Under the Authority of the Emergency Program Act the Travel Restrictions (COVID-19) Order No. 2 provides additional authorities for Police to conduct site-specific road checks on travel corridors as determined by the police. Note: The RCMP is the only agency intended to establish road checks and these will occur under the direction and guidance of RCMP “E” Division Traffic Services. These additional powers are contained in Section 4 of the Order:
A police officer may require the driver of motor vehicle to stop, and the driver, when signalled or requested to stop by a police officer who is readily identifiable as a police officer, must immediately come to a safe stop
A police officer may exercise the power under subsection (1) only at a location that is specified to police officers for the purposes of this order by a police force.
A police force may specify to police officers a location referred to in subsection (2) and, if it does specify a location, must do so in writing
If requested by a police officer for the purposes of this order, the driver of a motor vehicle that has been stopped under subsection (1) must
Provide the driver’s name, address and driver’s licence
Provide any other available documentation respecting paragraph (a)
State the purpose of the driver’s travel.
If the police officer reasonably believes that the driver
Has contravened or is contravening section 2 (1) of this order, the police officer may direct the driver to leave the health authority region that the driver was prohibited from entering, or
Is about to contravene subsection 2 (1) of this order, the police officer may direct the driver to not enter a health authority region that the person is prohibited from entering
The driver directed to leave, or not to enter, a health authority region, as applicable, under subsection (5) must comply with the direction of the police officer
Two exemptions have been added to this Order and are considered essential travel. They are as follows:
Visiting by an essential visitor or social visitor as provided in the guidance of the Ministry of Health set out in a document titled “Ministry of Health – Overview of Visitors in Long-Term Care and Seniors’ Assisted Living” that was in effect April 1, 2021.
Travelling for the purpose of leaving the risk of abuse or violence.
Offences and fine amounts:
As with the first version of the Order, police are authorized to issue violation tickets for violation of the travel ban and abusive or belligerent behaviour. Police can now also issue violation tickets for failing to stop, failing to provide information and failing to comply with direction. Schedule 2 of the Violation Ticket Administration and Fines Regulation (BC Reg 89/97) has been amended to include the following contraventions issued under the Travel Restrictions (Covid-19) Order No. 2:
Section 2 (1) Fail to comply with travel restriction ($575 fine)
Section 4 (1) Fail to stop for police ($230 fine)
Section 4 (4) Fail to provide information ($230 fine)
Section 4 (6) Fail to comply with direction ($230 fine)
Section 5 Abusive or belligerent behaviour ($230 fine)
The Order does NOT provide police with authority to:
Carry-out street checks
Stop pedestrians on the streets or to conduct random inspections or investigations.
Carry-out random vehicle checks or checks at the discretion of individual police officers.
Require passengers in the vehicle to provide any information. Passengers in the vehicle are not required to provide any information.
Record personal information related to road checks or other lawful interactions unless enforcement action is taken.
Run personal information into police databases to collect information on outstanding warrants or immigration status unless enforcement action is taken.