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Youth Justice Act

[SBC 2003] CHAPTER 85

Assented to November 17, 2003

Contents
 1 Definitions
Part 1 — Offence Proceedings Against Young Persons
 2 No proceedings against a child
 3 Application of this Part
 4 Application of other legislation
 5 Notice to parents
 6 Pretrial examination and report
 7 Pre-sentence report
 8 Sentence
 9 Effective date of sentence
 10 Sentence — conditional discharge or probation order
 11 Sentence — fines
 12 Sentence — community work
 13 Sentence — custody
 14 Sentence — driving prohibition
 15 Review of sentence by court
 16 Transfer of sentence
 17 Offence of failing to comply with sentence
 18 Appeals
 19 Proof of age
 20 Effect of proceedings if age incorrectly presumed
 21 Destruction of documents
 22 Notices
 23 Forms
Part 2 — Youth Probation Officers and Youth Justice Staff
 24 Youth probation officers and other officers and employees
 25 Powers and duties of youth probation officers
 26 Protection of officials in duties
 27 Repealed
Part 3 — Youth Justice Programs
 28 Programs for young persons
Part 4 — Youth Custody
 Division 1 — Receiving and Moving Young Persons in Custody
 29 Certificate of health on receipt at youth custody centre
 30 Care of youth admitted to custody centre
 31 Receiving and moving young persons in custody
 32 Detention agreements
 Division 1.1 — Security Measures
 32.1 Search of young persons
 32.2 Search and detention of visitors
 32.3 Search and detention of staff members
 32.4 Search of vehicles
 32.5 Young person communication
 Division 2 — Contraband, Trespassing and Seizure
 33 Contraband and trespassing offences
 34 Powers of seizure and disposition of things seized
 Division 3 — Reintegration Leave, Day Absences and Employment
 35 Reintegration leave and day absences
 36 Wages for employment
 Division 4 — Inspection and Investigation
 37 Inspection of youth custody centres
 38 Investigations
 38.1 Contempt proceeding for uncooperative person
 38.2 Immunity protection
 39 Offence of obstructing inspections and investigations
 Division 5 — Unlawfully At Large
 40 When a young person is at large without lawful excuse
Part 5 — General
 41 Complaints process
 42 Delegation of powers, duties and functions
 43 Section 5 of Offence Act does not apply
 44 Power to make regulations
 45 Transitional — Young Offenders (BC) Act records
 46 Transitional — dispositions made under Young Offenders (BC) Act
 47–88 Consequential and Related Amendments
 89 Commencement

Definitions

1  In this Act:

"adult" means a person who has reached 18 years of age;

"authorized person" means the person in charge of the youth custody centre and includes

(a) a staff member designated by the person in charge of the youth custody centre to exercise the powers and perform the duties and functions under section 32.1, 32.2, 32.3, 32.4, 32.5 or 34, and

(b) a member of a class of persons designated by the person in charge of the youth custody centre to exercise the powers and perform the duties and functions under section 32.1, 32.2, 32.3, 32.4, 32.5 or 34;

"contraband" means any of the following:

(a) an intoxicant;

(b) if possessed without prior authorization, a weapon, any component of a weapon or ammunition for a weapon, or anything that is designed to kill, injure or disable or is altered so as to be capable of killing, injuring or disabling;

(c) an explosive or bomb, or any component of an explosive or bomb;

(d) if possessed without prior authorization, any currency;

(e) if possessed without prior authorization, tobacco leaves or any products produced from tobacco in any form or for any use;

(f) if possessed without prior authorization, any other substance or thing that, in the opinion of the person in charge of a youth custody centre, may threaten the management, operation, discipline or security of, or safety of persons in, the youth custody centre;

"correctional centre" has the same meaning as in the Correction Act;

"federal Act" means the Youth Criminal Justice Act (Canada);

"federal offence" means an offence as defined by the federal Act;

"offence" means the contravention of an enactment;

"parent" includes a person who, in respect of a young person,

(a) is under a legal duty to support, maintain or care for the young person, or

(b) has, in law or fact, the custody or control of the young person,

but does not include a person who has the custody or control of the young person only because of proceedings under this Act or the federal Act;

"provincial director" means a provincial director for British Columbia as defined in section 2 (1) of the federal Act;

"sentence" means,

(a) in Part 1, a sentence imposed under section 8 (2) or (3) and includes an order made on a review under section 15 (8), and

(b) in Part 3 or Part 4, a sentence referred to in paragraph (a) or a sentence imposed under the federal Act;

"staff member" means a person holding an appointment under section 24 (1) and employed in a youth custody centre;

"violation ticket" has the same meaning as in section 1 of the Offence Act;

"young person" means a person who has reached 12 years of age but is less than 18 years of age;

"young person communication" means communication by mail or electronic means between a young person and another person, other than a privileged communication specified under section 44 (2) (l.2);

"youth custody centre" means a place of custody designated under the federal Act by the Lieutenant Governor in Council or a delegate of the Lieutenant Governor in Council;

"youth probation officer" means a person appointed as a youth probation officer under section 24 (1) (a).

Part 1 — Offence Proceedings Against Young Persons

No proceedings against a child

2  Despite any other enactment,

(a) proceedings must not be commenced against a person for, and

(b) a person must not be found guilty of,

an offence which the person was alleged to have committed when the person was less than 12 years of age.

Application of this Part

3  (1) If a young person is alleged to have committed an offence, proceedings may be commenced against the young person as provided in an enactment, and, except as otherwise provided for in this Act, the proceedings must be conducted in accordance with that enactment.

(2) Subsection (1) applies even if the young person becomes an adult

(a) before or after proceedings have been commenced, or

(b) during the period of time when the young person is subject to a sentence.

Application of other legislation

4  (1) If proceedings are commenced respecting an offence alleged to have been committed by a young person, sections 27, 110 to 112, 114 to 116, 118 to 127, 129 and 148 to 151 of the federal Act, and any other provisions of that Act prescribed by the Lieutenant Governor in Council, apply to those proceedings, and sections 57 (2), 68 (a), 79, 88 (2) and 112 of the Offence Act do not apply to those proceedings.

(2) For the purposes of subsection (1), the reference to "peace officer" in section 119 (1) (g) of the federal Act includes a conservation officer as defined in section 1 (1) of the Environment Management Act.

(3) If this Part provides that an Act or an Act of Canada applies, it applies with the necessary changes and so far as applicable.

Notice to parents

5  (1) Subject to subsections (2) and (3), if a young person charged with an offence is required by court process to appear in court, the person who issued the process must as soon as possible give to a parent of the young person, if a parent is available, written notice of the charge against the young person and the time and place of the young person's court appearance.

(2) Subsection (1) does not apply if the proceedings in respect of the offence are commenced by means of a violation ticket.

(3) If a young person is arrested and detained in custody until an appearance in court, the officer in charge at the time the young person is detained must as soon as possible give to a parent of the young person, if a parent is available, written or oral notice of the arrest stating the place of detention and the reason for the arrest.

(4) Failure to give the notice required in subsection (1) or (3) does not affect the validity of the proceedings against the young person.

Pretrial examination and report

6  (1) A prosecutor may request a youth probation officer, or another person or agency designated by a provincial director for the purpose of this section, to examine and report to the prosecutor, before the trial commences, the facts and circumstances of a case in which a young person is charged with or alleged to have committed an offence or a federal offence, including information respecting the young person's background.

(2) Subject to subsection (3), the youth probation officer, person or agency referred to in subsection (1) must, before the trial commences,

(a) examine the facts and circumstances referred to in subsection (1), and

(b) submit a report to the prosecutor.

(3) If the case referred to in subsection (1) is one in which the young person is not charged with or alleged to have committed any federal offence, the requirements of subsection (2) do not apply unless the youth probation officer, person or agency has consented to conducting the examination.

(4) A youth probation officer, person or agency referred to in this section is not a competent or compellable witness in any proceeding before a court respecting any information obtained under this section.

(5) If, after the examination, the youth probation officer, person or agency under this section is of the opinion that it is in the best interests of the young person and not contrary to the public interest that action other than a prosecution of the young person be taken, the youth probation officer, person or agency must recommend it to the prosecutor.

(6) If a young person is not prosecuted on the recommendation of a youth probation officer, person or agency referred to in this section, the youth probation officer, person or agency may enter into an arrangement with the young person to assist in resolving the young person's conflict with the law.

Pre-sentence report

7  (1) A court that finds a young person guilty of an offence

(a) may, if it considers it necessary, and

(b) must, before making a custody order under section 8 (2) (e),

require a youth probation officer to provide the court with a pre-sentence report respecting the facts and circumstances of the offence, including information respecting the young person's background.

(2) Despite subsection (1) (b), the court may, with the consent of the prosecutor and the young person or his or her counsel, dispense with a pre-sentence report if the court is satisfied that the report is not necessary.

(3) In requiring a pre-sentence report under subsection (1), the court may specify that the youth probation officer

(a) give the report orally in person or, if the technology is available and the probation officer consents, by any technological means that allows the court, the parties and the youth probation officer to communicate simultaneously, or

(b) submit the report in writing.

(4) If the court does not specify under subsection (3) the means or manner in which the pre-sentence report is to be provided, the probation officer may provide the report orally or in writing as the probation officer considers appropriate in the circumstances.

(5) A youth probation officer is not a compellable witness in any proceeding before a court respecting any information obtained under this section except for purposes of a sentence, a review of a sentence or an appeal of a sentence respecting the specific offence.

Sentence

8  (1) If a court finds a young person guilty of an offence, the court must impose a sentence consisting of one or more of the orders described under subsection (2) or (3) and no other orders.

(2) The court may do one or more of the following in relation to a young person guilty of an offence:

(a) direct that the young person be given an absolute discharge or, subject to section 10, be given a conditional discharge, if

(i)   the offence is not one for which a minimum penalty is required to be imposed on an adult convicted of that offence, and

(ii)   the court considers it to be in the best interest of the young person and not contrary to the public interest;

(b) subject to section 11, impose on the young person a fine of not more than $1 000 to be paid at the time and on the terms that the court specifies in the order;

(c) subject to section 12, order the young person to do all of the following:

(i)   perform community services to a maximum of 240 hours within a specified period of not longer than one year and on terms the court specifies in the order;

(ii)   report to and be supervised by a provincial director or another person designated by the court for this purpose;

(d) subject to section 10, order the young person to be placed on probation for a specified period of not longer than 6 months;

(e) subject to section 13, commit the young person to custody for a specified period of not more than 30 days if the offence is

(i)   under section 17 (1) [failure to comply with a youth sentence] or 33 (a), (b), (c) or (d) [contraband in or trespass of a youth custody centre] of this Act,

(ii)   under section 21 (a), (b), (c) or (d) of the Correction Act [contraband in or trespass of a correctional centre],

(iii)   under section 17 (1) of the Mental Health Act [unlawfully assists, aids or counsels a patient in leaving a mental health facility], or

(iv)   under section 177 (3) of the School Act as it relates to a contravention of section 177 (2) of that Act [trespassing on school grounds];

(f) subject to section 13, commit the young person to custody for a specified period of not more than 90 days if the offence is

(i)   under section 102 (1) (a) or (e) of the Child, Family and Community Service Act [contravening protective intervention orders or restraining orders], or

(ii)   under section 95 (1), 102 or 234 (1) of the Motor Vehicle Act [driving while prohibited or suspended];

(g) subject to subsection (4) and section 14, if the offence is under the Motor Vehicle Act, prohibit the young person from driving a motor vehicle for a specified period.

(3) Subject to section 14, if the young person is found guilty of an offence under section 100 of the Motor Vehicle Act, the court must make an order prohibiting the young person from driving a motor vehicle for a period of 2 years.

(4) If a young person is found guilty of an offence under section 83 of the Motor Vehicle Act, the court must not prohibit the person from driving a motor vehicle under subsection (2) (g) of this section.

(5) The court must not impose a sentence that results in punishment being imposed on a young person that is greater than the maximum punishment that could be imposed on an adult convicted of the same offence.

(6) Section 730 of the Criminal Code applies to an absolute or conditional discharge order made under this Act.

Effective date of sentence

9  (1) Subject to this section, a sentence is effective on the date on which it is imposed by the court.

(2) If a young person in respect of whom an order under section 8 (2) (c) or (d) [community service or probation] is made is already committed to custody to be served continuously, either under the federal Act or this Act, the order is effective on the date the period of custody expires.

Sentence — conditional discharge or probation order

10  (1) In an order for a conditional discharge under section 8 (2) (a) or a probation order under section 8 (2) (d), the court

(a) must require the young person to

(i)   keep the peace and be of good behavior, and

(ii)   appear before the court when required by the court to do so, and

(b) may require the young person to do one or more of the following that the court considers appropriate in the circumstances:

(i)   report to and be under the supervision of a youth probation officer or other person designated by the court;

(ii)   notify the court, the provincial director or a youth probation officer assigned to the young person's case of a change in the young person's address or a change in the young person's place of employment, education or training;

(iii)   remain within British Columbia;

(iv)   make reasonable efforts to obtain and maintain suitable employment;

(v)   attend a school or other place of education, training or recreation with the prior consent of the officials of the school or place;

(vi)   reside with a parent, or with an adult whom the court considers appropriate, who is willing to provide for the care and maintenance of the young person;

(vii)   reside in a place the provincial director specifies;

(viii)   make restitution to an aggrieved or injured person for the actual loss or damage caused by the commission of the offence;

(ix)   comply with any other conditions set out in the order that the court considers appropriate, including conditions for securing the young person's good conduct and for preventing the young person from repeating the offence or committing other offences.

(2) If a young person is required, by an order for a conditional discharge or a probation order, to appear before the court, the court must give a notice to appear, or require that a notice of appearance be given, to the young person.

(3) If a young person does not appear at the time and place named in a notice under subsection (2), the court may issue a warrant to compel the young person's appearance.

Sentence — fines

11  The court may, on an application made without notice to anyone, extend the time for payment of a fine imposed under section 8 (2) (b).

Sentence — community work

12  The court must not require a young person to perform community services under section 8 (2) (c) unless

(a) the community services are part of a community service program under section 28 (1) (b) or are otherwise approved by a provincial director for this purpose, and

(b) the court considers that

(i)   the young person is a suitable person to perform the community services, and

(ii)   the terms of the sentence do not interfere with the normal hours of work or education of the young person.

Sentence — custody

13  (1) A young person who is committed to custody under section 8 (2) (e) or (f) is committed to custody to be served continuously.

(2) If the court commits a young person to custody under section 8 (2) (e) or (f), the court must issue or require the issue of a warrant of committal.

(3) Subject to sections 29 [certificate of health] and 31 [receiving and moving young persons in custody], a young person in custody under a court order must be

(a) detained in a youth custody centre that the provincial director specifies, and

(b) held separate and apart from an adult who, as an adult, is charged with or convicted of an offence or a federal offence.

Sentence — driving prohibition

14  If the court makes an order prohibiting a young person from driving a motor vehicle under section 8 (2) (g) or (3), the court must order that the prohibition

(a) continue for the full day of each day of the prohibition, and

(b) continue for consecutive days.

Review of sentence by court

15  (1) On the application of a young person, of a parent of the young person or of the Attorney General, the court may review the young person's sentence if the court considers such a review to be appropriate in the circumstances.

(2) An application under subsection (1) may be made

(a) at any time after

(i)   3 months after the date of the sentence, or

(ii)   in the case of a sentence of custody under section 8 (2) (e) or (f), the greater of the following has been served:

(A)  15 days of the sentence;

(B)  one third of the sentence, or

(b) with leave of the court, before the times described in paragraph (a) (i) or (ii).

(3) If the application under subsection (1) is for the review of a prohibition made under section 8 (2) (g) or (3) against driving a motor vehicle, the court may review the sentence only if the terms of the sentence are adversely affecting the young person's opportunities to obtain counselling, medical services, education or employment.

(4) Unless otherwise ordered by the court, an applicant who requests a review under subsection (1) must give at least 5 days' written notice of the application to

(a) the young person,

(b) a parent of the young person, if one is available,

(c) the Attorney General, by serving the notice on the office of Crown Counsel located nearest to the place where the sentence was made, and

(d) the provincial director, by serving the notice on

(i)   the office of the youth probation officer who is supervising the young person, or

(ii)   the person in charge of the youth custody centre where the young person is held in custody.

(5) The applicant under subsection (4) must use a method of service that provides proof of delivery of the notices under subsection (4) (c) and (d).

(6) Before reviewing a sentence, the court may require a youth probation officer to make a progress report on the performance of the young person for the period since the sentence was made.

(7) The court may issue a summons or warrant to compel a young person to appear before the court for purposes of the review.

(8) After affording the young person, a parent of the young person and the Attorney General an opportunity to be heard on a review, the court may confirm, rescind or vary the sentence or make a new sentence.

(9) If the court varies a sentence or makes a new sentence under subsection (8),

(a) the court must not make an order which is more onerous than that of the sentence under review, and

(b) sections 8 (2), (4) and (5), 13 and 14 apply.

(10) If a sentence, or the finding of guilt leading to a sentence, is under appeal, the court must not review the sentence until the appeal has been disposed of.

Transfer of sentence

16  (1) If

(a) a sentence has been made in respect of a young person, and

(b) the young person or a parent with whom the young person resides is or becomes a resident of a reciprocating province,

on the application of the Attorney General, of the young person or of the parent, the court may transfer the sentence to the Attorney General in the reciprocating province.

(2) A sentence must not be transferred to a reciprocating province under this section until

(a) the time for an appeal against

(i)   the sentence, or

(ii)   the finding on which the sentence was based

has expired,

(b) all proceedings in respect of an appeal, if taken, have been completed, or

(c) the appeal has been abandoned.

(3) If

(a) a sentence has been made in respect of a young person by a court in a reciprocating province, and

(b) a certified copy of the sentence has been transmitted by the proper officer of the reciprocating province to the Attorney General,

the Attorney General must send the certified copy of the sentence for registration to the Provincial Court.

(4) A sentence registered under subsection (3) has the same effect as, and subject to this Act all proceedings may be taken on it as if it had been, a sentence originally obtained in the Provincial Court, and the court has the power to enforce, review and vary the order accordingly.

(5) The Attorney General may, by order, declare a province to be a reciprocating province for purposes of this section.

Offence of failing to comply with sentence

17  (1) A young person who fails or refuses to comply with a sentence or any term or condition of it, other than a sentence referred to in subsection (2), commits an offence.

(2) A young person who drives a motor vehicle on a highway or industrial road while the young person is prohibited by a sentence from driving commits an offence under section 102 of the Motor Vehicle Act.

Appeals

18  The appeal provisions of the Offence Act apply to this Part.

Proof of age

19  Information recorded anywhere on a violation ticket respecting the age of the person alleged to have committed an offence is proof of the age of the person.

Effect of proceedings if age incorrectly presumed

20  (1) If

(a) proceedings are commenced against a person who is alleged to have been a young person at the time the offence was committed, and

(b) it is determined, at any time before a sentence is rendered in the matter, that the person against whom the charge was brought was not a young person at the time of the alleged offence,

the proceedings must be

(c) dismissed if the person is determined to have been less than 12 years of age at the relevant time, or

(d) continued if the person is determined to have been an adult at the relevant time, except that this Part no longer applies to the proceedings.

(2) Proceedings continued under subsection (1) (d) are valid even though the matter was dealt with under this Part before the person's age was determined.

(3) If

(a) proceedings are commenced against a person who was not alleged to have been a young person at the time the offence was committed, and

(b) it is determined, at any time before a sentence is rendered in the matter, that the person against whom the charge was brought was a young person at the time of the alleged offence,

the proceedings must be continued, except that they must be continued under this Part.

(4) Proceedings continued under subsection (3) are valid even though the matter was not dealt with under this Part before the person's age was determined.

Destruction of documents

21  Despite the Document Disposal Act, records created or maintained under this Part in respect of an offence committed by a young person may be destroyed after the expiration of

(a) a sentence made in respect of that specific offence, or

(b) if the Lieutenant Governor in Council prescribes another period of time, that prescribed period.

Notices

22  A notice required to be given under section 5 (1) or 10 (2) may be given by registered mail or any other method of service that provides proof of delivery.

Forms

23  (1) If forms are not prescribed under section 44 (2) (a) of this Act, the forms set out in the Offence Act, the federal Act and in Part XXVIII of the Criminal Code may be used with modifications that the circumstances require for the purposes of this Part.

(2) If varied to suit specific circumstances, prescribed forms or forms used under subsection (1) are valid in the circumstances for which they are provided.

Part 2 — Youth Probation Officers and Youth Justice Staff

Youth probation officers and other officers and employees

24  (1) The minister may appoint

(a) persons, or persons within a class of persons, to be youth probation officers, and

(b) other officers and employees the minister considers necessary to exercise powers and perform duties under this Act and the federal Act.

(2) In an appointment under subsection (1), the minister may

(a) limit the powers and duties that a person, officer or employee may exercise under this Act or the federal Act, and

(b) make the appointment subject to terms and conditions.

(3) Persons, officers and employees appointed to exercise powers and perform duties under this Act or the federal Act are peace officers while exercising those powers and performing those duties.

Powers and duties of youth probation officers

25  Subject to any limitations, terms and conditions imposed on the appointment under section 24 (2), a youth probation officer

(a) is a youth probation officer for all of British Columbia,

(b) is an officer of every court in British Columbia,

(c) is designated a youth worker for purposes of the Youth Criminal Justice Act (Canada),

(d) must prepare reports for the court as the court may order,

(e) has power to procure and report information for the court in respect of a young person,

(e.1) has the powers and duties of a probation officer under section 4 of the Correction Act, as applicable and required, and

(f) has the additional powers prescribed by regulation under section 44 (2) (d).

Protection of officials in duties

26  (1) No action for damages lies or may be brought against a person holding an appointment under section 24 (1) (a) or (b) because of anything done or omitted

(a) in the performance or intended performance of a duty under this Act, or

(b) in the exercise or intended exercise of a power under this Act,

unless the thing was done or omitted in bad faith.

(2) Subsection (1) does not absolve the government from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.

Repealed

27  [Repealed 2004-46-39.]

Part 3 — Youth Justice Programs

Programs for young persons

28  (1) The minister may establish programs or services for or related to young persons, including but not limited to one or more of the following:

(a) an alternative measures or extrajudicial sanctions program;

(b) a community service program;

(c) a restitution or compensation program;

(d) a victim and offender mediation or reconciliation program;

(e) a day or residential attendance program;

(f) a community supervision program;

(g) an intensive support and supervision program;

(h) a pretrial bail supervision or hostel program;

(i) a pretrial detention program;

(j) an open or secure custody program;

(k) a youth custody incentive or monetary program;

(l) any other program or service that provides for the administration and supervision of young persons who are subject to sentences.

(2) The Labour Relations Code, the Public Service Labour Relations Act and the Employment Standards Act do not apply to young persons in respect of or due to their participation in any program or service under this Act.

(3) Subject to section 37 [inspection of youth custody centres], the minister may provide for the inspection of the programs and services referred to in subsection (1) on a periodic basis that the minister considers appropriate in the circumstances.

(4) For the purpose of inspections under subsection (3), section 37 applies with all the necessary changes.

Part 4 — Youth Custody

Division 1 — Receiving and Moving Young Persons in Custody

Certificate of health on receipt at youth custody centre

29  (1) The person in charge of a youth custody centre is not required to accept a young person into custody under a warrant of committal unless a certificate of a medical practitioner or nurse practitioner certifies for that young person all of the following:

(a) the state of health of the young person;

(b) that the young person is fit for transfer;

(c) that the young person is free from infectious or contagious disease.

(2) A young person sentenced to custody in, or ordered by competent authority to be conveyed to, a youth custody centre from any other jail, prison or lockup may remain and be kept in lawful custody, in the jail, prison or lockup from which the young person was sentenced or ordered to be conveyed, until the certificate of health required by this section has been provided.

Care of youth admitted to custody centre

30  A young person who is admitted to a youth custody centre is subject to the care, control and custody of the government, and all rights and powers of care, control and custody of a parent or guardian over the young person cease until that young person is released on completion of his or her term of custody under the court order.

Receiving and moving young persons in custody

31  (1) Each youth custody centre may receive young persons from any part of British Columbia.

(2) A provincial director may, during a young person's period of custody, transfer the young person from one youth custody centre to another.

(3) If a young person committed to custody under section 8 (2) (e) or (f) becomes an adult, a provincial director may transfer the person to a correctional centre to serve his or her custody order or any balance of it.

Detention agreements

32  (1) On behalf of the government, the minister may enter into an agreement with a municipality, for the detention in a youth custody centre of persons whose detention is chargeable to the municipality, on terms for reimbursement of expenses as may be mutually agreeable.

(2) Agreements similar to those authorized under subsection (1) may be made for reimbursing municipalities for the expenses of detention in a municipal lockup of persons from in or outside the municipality whose detention is chargeable to the government.

(3) All persons lawfully acting under any agreement referred to in subsection (1) or (2) have full authority to detain persons and are empowered to do so.

(4) Lockups and other institutions used for the purpose of agreements made under this section are places of detention for the purposes and localities specified in the agreement.

Division 1.1 — Security Measures

Search of young persons

32.1  (1) On admission, entry or return of a young person to a youth custody centre, an authorized person must conduct a search of the young person and any personal possessions, including clothing, that the young person may be carrying or wearing.

(2) For the purpose of detecting contraband, the authorized person may without individualized suspicion conduct periodic searches of

(a) a young person and any personal possessions, including clothing, that the young person may be carrying or wearing, and

(b) the young person's room and its contents.

(3) If an authorized person believes on reasonable grounds that a young person may be in possession of contraband or evidence relating to an offence under section 33, the authorized person may conduct a search of any of the following, as necessary in the circumstances:

(a) the young person and any personal possessions, including clothing, that the young person may be carrying or wearing;

(b) the young person's room and its contents.

(4) A search under subsection (1) or (3) may include a strip search conducted in accordance with the regulations.

(5) A strip search of a young person must be conducted by an authorized person of the same sex as the young person unless the delay that would be caused by complying with this requirement would result in danger to human life or safety.

Search and detention of visitors

32.2  (1) Subject to subsection (2), an authorized person may, for security or safety purposes and without individualized suspicion, conduct routine searches of a visitor entering or leaving or in the youth custody centre and of any personal possessions, including clothing, that the visitors may be carrying or wearing.

(2) If a visitor refuses to undergo a search under subsection (1), the authorized person may

(a) prohibit a contact visit with a young person and authorize a non-contact visit, or

(b) request the visitor to leave the youth custody centre immediately.

(3) A visitor must comply with a request made under subsection (2) (b).

(4) If an authorized person believes on reasonable grounds that a visitor is carrying contraband or is in possession of evidence relating to an offence under section 33,

(a) the authorized person may, with the visitor's consent, conduct a search of the visitor and any personal possessions, including clothing, that the visitor may be wearing or carrying, in order to find the contraband or evidence, or

(b) the person in charge of the youth custody centre may authorize the detention of the visitor in order to obtain the services of the police.

(5) With the visitor's consent, a search under subsection (4) (a) may include a strip search conducted in accordance with the regulations.

(6) A strip search of a visitor must be conducted by an authorized person of the same sex as the visitor unless the delay that would be caused by complying with this requirement would result in danger to human life or safety.

(7) If contraband or evidence relating to an offence under section 33 is found in a search under subsection (1) or (4) (a) of this section, the person in charge of the youth custody centre may authorize the further detention of the visitor in order to obtain the services of the police.

(8) A person detained under this section must

(a) be informed promptly of the reasons for the detention and of his or her right to retain and instruct counsel, and

(b) be given a reasonable opportunity to retain and instruct counsel.

Search and detention of staff members

32.3  (1) In this section, "staff member" includes a person providing a service in a youth custody centre under a contract with the minister.

(2) An authorized person may without individualized suspicion conduct

(a) routine searches, authorized for security or safety purposes by the person in charge of the youth custody centre, of staff members entering or leaving or in the youth custody centre and of any personal possessions, including clothing, that staff members may be carrying or wearing, and

(b) random searches, authorized for security or safety purposes by the person in charge of the youth custody centre, of staff members' lockers.

(3) A staff member must not impede or obstruct an authorized person conducting a search under subsection (2).

(4) If an authorized person believes on reasonable grounds that a staff member is carrying contraband or is in possession of evidence relating to an offence under section 33,

(a) the authorized person may, with the staff member's consent, conduct a search of the staff member, the staff member's locker in the youth custody centre and any personal possessions, including clothing, that the staff member may be wearing or carrying, in order to find the contraband or evidence, or

(b) the person in charge of the youth custody centre may authorize the detention of the staff member in order to obtain the services of the police.

(5) With the staff member's consent, a search under subsection (4) (a) may include a strip search conducted in accordance with the regulations.

(6) A strip search of a staff member must be conducted by an authorized person of the same sex as the staff member unless the delay that would be caused by complying with this requirement would result in danger to human life or safety.

(7) If contraband or evidence relating to an offence under section 33 is found in a search under subsection (2) or (4) (a) of this section, the person in charge of the youth custody centre may authorize the further detention of the staff member in order to obtain the services of the police.

(8) A person detained under this section must

(a) be informed promptly of the reasons for the detention and of his or her right to retain and instruct counsel, and

(b) be given a reasonable opportunity to retain and instruct counsel.

Search of vehicles

32.4  (1) An authorized person may without individualized suspicion conduct routine visual inspections or searches of vehicles that are on the property of a youth custody centre.

(2) If an authorized person believes on reasonable grounds that a vehicle entering, leaving or on the property of a youth custody centre has been used, is about to be used or is being used in the commission of an offence under section 33, the authorized person may conduct a search of the vehicle and its contents in accordance with the regulations.

Young person communication

32.5  (1) An authorized person may restrict, intercept, monitor or record young person communication in accordance with this section and the regulations.

(2) An authorized person may without individualized suspicion intercept or record young person communication.

Division 2 — Contraband, Trespassing and Seizure

Contraband and trespassing offences

33  A person commits an offence who

(a) is in possession of contraband beyond the visitor control point in a youth custody centre,

(b) is in possession of anything referred to in paragraph (b) or (c) of the definition of "contraband" before the visitor control point at a youth custody centre,

(c) delivers contraband to, or receives contraband from, a young person in custody at a youth custody centre, or

(d) trespasses on the grounds, buildings or other premises belonging or related to a youth custody centre.

Powers of seizure and disposition of things seized

34  (1) In this section, "relevant proceedings" means a trial, inquiry or other proceeding in which an object or thing seized under subsection (2) may be required.

(2) A staff member may seize contraband or evidence relating to an offence under section 33 [contraband or trespassing].

(3) Section 23 (4) of the Offence Act does not apply to any object or substance seized under subsection (2) of this section, unless subsection (5) of this section applies.

(4) As soon as practicable after an object or a substance is seized under subsection (2),

(a) a record must be made describing the object or substance and the circumstances in which it was seized, and

(b) the object or substance must be deposited in a secure place at the youth custody centre.

(5) The person in charge of the youth custody centre may transfer to the custody of the police or a court any object or substance referred to in subsection (2) that is required as evidence in a relevant proceeding.

(6) An object or a substance seized under subsection (2) must be returned to its owner if

(a) it is not required as evidence in a relevant proceeding and it is in the custody or control of the minister,

(b) it has not been forfeited under subsection (8),

(c) within 30 days after being notified of its seizure, the owner requests its return,

(d) possession of it would be lawful, and

(e) in the case of an owner who is a young person in custody, possession of it by the young person would not constitute possession of contraband or an unauthorized object or substance.

(7) If an object or a substance is seized from a young person in custody under subsection (2) and it constitutes contraband or an unauthorized object or substance but its possession outside the youth custody centre would otherwise be lawful, the person in charge of the youth custody centre may direct that

(a) the object or substance be kept in a secure place at the youth custody centre and returned to the young person on his or her release from custody, or

(b) the young person be given a reasonable opportunity to make arrangements for the disposal, or safekeeping outside the youth custody centre, of the object or substance.

(8) An object or substance referred to in subsection (2) is forfeited to the government if

(a) the owner cannot be located and 6 months have passed since the seizure,

(b) within 30 days after being notified of its seizure, the owner does not apply for its return,

(c) possession of it would be unlawful, or

(d) in the case of an owner who is a young person in custody,

(i)   possession of it by the young person would constitute possession of contraband or an unauthorized object or substance,

(ii)   the person in charge of the youth custody centre has not made a direction under subsection (7) (a), and

(iii)   the young person has not arranged for the disposal or safekeeping of the object or substance outside the youth custody centre after being given a reasonable opportunity to do so in accordance with subsection (7) (b).

Division 3 — Reintegration Leave, Day Absences and Employment

Reintegration leave and day absences

35  (1) This section applies only in respect of young persons in a youth custody centre who are committed to custody under section 8 (2) (e) or (f).

(2) A provincial director may, subject to any terms or conditions that the provincial director considers desirable, authorize any of the following for a young person:

(a) a reintegration leave from the youth custody centre for a period not exceeding 15 days if, in the opinion of the provincial director, it is necessary or desirable that the young person be absent for

(i)   medical, compassionate or humanitarian reasons, or

(ii)   the purpose of rehabilitating the young person or reintegrating the young person into the community;

(b) that the young person be released from the youth custody centre, on the days and during the hours that the provincial director specifies, so that the young person may

(i)   attend school or any other educational or training institution,

(ii)   obtain or continue employment or perform domestic or other duties required by the young person's family,

(iii)   participate in a program specified by the provincial director that, in the provincial director's opinion, will enable the young person to better carry out employment or improve his or her education or training, or

(iv)   attend an outpatient treatment program or other program that provides services that are suitable to addressing the young person's needs.

(3) A reintegration leave authorized under subsection (2) (a) may be

(a) with or without escort, as the provincial director considers advisable, and

(b) renewed one or more times by a provincial director

(i)   on reassessment of the case each time, and

(ii)   for periods not exceeding 15 days each time.

(4) A renewed reintegration leave may be consecutive to the previous reintegration leave provided that the provincial director reassesses the case before the renewed reintegration leave begins.

(5) A young person on reintegration leave or released from custody under this section is subject to

(a) the rules, regulations and discipline of the youth custody centre, so far as applicable, and

(b) any terms and conditions imposed by a provincial director.

(6) A street, highway or place, public or private, along or across which a young person may pass in going to or returning from work, duty or other absence authorized under this section, and every place where a young person may be under this section, must be considered a portion of a youth custody centre for the purposes of this Act, except for the purposes of section 33 (d).

(7) A provincial director may, at any time, revoke an authorization made under subsection (2).

Wages for employment

36  (1) If a provincial director authorizes a young person's absence from a youth custody centre in order to be gainfully employed for wages, the provincial director may require

(a) the employer of the young person to forward the total amount owed to the young person, less deductions required by law, to the person in charge of the youth custody centre, and

(b) that any wages earned by the young person from this employment be applied in the manner set out in subsection (2) (a) and (b).

(2) The person in charge of the youth custody centre must do the following:

(a) subject to receiving the approval of a provincial director, disburse the money received under subsection (1) in the following order of priority:

(i)   the maintenance and support of the young person's dependants in sums the provincial director may direct;

(ii)   the actual cost of travel expenses and meals for the young person;

(iii)   the cost of the young person's keep at the youth custody centre;

(iv)   any other expense that the provincial director considers is in the best interest of the young person or the dependants of the young person;

(b) credit any balance remaining to the account of the young person to be paid to the young person when the young person is released on completion of the term of custody under the court order;

(c) keep proper records of money received and disbursed under this section and account to the young person when the young person is released on completion of the term of custody under the court order.

(3) Despite subsection (2) (a) and (b) but subject to receiving the approval of a provincial director, the person in charge of the youth custody centre may waive the requirement to disburse, or vary the manner of disbursing, the earnings of the young person received by the person in charge of the youth custody centre in any way that the person in charge considers necessary for the benefit of

(a) the young person, or

(b) the dependants of the young person.

Division 4 — Inspection and Investigation

Inspection of youth custody centres

37  (1) The minister must provide for the inspection of each youth custody centre on a periodic basis that the minister considers appropriate in the circumstances.

(2) The minister or any person conducting an inspection under this section may at any time

(a) enter a youth custody centre, and

(b) access any part of the youth custody centre.

(3) The minister or person conducting the inspection may do one or more of the following:

(a) examine any record or thing in the youth custody centre;

(b) investigate the conduct of any person employed in or about the youth custody centre, or of any person found within its precincts;

(c) by order signed by the minister or person conducting the inspection, summon a person before the minister or person conducting the inspection;

(d) examine under oath the person summoned under paragraph (c) about any matter relating to

(i)   any contravention of this Act, the regulations or the rules of the youth custody centre, or

(ii)   any matter affecting the interests of the youth custody centre;

(e) by order signed by the minister or person conducting the inspection, compel the production of any record or thing before the minister or person conducting the inspection.

(4) A person may be taken into custody under a warrant signed by the minister if the person, after being served with a copy of an order under subsection (3) (c) or (e),

(a) does not appear at the time and place specified in the order, or

(b) refuses to give evidence or fails to produce any record or thing demanded of the person in the order.

(5) On the order of a judge of the Supreme Court summarily made, on complaint of the Attorney General, a person taken into custody under subsection (4) may be imprisoned, as for contempt, for a period not longer than 14 days.

Investigations

38  (1) On the basis of a complaint or otherwise, the minister may investigate, or appoint a person to investigate, any matter related to this Act.

(2) For the purposes of an investigation under this section, the minister and any person appointed by the minister to conduct the investigation is entitled access at any time to

(a) any part of a youth custody centre and any young person held there,

(b) any youth probation officer or any person employed or volunteering services at a youth custody centre,

(c) any facility or place where a program or service established under section 28 is administered or provided,

(d) any person employed or volunteering services at a facility or place referred to in paragraph (c), and

(e) any record under the custody and control of the ministry or of a youth probation officer or person referred to in paragraphs (b) and (d).

(3) For the purposes of an investigation under this section, the minister and any person appointed by the minister to conduct the investigation may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the minister or appointed person to answer questions on oath or affirmation, or in any other manner;

(b) produce for the minister or appointed person a record or thing in the person's possession or control.

(4) The minister or appointed person may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (3), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (3).

Contempt proceeding for uncooperative person

38.1  The failure or refusal of a person subject to an order under section 38 (3) to do any of the following makes the person, on application to the Supreme Court by the minister or a person appointed to conduct an investigation under that section, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the minister or appointed person;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

Immunity protection

38.2  (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a person appointed to conduct an investigation under section 38, or a person acting on behalf of or under the direction of the appointed person, because of anything done or omitted

(a) in the performance or intended performance of any duty under section 38, or

(b) in the exercise or intended exercise of any power under section 38 or 38.1.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

Offence of obstructing inspections and investigations

39  (1) A person must not obstruct, impede or refuse to admit the minister or a person conducting an inspection under section 37 or a person appointed to conduct an investigation under section 38.

(2) A person must not aid or assist a person in obstructing, impeding or refusing to admit the minister or a person conducting an inspection under section 37 or a person appointed to conduct an investigation under section 38.

(3) A person who contravenes subsection (1) or (2) commits an offence.

Division 5 — Unlawfully At Large

When a young person is at large without lawful excuse

40  (1) A peace officer or a person in charge of a youth custody centre who believes on reasonable grounds that a young person admitted to a youth custody centre

(a) has left or is away from the youth custody centre without the consent of the person in charge and fails or refuses to return there,

(b) fails or refuses to return to the youth custody centre on

(i)   completion of a reintegration leave or a release from custody under section 35, or

(ii)   revocation of a reintegration leave under section 35 (7), or

(c) fails or refuses to comply with any term or condition of a reintegration leave or a release from custody under section 35,

may arrest the young person with or without a warrant and return the young person, or arrange for the young person to be returned, to custody.

(2) A young person described in subsection (1) (a) or (b) is deemed to be at large without lawful excuse.

Part 5 — General

Complaints process

41  (1) The minister must establish a process for receiving and investigating complaints from

(a) a young person who is, under this Act or the federal Act, subject to any form of court ordered custody or supervision, or

(b) a parent of a young person described in paragraph (a).

(2) A person, officer or employee appointed to exercise powers and perform duties under this Act must comply with the complaints process established by the minister.

Delegation of powers, duties and functions

42  (1) A provincial director or person in charge of a youth custody centre may delegate, subject to any terms and conditions he or she considers necessary or advisable, any of his or her powers, duties or functions under this Act to any person.

(2) If a provincial director or person in charge of a youth custody centre has made a delegation of a power, duty or function, a reference to a provincial director or person in charge of a youth custody centre in relation to that power, duty or function includes the delegate.

Section 5 of Offence Act does not apply

43  Section 5 of the Offence Act does not apply to this Act.

Power to make regulations

44  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing forms for the purposes of Part 1;

(b) prescribing periods of time for the purposes of section 21;

(c) establishing qualification standards for youth probation officers;

(d) providing for additional powers, responsibilities and duties that may be assigned by the minister to a youth probation officer;

(e) providing for the management, operation, discipline and security of youth custody centres;

(f) prescribing the duties of any person employed in or about a youth custody centre;

(g) respecting the information that may be provided in a report under section 6 or 7;

(h) respecting the diet, clothing, accommodation, maintenance, employment, training, education and discipline of young persons in a youth custody centre;

(i) governing young persons on reintegration leave or released from custody under section 35;

(j) respecting the separate confinement of young persons in youth custody centres;

(k) respecting the use of force and restraining devices or equipment in youth custody centres;

(k.1) respecting searches under sections 32.1 to 32.4, including, without limitation, strip searches;

(l) respecting the restriction, interception, monitoring or recording of young person communication;

(l.1) providing for the handling, retention and disposal of young person communication that is intercepted or recorded;

(l.2) specifying communications between a young person and another person that are privileged;

(l.3) respecting procedures that an authorized person must follow and specifying criteria that an authorized person must apply, to examine a young person communication and determine whether it is a privileged communication;

(m) delegating authority to a person in charge of a youth custody centre to make rules governing the conduct of young persons in custody at the youth custody centre;

(n) establishing and providing for sanctions for the contravention of a rule referred to in paragraph (m);

(o) governing visits to young persons in youth custody centres;

(p) respecting the disposal of unclaimed property abandoned by a young person at a youth custody centre, including, without limitation, providing for the forfeiture of the property to the government;

(q) defining words or expressions used but not defined in this Act.

(3) Despite the Public Service Act or any other Act, the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing the compulsory retirement age for a person holding an appointment under section 24 (1) (a) or (b) and employed in a youth custody centre;

(b) specifying the qualifications that are necessary to be exempted from a regulation under paragraph (a) and tests that measure the ability of a person holding an appointment to

(i)   exercise the powers and duties of the appointment, and

(ii)   contribute to the maintenance of safety and security and the management and operation of a youth custody centre.

(4) A regulation under subsection (3) may

(a) be made applicable generally or to a specific class of persons,

(b) for the purposes of the regulation, define classes of persons, and

(c) provide differently for different classes of persons.

Transitional Provisions

Transitional — Young Offenders (BC) Act records

45  (1) Despite the Document Disposal Act, records that were created or maintained in respect of an offence committed by a young person under the Young Offenders (British Columbia) Act, as it read before its repeal by this Act, may be destroyed after the expiration of

(a) the disposition made in respect of that specific offence, or

(b) if the Lieutenant Governor in Council prescribes another period of time for the purposes of section 21 of this Act, that prescribed period.

(2) Section 4 applies in respect of records referred to in subsection (1) of this section.

Transitional — dispositions made under Young Offenders (BC) Act

46  Sections 15 to 18 of this Act apply in respect of dispositions made under the Young Offenders (British Columbia) Act, as it read before its repeal by this Act.

Consequential and Related Amendments

[Note: See Table of Legislative Changes for the status of sections 47 to 88.]

Section(s)   Affected Act
47   Child, Family and Community Service Act
48   Community Care and Assisted Living Act
49   Community Care Facility Act
50   Coroners Act
51–59   Correction Act
60–61   Criminal Records Review Act
62   Insurance (Motor Vehicle) Act
63   Interpretation Act
64   Mental Health Act
65–77   Motor Vehicle Act
78–81   Parental Responsibility Act
82   Parole Act
83-84   Provincial Court Act
85-86   Victims of Crime Act
87   Wildlife Act
88   Young Offenders (British Columbia) Act

Commencement

89  This Act comes into force by regulation of the Lieutenant Governor in Council.