Offence Act amendments introduced

The newly created Bill 4 contains amendments to the Offence Act that will enhance sentencing provisions for offenders convicted under provincial statutes.

The changes to the act would permit more effective management of offenders in communities, while making provincial legislation consistent with the Criminal Code of Canada.

If passed, amendments will give the court options for imposing probation, with a wide range of conditions that are better tailored to reflect offences and offenders’ circumstances. Key provisions will:

Give the court the power to impose probation orders for up to two years, with conditions appropriate to the offence and offender.

Create an offence for breach of an order.

Currently, sentencing options under the Offence Act include fines, incarceration or suspended sentences. The act does not permit a court to sentence people to probation conditions besides “to keep the peace and be of good behaviour” (under the act’s recognizance provision.)

Quick facts

Examples of types of offences that will be better addressed through improved enforcement:

For serious Motor Vehicle Act offences, such as driving without due care, a combination of fine, jail and probation would represent a meaningful sentence that is now not available to the court.

For repeat trespass offences, offenders could be placed on probation, with court-ordered conditions to stay away from a specific area, and community work service could be imposed rather than a fine.

For street disorder offences, charges could be laid under the Liquor Control and Licensing Act for being drunk in a public place, rather than under the Criminal Code. Under proposed provisions, offenders could be placed under probation orders with conditions, such as paying for damages, writing an apology and performing community work service. If individuals fail to comply, they could be charged with a breach of their probation orders.

Learn more

Offence Act:  www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96338_01