2024: King's Printer, Victoria, British Columbia, Canada