General Questions
What does the Coalition support?
- Efforts to address the root causes of ‘disorder’.
- Relief from the symptoms that are making neighborhoods unsafe for businesses
and their employees, visitors and the average citizen.
- Encouraging all levels of government to work together.
- New provincial legislation that provides a uniform set of tools that will
allow communities to more effectively deal with these issues and restore order
to their streets.
Why is there a need for Safe Streets legislation and
amendments to Britsh Columbia's Trespass Act?
- There is a relatively small number of aggressive individuals who do not respond
to reason.
- These aggressive individuals have, through absent or ineffective legislation,
found ways to confound communities and police.
- They represent a significant barrier to people’s sense of safety and enjoyment
of homes and businesses.
- They are an international detractor to tourism.
- They are a threat to the disadvantaged and those they consider vulnerable.
- Their unchecked behaviour has led to an increase in disorder in communities
across the province.
Is there Evidence that it Works?
- Ottawa Carlton successfully implemented Safe Streets Legislation in 2000.
A small number of people challenged it and underwent temporary incarceration.
People stopped challenging it when they realized police had an arrest option
to deal with repetition and continuation of the offence.
- There was a Charter challenge which was successfully defeated, although it
is under appeal.
- Both Ottawa Carlton Police and the Executive Director of a social service
agency in Toronto independently said that it has reduced tension on the streets
and incidents of aggressive behaviour.
- It is not the only answer, but it provides relief from acute disorder situations
while solutions addressing complex social problems evolve.
Vancouver and others have Panhandling Bylaws.
Why don’t they work?
- The municipal framework for bylaw enforcement is constructed anticipating that people will be compliant and that they have addresses and assets that are vulnerable to civil recovery processes.
- Municipalities lack the authority to create arrest provisions for repetition and continuation of offences because they do not have the legislative authority as does the province to use criminal code summary conviction procedures by reference through the Offence Act.
Enforcement Questions
Prohibited Actions
What are some specific actions prohibited under the Safe Streets Act and amended Trespass Act?
The Safe Streets Act divides the offences into two categories: Aggressive Solicitation and Captive Audience Solicitation.
Examples of Aggressive Solicitation would lead a person to fear for their safety and include:
- Aggressively following people while asking them for money.
- Blocking a person’s passage while demanding money when the person is trying to walk down the street.
- Making rude comments or lewd gestures if someone refuses to give you money, if those actions would cause a reasonable person to fear for their safety.
- Any other action that would make a reasonable person fear for their safety.
Examples of Captive Audience Solicitation include:
- Approaching a person while they are in a captive audience situation. A captive audience situation includes being at a bus stop, an ATM (bank machine), or while a person is sitting in a car at a stop light.
Examples of violations of the amended Trespass Act include:
- Remaining on private property after being asked to leave by the property owner or occupier or a representative of the property owner or occupier.
- Defacing signs that give notice of trespass or prohibited activities.
What about panhandling, is this an anti-beggars law?
No, this is not an anti-panhandling or anti-beggar law. This is an anti-aggressive solicitation law and an anti-captive audience solicitation law. Panhandling that is not aggressive and is away from a captive audience location is not illegal under the Safe Streets Act or under the amended Trespass Act.
Fine Amounts
How much are the violation tickets under the Safe Streets Act and amended Trespass Act?
Depending on the contravention, tickets are $86, including an $11 victim surcharge levy and $115, including a $15 victim surcharge levy.
Why are there two different fine amounts?
The $86 fine is for captive audience solicitation. These situations do not necessarily involve soliciting in a manner that would cause a reasonable person to be
concerned for their safety or security. A captive audience includes squeegee people approaching a car at a stop light, asking someone for money when they are using or waiting at a bank machine or while riding on public transportation. There is also a provision under the Motor Vehicle Act prohibiting this type of activity.
The $115 fine is for aggressive solicitation, which could involve abusive or threatening behaviour. The offence must involve conduct that would cause a reasonable person to fear for his or her safety.
What is the ticket amount if a squeegee person was ticketed under the Motor Vehicle Act?
The ticket amount is $109, including a $14 victim surcharge levy. If a person is ticketed for contravention of s. 182 of the Motor Vehicle Act, and they pay on or before 30 days from the day they were served the ticket, they get a $25 discount. In that case the total ticket amount would be $84 including a $14 victim surcharge levy.
Is there a specific breakdown of fine amounts?
Yes. The specific breakdown of what the ticket amounts for each offence are listed below:
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Provision |
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Violation Ticket Amount |
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Safe Streets Act, S.B.C. 2004, c. 75 (not in force) |
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s. 2(1) & (2)(a) to (e)—aggressive solicitation |
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$115, including $15 victim surcharge levy |
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s. 3(2)(a) to (e) & 3(5)—captive audience solicitation |
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$86, including $11 victim surcharge levy |
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Trespass Act, as amended by Trespass Amendment Act, 2004, S.B.C.
2004, c. 73 (amendments not in force) |
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s. 4(1) (trespass on enclosed land or premises, engaging in a prohibited
activity) |
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$115, including $15 victim surcharge levy |
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s. 4(3)(c) or (d) (further offences respecting failing to leave or
stop engaging in a prohibited activity) |
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$115, including $15 victim surcharge levy |
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s. 5(7) (removing or defacing a sign) |
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$115, including $15 victim surcharge levy |
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s. 8 (trespasser must give name and address) |
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$115, including $15 victim surcharge levy |
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Payment Options
Where do people go to pay the tickets?
ICBC collects violation tickets on behalf of the government. All payment options including mail-in options are listed on the back of the violation tickets.
More information on ICBC programs or procedures is available through the website at http:///www.icbc.com or by calling: In the Lower Mainland 604 661-2800 or 1-800-663-3051 elsewhere in Canada and the U.S.
What if a person issued a ticket doesn’t pay it?
A person who is issued a violation ticket has 30 days to pay it, or take steps to dispute the ticket. If the person does not pay or dispute the ticket, they are deemed guilty and the fine amount becomes payable to the Crown. The person would then be subject to collection activity.
You said ICBC is collecting the tickets. Does collection activity mean if someone doesn’t pay a ticket for aggressive panhandling they’d lose their license?
No, ICBC would not refuse to issue a driver's licence in this case. If this type of fine went unpaid for an extended period of time it would be passed on to a collections agency to recover. ICBC would not take any action.
Can a person go to jail for not paying their ticket?
This ticket is not unlike a parking or speeding ticket. A person cannot go to jail in Canada for refusing to pay a ticket.
Can a person go to jail for violating the Safe Streets Act or amended Trespass Act?
Yes in certain circumstances. It is up to a judge to determine whether a person will face a jail sentence based on repeat offences or the nature of the specific offence. The judge would have other options, including prohibiting a person from returning to the area of the offence.
Inability to Pay
Do you expect someone with no money to pay a fine?
We expect people to not break the law. If they do there are consequences. An inability to pay a fine has never been an excuse for breaking the law.
Where do you send violation tickets if the person is homeless?
Violation tickets are handed out on the spot.
Charities and Fundraisers
Can charities still hold fundraisers on bank property, in front of a grocery store or near automated teller machines?
Yes, as long as the person soliciting has received express permission from the owner or occupier of the premises. With that permission, the law allows solicitation within five metres of the ATM.
Can a person get express permission to solicit near one of the other listed captive audience locations, other than an ATM?
No. The Safe Streets Act provides that express permission can be given to solicit near an ATM, but does not provide that express permission can be given to solicit near any other location. Permission to solicit near any other location would not over-ride the clear prohibition in the Act.
What about Girl Guides, Salvation Army and other organizations that are fund raising on the streets and sidewalks? Will the Safe Streets Act apply to these kinds of groups too?
Yes. The Safe Streets Act applies to anyone who solicits in an aggressive manner or who solicits within five metres of one of several listed captive audience locations. An exception includes receiving express permission from an owner or occupier of premises on which an automated teller machine is located to solicit within five metres of the ATM.
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