Vol. 67, No. 13 – B.C. Reg. 180/2024

Volume 67, No. 13
180/2024

The British Columbia Gazette, Part II
July 16, 2024

B.C. Reg. 180/2024, deposited July 5, 2024, under the MISCELLANEOUS STATUTES AMENDMENT ACT, 2022 [section 16] and OFFENCE ACT [section 132 (2)]. Order in Council 403/2024, approved and ordered July 5, 2024.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective July 5, 2024,

(a) section 3 of the Miscellaneous Statutes Amendment Act, 2022, S.B.C. 2022, c. 14, is repealed,

(b) the Fines Enforcement Regulation, B.C. Reg. 187/96, is amended as set out in the attached Schedule 1, and

— N. SHARMA, Attorney General; L. BEARE, Presiding Member of the Executive Council.

Schedule 1

1 Section 1 of the Fines Enforcement Regulation, B.C. Reg. 187/96, is amended by adding the following definition:

"Yuułuʔiłʔatḥ" means the Ucluelet First Nation as defined in section 29.1.1 of the Maa-nulth First Nations Final Agreement.

2 Section 2 is amended

(a) by renumbering it as section 2 (1),

(b) by striking out "are designated for the purpose of filing certificates under section 82 (6) of the Act" and substituting "are designated for the purpose of filing certificates under section 82 (6) of the Act respecting fines, victim surcharge levies and ticketed amounts payable to the government, a municipality or a regional district", and

(2) For the purposes of section 132 (2) (f) of the Act, the following persons are designated for the purpose of filing certificates under section 82 (6) of the Act respecting fines and ticketed amounts payable to the treaty first nation:

(a) Tsawwassen First Nation;

(b) Huu-ay-aht First Nations;

(d) Toquaht Nation;

(e) Uchucklesaht Tribe;

(f) Yuułuʔiłʔatḥ;

(g) Tla’amin Nation.

3 Section 3 and the certificate attached to that section are repealed and the following substituted:

Forms of certificates

3 For the purposes of section 82 (6) of the Act, the following certificates are prescribed:

(a) the certificate respecting fines, victim surcharge levies and ticketed amounts payable to the government, a municipality or a regional district is the certificate attached as Appendix A;

(b) the certificate respecting fines and ticketed amounts payable to a treaty first nation is the certificate attached as Appendix B.

Appendix A

Appendix B

Schedule 2

1 Section 2 of the Offence Act Forms Regulation, B.C. Reg. 422/90, is amended

(a) in subsection (1) by striking out "other than a violation ticket that is an eTicket" and substituting "other than a violation ticket that is an eTicket or a violation ticket issued under a treaty first nation law",

(b) in subsection (2) by striking out "The instructions" and substituting "Except in the case of a violation ticket issued under a treaty first nation law, the instructions", and

(c) in subsection (3) by striking out "other than a violation ticket that is an eTicket" and substituting "other than a violation ticket that is an eTicket or a violation ticket issued under a treaty first nation law".

2 Section 3 is amended by striking out "shall" and substituting "must".

3 Section 4 is amended by striking out "shall" and substituting "must".

4 Section 5 is amended by striking out "shall" and substituting "must".

5 Section 6 is amended by repealing subsections (1) and (2) and substituting the following:

(1) Subject to subsection (1.1), an affidavit under section 15 (10) of the Act must be in Form F.

(1.1) In the case of a violation ticket issued under a treaty first nation law, an affidavit under section 15 (10) of the Act must be in Form F.1.

(2) Subject to subsection (2.1), an affidavit under section 16 (2) of the Act must be in Form G.

(2.1) In the case of a violation ticket issued under a treaty first nation law, an affidavit under section 16 (2) of the Act must be in Form G.1.

6 The following forms are added:

Form F.1

Form G.1

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