WHEREAS the ability of local government to regulate the operation of pawn shops and second hand dealers is an effective tool in preventing the sale or pawning of stolen goods; AND WHEREAS the recent decision by the BC Court of Appeal in the case of Royal City Jewellers v. New Westminster has created uncertainty about the application of local government bylaws regulating pawnshops and second hand goods dealers and the information that can be shared with police; THEREFORE BE IT RESOLVED that the Union of BC Municipalities request that the Ministry of Community Services amend the following section of the Community Charter to read: Section 591A Council may, by bylaw, do one of the following: b in relation to persons engaged in the business activity of purchasing, taking in barter or receiving used or second hand goods. i require such persons, after purchasing, taking in or receiving used or second hand goods, to notify the chief constable who has jurisdiction in the municipality that information determined by Council to be relevant concerning the goods and the person providing the used or second hand goods within the time period established in the bylaw; ii prohibit such persons from altering the form of, selling, exchanging or otherwise disposing of those goods during the time period established by the bylaw; iii require such persons to give notice to persons pawning or selling goods that information about the transaction, including personal information about themselves, may be provided to the police. AND BE IT FURTHER RESOLVED that parallel amendments be made to the Vancouver Charter.
MINISTRY OF PUBLIC SAFETY AND SOLICITOR GENERAL The Ministry of Public Safety and Solicitor General Ministry understands that this is an important issue for UBCM. As a result, the Ministry is exploring the feasibility of both legislative and non-legislative solutions. This is a complex issue from both the legal and civil liberties perspectives. In fact, the Privacy Commissioner has strong concerns regarding the automatic transfer of information and has indicated strong opposition to changing the legislation. Given these complexities, it is important, as we look for solutions, that such solutions are effective from a public safety, law enforcement and legal perspective.