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"Point in Time" Regulation Content

Youth Justice Act

Youth Custody Regulation

B.C. Reg. 137/2005

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 April 1, 2017
Section 2 April 1, 2017
Part 6 April 1, 2017
Section 10 April 1, 2017
Section 11 April 1, 2017
Section 12 April 1, 2017
Section 12.1 April 1, 2017
Section 13 April 1, 2017
Section 15 April 1, 2017
Section 15.1 April 1, 2017
Section 17 April 1, 2017
Section 19 March 18, 2013

 Section 1 (e) and (h) BEFORE amended by BC Reg 11/2017, effective April 1, 2017.

(e) the Ombudsman,

(h) if a youth is detained or subject to a warrant for arrest and detention under the Immigration Act (Canada), an immigration officer as defined in that Act, or, if the youth is detained or subject to a warrant for arrest and detention under the Immigration and Refugee Protection Act (Canada), a person designated as an officer under that Act;

 Section 2 (1) (d) was added by BC Reg 11/2017, effective April 1, 2017.

 Part 6 heading BEFORE re-enacted by BC Reg 11/2017, effective April 1, 2017.

Part 6 — Discipline

 Section 10 (part) BEFORE amended by BC Reg 11/2017, effective April 1, 2017.

Disciplinary infractions

10   A youth commits a disciplinary infraction if the youth does any of the following:

 Section 10 (q) (ii) BEFORE amended by BC Reg 11/2017, effective April 1, 2017.

(ii) any other activity that threatens or is likely to threaten the management, operation, discipline or security of, or the safety of any person in, the youth custody centre;

 Section 10 (u) BEFORE amended by BC Reg 11/2017, effective April 1, 2017.

(u) gives to or accepts from another youth money or other property without permission;

 Section 11 BEFORE amended by BC Reg 11/2017, effective April 1, 2017.

Steps to be taken by staff member

11   (1) If a staff member believes on reasonable grounds that a youth is committing or has committed a disciplinary infraction, the staff member must do the following:

(a) if the circumstances allow,

(i) stop the disciplinary infraction from occurring, or

(ii) give the youth an opportunity

(A) to stop the disciplinary infraction from occurring, or

(B) to correct his or her behaviour;

(b) inform the youth

(i) of the disciplinary infraction committed, and

(ii) what it consists of.

(2) If, in the opinion of the staff member referred to in subsection (1), the disciplinary infraction has not been or cannot be satisfactorily resolved by the actions described in that subsection, the staff member must, as soon as practicable, file a written report with the person in charge of the youth custody centre, setting out

(a) the disciplinary infraction that is alleged to have been committed,

(b) the circumstances surrounding the disciplinary infraction, and

(c) the action taken, if any, under subsection (1) (a) (ii).

 Section 12 (1) (part) BEFORE amended by BC Reg 11/2017, effective April 1, 2017.

(1) If a youth commits a disciplinary infraction, the person in charge of the youth custody centre may order one or more of the following consequences:

 Section 12 (1) (a) and (b) BEFORE repealed by BC Reg 11/2017, effective April 1, 2017.

(a) a warning or reprimand;

(b) an oral or written apology;

 Section 12 (1) (f) and (g) BEFORE amended by BC Reg 11/2017, effective April 1, 2017.

(f) extra work, physical activity or other tasks, for a specified period not longer than 2 hours;

(g) confinement in a room, locked or unlocked, for a specified period not longer than 2 hours;

 Section 12 (3) (a) and (b) BEFORE amended by BC Reg 11/2017, effective April 1, 2017.

(a) the minimum level of intervention required to correct the behaviour of the youth,

(b) the need to provide and maintain order, discipline and security and to protect the safety of persons in the youth custody centre, and

 Section 12 (3) (a.1) and (4) were added by BC Reg 11/2017, effective April 1, 2017.

 Section 12.1 was enacted by BC Reg 11/2017, effective April 1, 2017.

 Section 13 BEFORE repealed by BC Reg 11/2017, effective April 1, 2017.

Separate confinement

13   (1) Subject to subsection (2), a person in charge of a youth custody centre may order a youth be confined separately from other youths in the youth custody centre if the person in charge believes on reasonable grounds that

(a) the youth

(i) is endangering, or is likely to endanger, himself or herself or another person,

(ii) is threatening, or is likely to threaten, the management, operation or security of the youth custody centre,

(iii) has contraband hidden on or in his or her body, or

(iv) has taken an intoxicant into his or her body, and

(b) all other means of dealing with the youth have been exhausted or are not reasonable in the circumstances.

(2) Unless subsection (3) applies, a youth may not be separately confined for a period longer than is necessary to address the concerns specified in subsection (1) (a) and, in any event, may not be separately confined for more than 72 hours.

(3) The person in charge may, for medical or other reasons, authorize separate confinement of a youth for more than 72 hours with approval from the provincial director.

(4) As soon as practicable after a youth is separately confined and in any event no more than 4 hours into that confinement, a staff member must explain to the youth the reasons for separate confinement.

 Section 15 (3) (part), (4) and (5) BEFORE amended by BC Reg 11/2017, effective April 1, 2017.

(3) The person in charge of a youth custody centre may authorize the use of a physical restraint device to restrain a youth for more than one continuous hour but, unless subsection (4) applies, for no more than 8 continuous hours, if

(4) The person in charge may authorize the use of a physical restraint device to restrain a youth for more than 8 continuous hours with approval from the provincial director.

(5) A person in charge who authorizes the use of a physical restraint device under subsection (4) must review the condition of the youth with the provincial director every 8 hours following the approval of the provincial director while the physical restraint device is being used.

 Section 15.1 was enacted by BC Reg 11/2017, effective April 1, 2017.

 Section 17 (1) (a) (v) BEFORE repealed by BC Reg 11/2017, effective April 1, 2017.

(v) the person bending over, and

 Section 19 BEFORE amended by BC Reg 384/2012, effective March 18, 2013.

 Abandoned clothing and personal effects

19  Unclaimed property abandoned by a youth at a youth custody centre and not claimed by the youth or the youth's parent within 3 months from the date of the youth's release, transfer or escape from a youth custody centre is forfeited to the government.