PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL

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1 PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 290, Approved and Ordered MAY Executive Council Chambers, Victoria Lieut n t Governor On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective July 23, 2012, (a) the Metal Dealers and Recyclers Act, S.B.C. 2011, c. 22, is brought into force, (b) the Metal Dealers and Recyclers Regulation set out in the attached Appendix 1 is made, and (c) the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended as set out in the attached Appendix 2. AI Minister of Justice and Attorney General Presiding Member of the Executive Council (This part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Ad and section: Metal Dealers and Recyclers Act, S.B.C. 2011, c. 22, s. 31; Offence Act, R.S.B.C. 1996, c. 338, s. 132 Other: April 2, 2012 page 1 of 11 RESUB/R/256/2012/18

2 APPENDIX 1 METAL DEALERS AND RECYCLERS REGULATION 1 Definitions Contents PART 1 TRANSACTION INFORMATION 2 Identification 3 Description of identification 4 Customer code 5 Transaction information prescribed information 6 Transaction information recording and maintenance 7 Reporting to local police authority PART 2 - REGISTRATION 8 Applying for registration 9 Maximum period 10 Terms and conditions of registration PART 3 - GENERAL 11 Cash transactions 12 Exemption mobile metal dealer or recycler 13 Exemption commercial transactions 14 Administrative penalties 15 Offences FORM A FORM B Definitions 1 (1) In this regulation, "Act" means the Metal Dealers and Recyclers Act. (2) For the purposes of paragraph (c) the definition of "local authority" in section 1 of the Act, the following are prescribed: (a) a board of education as defined in the School Act; (b) a francophone education authority as defined in the School Act; (c) an authority as defined in the Independent School Act. (3) The following items or classes of items are prescribed for the purposes of paragraph (b) of the definition of "regulated metal" in section 1 of the Act: (a) metal traffic control lights, signals and signs; (b) street lighting poles, wiring and fixtures; (c) sewer grates and manhole covers; (d) metal guardrails and handrails; (e) metal grave markers, funeral vases, memorial plaques and monuments; page 2 of 11

3 (f) new scrap metal from a construction site or a manufacturing process. PART I TRANSACTION INFORMATION Identification 2 The following forms of identification are prescribed for the purposes of section 2 (a) of the Act: Description of identification (a) a valid driver's licence issued under the Motor Vehicle Act that displays a photograph of the holder; (b) a valid driver's licence issued by another jurisdiction in Canada or the United States of America that displays a photograph of the holder; (c) a valid British Columbia identification card issued under the Voluntary Identification Card Regulation that displays a photograph of the holder. 3 The following information is prescribed for the purposes of section 5 (2) (b) of the Act: Customer code (a) the type of identification; (b) the name of the jurisdiction that issued the identification; (c) the full name of the person as it appears on the identification; (d) in the case of a driver's licence, the driver's licence number or the identifying series of numbers, letters or characters that appear on the licence, as applicable; (e) in the case of a British Columbia identification card, the identification card number. 4 For the purposes of section 5 (I) (a) of the Act and the definition of "customer code" in section 1 of the Act, the customer code for a transaction is determined by combining, in the following order, the following information as it appears on the identification presented in accordance with section 2 (a) of the Act: (a) the first 3 letters of the surname of the person as recorded under section 5 (2) (b) of the Act, and (b) the last 3 numbers, letters or characters, as applicable, of the driver's licence or identification card as recorded under section 5 (2) (b) of the Act. Transaction information prescribed information 5 (1) The following information is prescribed for the purposes of section 5 (1) (b) (vi) of the Act: (a) the name, business location and registration number of the metal dealer or recycler purchasing the regulated metal; page 3 of 11

4 (b) any classification codes that apply to the regulated metal under the following sections of "Scrap Specifications Circular 2011", copyright 2011, Institute of Scrap Recycling Industries, Inc., 1615 L St. N.W., Suite 600, Washington, DC, U.S.A : (i) Nonferrous Scrap: NF-2011, pages 4 to 13; (ii) Ferrous Scrap: FS-2011, pages 15 to 20. (2) For the purposes of section 5 (2) (0 of the Act, if a metal dealer or recycler purchases metallic wire or regulated metal of the type referred to in section 3 (3) of the Act, a description of the proof of ownership provided by the person selling the metallic wire or regulated metal is prescribed information. Transaction information recording and maintenance 6 (1) A metal dealer or recycler must record transaction information in Foiin A. (2) A metal dealer or recycler may record transaction information in print or in electronic form. (3) If a metal dealer or recycler is temporarily unable to record transaction information in electronic form, the metal dealer or recycler must record any transaction information in print. (4) A metal dealer or recycler must (a) print a hard copy of any transaction information recorded in electronic form before the end of the day on which the transaction occurs, and (b) keep the hard copy on the metal dealer or recycler's business premises for at least one year from the date of the transaction. Reporting to local police authority 7 (1) For the purposes of section 6 of the Act, a metal dealer or recycler must provide the information to the local police authority (a) in the form of Form B completed in print or in electronic form, (b) before the end of the day on which the transaction occurs, and (c) by any of the following delivery methods as specified by the local police authority: (i) by facsimile to a number provided by the local police authority; (ii) by electronic mail to an address provided by the local police authority; (iii) via the Internet to a website maintained by or on behalf of the local police authority for the purposes of this section. (2) Despite subsection (1) (b) and (c), if, as a result of a technical problem with a delivery method referred to in subsection (1) (c), a metal dealer or recycler is unable to deliver the information to the local police authority before the end of the day on which the transaction occurs, the metal dealer or recycler must deliver the information to the local police authority (a) before 12 p.m. (noon) on the next day, irrespective of whether (i) that day is a holiday, or page 4 of 11

5 (ii) the metal dealer or recycler is open for business on that day, and (b) by a delivery method referred to in subsection (1) (c), or personally or by courier. (3) If, at any time after information is provided to a local police authority under this section, the metal dealer or recycler amends, alters or corrects the information, the metal dealer or recycler must immediately notify the local police authority of the amendment, alteration or correction. (4) A metal dealer or recycler must (a) print a hard copy of any Form B that is completed in electronic form, and (b) keep a copy of the Form B that is provided to a local police authority, including a hard copy referred to in paragraph (a), on the metal dealer or recycler's business premises for at least one year from the date of the transaction. PART 2 - REGISTRATION Applying for registration 8 A person who applies for registration under the Act must provide the registrar with all of the following information or records: Maximum period (a) the applicant's name, address, telephone number and address, if any; (b) the business name under which the applicant is carrying on or will carry on business; (c) if the applicant holds a valid business licence issued by a municipality, including the City of Vancouver, or a regional district, a copy of the licence; (d) for each location that the applicant is carrying on or will carry on business, the business address and the name of the person responsible for the day-today management of the business at that location. 9 The prescribed period for the purposes of section 10 (1) of the Act is 3 years. Terms and conditions of registration 10 The following terms and conditions are prescribed for the purposes of section 11 (c) of the Act: (a) a registrant must display a copy of his or her registration in a conspicuous place at each business location; (b) a registrant must not carry on business as a metal dealer or recycler under a business name that is different from the business name specified in the registrant's registration; (c) unless a registration is renewed by the registrar under section 10 (1) of the Act, the registration terminates upon expiry of the period of time specified by the registrar in the registration; page 5 of 11

6 (d) if a registration expires, or is suspended or cancelled under the Act, the registrant must surrender the registration, and any copies in the registrant's possession, to the registrar. Cash transactions PART 3 - GENERAL 11 A metal dealer or recycler must not pay cash for regulated metal if the total value of the regulated metal is more than $50. Exemption - mobile metal dealer or recycler 12 (1) In this section, "mobile metal dealer or recycler" means a metal dealer or recycler who (a) carries on a mobile business for the purchase, collection and transport of regulated metal, (b) purchases or collects regulated metal only (i) at a location other than its fixed business location, and (ii) for the purpose of transporting and selling the regulated metal to a metal dealer or recycler who is required to he registered under the Act, and (c) does not store any of the regulated metal that is purchased or collected. (2) Section 2 of the Act does not apply to a person who sells regulated metal to a mobile metal dealer or recycler. (3) Sections 3 (1) and (2), 5, 6 and 7 of the Act do not apply to the purchase of regulated metal by a mobile metal dealer or recycler. (4) Section 8 of the Act does not apply to a mobile metal dealer or recycler. Exemption commercial transactions 13 (1) In this section: "commercial entity" means a business entity, other than a mobile metal dealer or recycler within the meaning of section 12 of this regulation, that is registered under Part IX [Goods and Services Tax] of the Excise Tax Act (Canada); "commercial transaction" means a purchase of regulated metal by a metal dealer or recycler that is paid for by cheque drawn from an account in the name of the metal dealer or recycler at a financial institution. (2) If a metal dealer or recycler (a) establishes an account for the purpose of purchasing regulated metal from a commercial entity on an ongoing basis, (b) creates and maintains a record of all of the following information: (i) the full name and business address of the commercial entity; (ii) the registration number assigned to the commercial entity under Part IX [Goads and Services Tax] of the Excise Tax Act (Canada); page 6 of 11

7 (iii) the full name and phone number of a representative of the commercial entity; (iv) in respect of each commercial transaction with the commercial entity, the date and total value of the transaction and a description of the predominant type of regulated metal purchased, and (c) keeps the information on its business premises for at least one year from the date of the transaction, sections 2, 3 (1) and (2), 5, 6 and 7 of the Act do not apply to a commercial transaction between the metal dealer or recycler and that commercial entity. (3) A metal dealer or recycler must keep a current list, including the information referred to in subsection (2) (b) (i) and (iii), of the commercial entities with whom it has established an account of the type referred to in subsection (2) (a). Administrative penalties 14 (1) The following provisions are prescribed for the purposes of section 17 (1) (a) of the Act: Offences (a) sections 2 (a) and (b), 3 (1), (2) (a), (b) and (c) and (3) (a) and (b), 4, 5 (1) (a) and (b) and (2), 6, 7 (a) and (b), 8, 25 (2) (a), (b) and (c) and (4) of the Act, and (b) sections 7 (3), 11 and 13 (3) of this regulation. (2) The following provisions are prescribed for the purposes of section 17 (5) of the Act: (a) sections 3 (1), (2) (a), (b) and (c) and (3) (a) and (b), 4, 5 (1) (a) and (b) and (2), 25 (2) (a), (b) and (c) and (4) of the Act, and (b) sections 7 (3) and 11 of this regulation. 15 (1) A person who contravenes section 7 (3), 11 or 13 (3) of this regulation commits an offence. (2) If a business entity commits an offence under subsection (1) in respect of section 7 (3) or 11 of this regulation, an employee, officer, director or agent of the business entity who authorized, permitted or acquiesced in the commission of the offence also commits an offence, whether or not the business entity is prosecuted for the offence. (3) An individual who commits an offence under this section is liable on conviction to the penalties set out in section 26 (1) of the Act. (4) A business entity that commits an offence under this section is liable on conviction to the penalty set out in section 26 (2) of the Act. page 7 of 11

8 FORM A Name of metal dealer/recycler: Form A - Transaction Record Metal Dealers and Recyclers Regulation METAL PEALER/RECYCLER INFORMATION Registration number: Address: Prov: Postal Code: Phone number (include area code): ate of transaction: Time of transaction: Total value of transaction: Full name of employee completing the transaction: Full Name as recorded on the identification: Identification presented: Driver's licence: BC identification card: Note: ID mast have photograph of the person. IDENTIFICATION INFORMATION OF PERSON PRESENTING METAL, Driver's licence number or identification card number: Province/state issuing driver's licence: Customer Code: 1 Customer code is the first three letters of the person's surname and he last three numbers, letters or characters as it appears on the identification. Far example: John Tucker's BC DL # would be coded as ILC567". SELLER INFORMATION - Name: Address: Prov: Postal Code: Phone number (include area code): Name: IF DELIVERER OF. THE METAL IS NOT THE OWNER Address: Prov: Postal Code: Phone number (include area code): DESCRIPTION OF VEHICLE USED DELIVERING THE METAL Make Model Colour Plate Number Province/State DESCRIPTION OF METAL PURCHASED Description of predominant metal: (e.g. copper pipes 'h inch outer diameter, aluminum house siding etc.) Institute of Scrap Recycling Industries (15RI)Code(s): Distinguishing marks or features of metal (if any): Weight (kg): Origin of metal stated by seller: DESCRIPTION OF PROOF OF OWNERSHIP OF METAL: (required if metallic wire wilt, insulation or casing removed or metal with identifying marks presented) page 8 of 11

9 FORM B Form B Report tolocal::police:authority: METAL DEALERS AND RECYCLERS REGULATION (b) of the Metal Dealers and Recycle/7s Act: and forwarded to local polite authority under section 6 of the Act Infartnation recorded under section This report must be transmitted to the local police authority no later than 11:59 p on the date of the transaction Name of metal dealer/recycler: Registration number: Metal dealer/recycler business address: Date of transaction: Time of transaction: Total value of transaction: Full name of employee completing the transaction: Customer code: DESCRIPTION OF METAL PURCHASED Description of predominant metal: (e.g. copper pipes A inch outer diameter, aluminum house siding etc.) Distinguishing marks or features of metal: Institute of Scrap Recycling Industries (1SR1) Code(s): Weight (kg): page 9 of 11

10 APPENDIX 2 1 Schedule 1 of the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended (a) by adding the following paragraphs to Column 2 opposite item 1B: (i.2) Metal Dealers and Recyclers Act (i.3) Metal Dealers and Recyclers Regulation, and (b) by adding the following item: COLUMN 1 COLUMN 2 COLUMN 3 Item Enforcement Officer Enactments for Which a Violation Enactments for Which a Ticket or Appearance Notice May Violation Ticket or Be Issued Appearance Notice May Be Issued 27 Inspector appointed under section 13 of the Metal Dealers and Recyclers Act The provisions, referred to in Column 1 of Schedule 2, of the following enactments: (a) Metal Dealers and Recyclers Act; (b) Metal Dealers and Recyclers Regulation. 2 Schedule 2 of the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended by adding the following items: Metal Dealers and Recyclers Act section 2 (a) section 2 (b) section 2 (b) section 3 (1) section 3 (2) (a) section 3 (2) (b) section 3 (2) (c) section 3 (3) (a) Fail to present prescribed identification Fail to present prescribed identification Fail to provide required information Purchase of metal from person who does not provide the required identification or information Fail to take reasonable measures to ensure identification has not been altered or defaced Fail to take reasonable measures to ensure identification was issued by issuing agency to the person Fail to take reasonable measures to ensure identification is not forged or fraudulent Purchase, without proof of ownership, metallic wire that reasonably appears to have had insulation or casing removed page 10 of 11

11 section 3 (3) (b) section 5 (1) (a) section 5 (1) (b) section 5 (2) section 6 section 7 (a) section 7 (b) section 8 section 25 (1) (b) section 25 (2) (a) section 25 (2) (b) section 25 (2) (c) section 25 (4) Purchase, without proof of ownership, regulated metal with identifying marks of ownership by a local authority, public utility or prescribed entity Fail to assign a customer code Fail to record required information at time of transaction Fail to collect and record required information at time of transaction Fail to provide transaction information to local police authority within prescribed period of time or in prescribed manner and form Fail to record and maintain transaction information in prescribed manlier and form Fail to keep transaction information on business premises for at least one year Carry on business as metal dealer or recycler without registration Fail to comply with a term or condition of registration Provide false or misleading information when required or authorized by the Act Provide false or misleading information when applying for registration Provide false or misleading information when requested, ordered or directed by the registrar or an inspector to provide information Obstruct, impede or refuse to admit an inspector $100 $15 $115 Metal Dealers and Recyclers Regulation section 7 (3) section 11 section 13 (3) Fail to notify local police authority of change to transaction information Payment in cash for regulated metal if value greater than $50 Fail to keep required list of commercial entities page 11 of 11

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL.

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL. Order in Council No. 010 Approved and Ordered JAN 1 7 2013 Executive Council Chambers, Victoria On the recommendation of the undersigned,