Consultation for Industry Stakeholders
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
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.
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.
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.
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:
- Download the Proposed Policy Framework [PDF] document and add your feedback in the space provided. Send feedback to contact information included in the document.
- 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.
