Title BEFORE amended by 2011-25-418, effective March 18, 2013 (BC Reg 131/2012).
PARENTAL RESPONSIBILITY ACT
Section 1 definitions of "federal youth legislation" and "provincial youth legislation" were added by 2003-85-78(a), effective April 1, 2004 (BC Reg 139/2004).
Section 1 definition of "parent", paragraph (h) (vii) and (viii) BEFORE amended by 2003-85-78(b), effective April 1, 2004 (BC Reg 139/2004).
(vii) the Young Offenders Act (Canada);
(viii) the Young Offenders (British Columbia) Act;
Section 1 definition of "parent" BEFORE amended by 2011-25-419, effective March 18, 2013 (BC Reg 131/2012).
"parent" means, with respect to a child,
(a) a biological parent of the child, unless the child is adopted,
(b) an adoptive parent of the child,
(c) an individual declared to be a parent of the child under section 95 of the Family Relations Act,
(d) an individual who
(i) is married to, or lives in a marriage-like relationship with, a parent referred to in paragraph (a), (b) or (c), and
(ii) contributes to the support, maintenance and care of the child,
(e) an individual who has custody of the child, and
(f) an individual who has a right of access to the child,
but does not include
(g) a director,
(h) subject to the regulations, an individual who is included in paragraph (e) or (f) solely because he or she is responsible for the care, treatment, custody or supervision of the child under an arrangement with the government of British Columbia, the government of Canada or any other government, or under any of the following:
(i) the Adoption Act;
(ii) the Child, Family and Community Service Act;
(iii) the Correction Act;
(iv) the Criminal Code;
(v) the Mental Health Act;
(vi) the Secure Care Act;
(vii) the federal youth legislation;
(viii) the provincial youth legislation;
(ix) an enactment of British Columbia or of Canada that is prescribed by the Lieutenant Governor in Council, or
(i) an individual described in paragraph (a), (b) or (c) who has no right of custody and no right of access to the child;
Section 1 definition of "provincial youth legislation" BEFORE amended by 2018-39-19, effective October 31, 2018 (Royal Assent).
"provincial youth legislation" means the Youth Justice Act, or the Young Offenders (British Columbia) Act that was in force before the date on which the Youth Justice Act came into force.
Section 1 definitions of "action" and "court" were added by 2018-49-16, effective November 27, 2018 (Royal Assent).
Section 11 BEFORE re-enacted by 2003-85-79, effective April 1, 2004 (BC Reg 139/2004).
Proof
11 (1) In this section, "offence" has the same meaning as in the Young Offenders Act (Canada).
(2) In an action under this Act, proof that a child has been found guilty under the Young Offenders Act (Canada) of an offence is proof, in the absence of evidence to the contrary, that the offence was committed by the child if
(a) no appeal of the finding of guilt was taken and the time for an appeal has expired, or
(b) an appeal of the finding of guilt was taken but was dismissed or abandoned and no further appeal is available.
(3) For the purposes of subsection (2), a copy of an order of disposition under the Young Offenders Act (Canada) purporting to be signed by the officer having custody of the records of the court that made the order is, on proof of the identity of the child named in the order as guilty of the offence, sufficient evidence that the child was found guilty of the offence, without proof of the signature or official character of the person appearing to have signed the order.
Section 12 BEFORE amended by 2003-85-80, effective April 1, 2004 (BC Reg 139/2004).
12 If evidence obtained under the Young Offenders Act (Canada) is presented in an action under this Act, the court file must not be disclosed to any person except to the following:
Section 13 BEFORE re-enacted by 2003-85-81, effective April 1, 2004 (BC Reg 139/2004).
No effect on provisions limiting disclosure or publication
13 If information from records under the Young Offenders Act (Canada) or the Young Offenders (British Columbia) Act is made available for the purposes of an action under this Act or presented as evidence in an action under this Act, nothing in this Act affects the provisions of the Young Offenders Act (Canada) or the Young Offenders (British Columbia) Act that limit disclosure or publication of the information.