Body Armour Control Act  Posted February 25, 2010  –  Ends March 12, 2010

Background

In July 2009, the Ministry of Public Safety and Solicitor General surveyed industry groups, police and security personnel on the proposal to regulate the sale, possession and use of body armour. The feedback received was used to develop the Body Armour Control Act (BACA) which received Royal Assent on October 29, 2009. The new BACA introduces a regulatory framework which places controls on the possession and purchase of body armour in British Columbia.

Increasingly criminals are using body armour to allow them to engage in firearms-related violence; increasing the risks to the public and police. The BACA will enhance public safety by making it difficult for criminals to legally possess or purchase body armour and by providing police with the authority to seize body armour from those who are not authorized to possess it.

The BACA will come into force by regulation in 2010. There will be a six-month transition period for those in possession of body armour to come into compliance with the Act and regulations.

This is a request to Interested Stakeholders to provide input into the development of policy for the new Body Armour Control Act. You are invited to provide feedback on the following framework:

Proposed Framework

1. Types of Body Armour to be Included

It is envisioned that Body Armour Control Act (BACA) Regulations and policy will apply to body armour that is ballistic, stab and/or puncture resistant. This will include trauma plates, inserts and other devices that can be added to the vests over a localized area to increase the wearer’s protection against blunt trauma injuries or projectiles fired from a firearm.

This may include, but not be limited to garments and items which meet the National Institute of Justice (NIJ) Standard 0101.06 – Standards for Ballistic resistance of Personal Body Armour, types II,IIA, III, IIIA or IV or National Institute of Justice (NIJ) Standard 0115.00 – Stab Resistance of Personal Body Armour, levels 1, 2 or 3.

1. Body Armour Permit Requirements

Unless exempt under the BACA or Regulations from the requirement to obtain a body armour permit, individuals wanting to possess body armour will be required to make an application to the Registrar of Security Services for a Body Armour Permit. This may include those wanting to possess body armour due to non-violent threats to personal safety related to a sport, hobby or occupation (e.g., sport shooting club members) or individuals with threats to their personal safety of an ongoing nature.

Permit applicants will be required to provide personal information – including name, date of birth and contact information – and will be required to prove a reasonable need for the possession of body armour. In addition, applicants will have to undergo a criminal record check and pay a permit fee (fee estimates at this time are $90 for 5-year term and $45 for renewal).

Once a risk assessment is performed on the applicant, a permit will be issued to the individual allowing them to purchase, wear or possess body armour. A permit holder must carry the permit when in possession of body armour and produce it upon request by a peace officer or inspector.

1. Body Armour Permit Exemptions

There are a number of legitimate uses of body armour where it is required for protection in the course of one’s employment or job-related duties. Among those that will be exempt from the requirement to obtain a body armour permit are individuals employed by police and other enforcement agencies, armoured car guards, security guards, security consultants and private investigators. Proof of exemption will be required to be carried by these individuals when purchasing body armour or when in possession of body armour and will be linked to their security worker license, badge number, employee identification or verification document as applicable.

Exemptions to requiring a permit will also be considered for those individuals who do not reside in British Columbia but require body armour during their stay (i.e., diplomats) and/or individuals with imminent threats to their personal safety.

An individual in an exempt category must carry proof of exemption and produce it upon request by a peace officer or inspector when in possession of body armour.

1. Body Armour Business and Sales Persons Licensing Requirements

Businesses that sell body armour and their employees play an important role in ensuring that purchasers of body armour are authorized to do so. Businesses that sell body armour in British Columbia will be required to obtain a security business license under the Security Services Act to sell body armour, and employees of the business selling the body armour must obtain a security worker licence with licence type Body Armour Sales. Body Armour vendors will also be required to record information about body armour sales to show that sales are made only to people who are authorized to possess body armour.

Feedback on Proposed Policy Framework

There are two options for providing feedback:

1. Download the Proposed Policy Framework [PDF] document and add your feedback in the space provided. Send feedback to contact information included in the document.
2. You may e-mail feedback to Sylvia.Montagnaro@gov.bc.ca. Please identify what part or parts of the Proposed Policy Framework your comment(s) concern: Types of Body Armour to be Included; Permit Requirements; Permit Exemptions; Body Armour Business and Sales Persons Licensing Requirements.

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Edmonton… Alberta search and rescue groups would receive liability protection when acting in good faith under changes proposed in Bill 6, the Emergency Management Amendment Act. Good faith means search and rescue volunteers acted with good intentions and according to their duty when helping Albertans in need.

“Search and rescue groups provide a critical service to Albertans and the proposed amendment would support members and their organizations,” said Hector Goudreau, Minister of Municipal Affairs. “This bill is an important part of our government’s commitment to strengthening the emergency management system and creating safe and strong communities.”

Bill 6 also includes amendments that will extend the good faith defense to local authorities and their agents for providing emergency services and support regional cooperation for the delivery of emergency services.

To track the bill’s progress, visit the Legislative Assembly website: www.assembly.ab.ca.

An important part of The Way Forward is maintaining support for programs and services Albertans need most, such as health care, education and safe and vibrant communities. For more information on the plan visit Alberta.ca.

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The Civil Forfeiture Act will apply to land and personal property, including cash, and can be applied to unlawful activity up to 10 years prior to it coming into force. The unlawful activity can relate to the Criminal Code, federal drug legislation or provincial law.

The act will provide certain protections to innocent persons with interests in the property being forfeited, including lenders, mortgage holders and other interest holders.

Attorney General Kelly Lamrock said this legislation will give the legal system an additional tool to combat illegal activities in New Brunswick.

“There has been a growing concern that in some cases, there can be a piece of property that is clearly being used for illegal activity but the letter of the law makes it difficult to charge individuals,” Lamrock said. “The classic example is a drug house in a neighbourhood where there can be many occupants, many of whom may not have been charged, but the home is a safe haven for drug activity nonetheless. This new act will make it easier for the attorney general to seize the house itself, even after the drug operation has been shut down, sell the property and use the proceeds to fight crime.”

All proceedings under the act will be brought before the New Brunswick Court of Queen’s Bench.

The act complements the Management of Seized and Forfeited Property Act that came into force last year. It gives similar powers to the attorney general in the case of criminal convictions.

“It’s important to note that the proceeds from both these acts will be used strictly for crime prevention or law enforcement, victim restitution and the administration of criminal justice,” said Public Safety Minister and Solicitor General John W. Foran. “This will help to put the proceeds where they are most needed and make New Brunswick a safer place.”

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“By making it possible to respond to summonses online, we are enabling British Columbians to contact the sheriff service from their homes, in any corner of the province, at any time of day,” de Jong said.

Citizens summonsed to provide a panel of potential jurors for upcoming trials are selected at random from the provincial voters list and a paper summons is sent in the mail. This step will not change. Jurors participating in the pilot will be able to use the Internet to verify if they can participate in the jury selection process, rather than mailing in their response or travelling to their local courthouse during business hours.

“Reducing paper use and associated costs ultimately means savings for taxpayers and frees up time B.C.’s sheriff service normally devotes to processing paper summonses, allowing sheriffs to perform other duties vital to court operations,” the attorney general added.

Similar eResponse jury selection programs are currently in use in some United States communities. B.C.’s eResponse system will be the first of its kind in Canada.

Once the pilot is complete, eResponse will be available across the province for criminal and civil trials.

Read more >>

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Consultations to focus on online tracking, profiling and targeting of consumers by business

OTTAWA, January 18, 2010 — The Privacy Commissioner of Canada announced today an upcoming consultation with Canadians on privacy issues related to the online tracking, profiling and targeting of consumers by marketers and other businesses. This will be the first in a series of public consultations focused on emerging technological trends that are likely to have a significant impact on the privacy of Canadians.

“The consultation will equip the Office of the Privacy Commissioner of Canada with a deeper understanding of the practice of tracking, profiling and targeting consumers online,” said Privacy Commissioner Jennifer Stoddart. “It will also provide a forum for the exploration of the privacy implications related to this modern industry practice, and the protections that Canadians expect. Our goal, therefore, is to shine a spotlight on this evolving technological trend.”

A second consultation on the privacy issues emerging from the growing movement toward cloud computing will be announced in the near future.

Online consumer tracking

In the practice of online consumer tracking, data about the browsing habits of individuals is collected through digital markers such as cookies. Additional data may be gathered using other technologies, such as deep packet inspection and the global positioning systems (GPS) common in many mobile communications devices.

Individuals themselves, moreover, volunteer significant amounts of personal information, especially through their participation in social networking sites, such as Facebook, MySpace and LinkedIn, and other popular web-based services such as foursquare.

Personal data can be collated and mapped against other types of information to generate detailed personal profiles. Such profiles are valuable to marketers and other enterprises that want to target products or services to people of a particular demographic or with specific purchasing preferences. Companies may also use the information to evaluate the popularity or success of their online products or services.

Proponents say that online consumer tracking, profiling and targeting supports free Internet content, allows people to receive more relevant advertising and discount offers, and promotes the development of useful services. For example, in conjunction with data from sources such as GPS and cellular networks, users can enjoy location-based services that recommend nearby restaurants or keep tabs on the whereabouts of friends.

Critics, however, warn that people may be unaware that their personal information is being collected, and do not understand how it is used. They also argue that, even when the information is anonymous, it can sometimes be combined with other information to identify individuals.

Consultation process begins

The consultation process begins today with a call for participation by interested parties. The Office is inviting written submissions, which will be accepted until March 15, and is also seeking expressions of interest from individuals wanting to take part in formal discussion panels to be held in Toronto in April and Montreal in May. The intent is to canvass a broad range of views from business, government, academics, consumer associations and civil society.

The consultation will give the Office a comprehensive view of the privacy risks associated with the online tracking, profiling and targeting of consumers, and contribute to the development of new public education and outreach materials. It will also help shape the Office’s input into the next parliamentary review of the private-sector Personal Information Protection and Electronic Documents Act.

The Privacy Commissioner of Canada is mandated by Parliament to act as an ombudsman, advocate and guardian of privacy and the protection of personal information rights of Canadians.

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These guidelines seek to recognize the realities face by sexual minority members; promote respect of their rights; promote their wellbeing, notably by offering services adapted to their needs; and, finally, ensure a concerted approach involving all social players in the fight against homophobia.

The policy was developed in the wake of the report De l’égalité juridique à l’égalité sociale – Vers une stratégie nationale de lutte contre l’homophobie, produced by the Commission des droits de la personne et des droits de la jeunesse in March 2007.

For more information…

• Read the related press release; (In French only)
• Go to the Ministère de la Justice website.

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The Department is currently seeking feedback on a proposed Electronic Commerce Act.

Legal relationships have long been based on paper documentation, and most laws use language that refers to paper documents. Over the past generation, however, more and more people have begun communicating through the Internet and by e-mail.  The result is that documents and information are now routinely transmitted electronically.

To some extent, courts have come to terms with technology, people have drafted contracts to provide standards for computer communications between them, and legislation has been enacted to provide for the use of electronic documents in specific areas.  However, the benefits of electronic communications are reduced by the legal uncertainty created by the absence of legislation to deal with issues raised by electronic commerce.

The proposed Electronic Commerce Act would make it clear that electronic communications and documents are recognized under NWT law.  It would provide for minimum standards that must be met where electronic documents and information are used.  However, it is important to note that it does not require people to use electronic communications against their will.

In the case of the GNWT and its boards and agencies, as well as community governments, the draft Act also sets standards for public bodies that choose to communicate with the public electronically.

The Act is based on a model law that all other Canadian provinces and territories have used to develop their own laws addressing the issues associated with electronic commerce.

Please note that  neither a legislative proposal nor the consultation draft has been considered by Cabinet or any Standing Committee of the Legislative Assembly and that this consultation is not in substitution for the public review of Bills by a Standing Committee of the Legislative Assembly when a Bill has received second reading.

For more information, or to submit comments, please contact Mike Reddy, Senior Policy Analyst.  We would appreciate any general or specific comments you may have regarding the proposed Electronic Commerce Act by Monday, February 8, 2010.

Proposed Bill

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2009-12-02

OTTAWA, December 2, 2009 — The Honourable Tony Clement, Minister of Industry, is pleased to announce that the proposed Electronic Commerce Protection Act has passed third reading unanimously in the House of Commons and is proceeding to the Senate as the next step in the legislative process.

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The Commission recognizes that the inappropriate use of alcohol or drugs can have serious adverse effects on a person’s health, job performance and workplace safety. Safety is important to employees and employers. However, safety must be ensured in ways that do not discriminate against employees on the basis of a prohibited ground of discrimination. Workplace rules and standards that have no demonstrable relationship to job safety and performance have been found to violate an employee’s human rights.

This policy focuses on the proper and improper use of employment related drug and alcohol testing. The Commission recognizes that the issues surrounding alcohol and drug abuse are complex, including the causes and effects of alcohol and drug use, the high co-occurrence of addictions and mental illness, and the challenges and stigma facing those who are dependent. Addressing these issues is important, but fall outside the scope of this policy.

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