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| This archived statute consolidation is current to November 8, 1991 and includes changes enacted and in force by that date. |
1. In this Act
"agent", when used in relation to the Crown, includes an independent contractor employed by the Crown;
"Crown" means Her Majesty the Queen in right of the Province;
"officer of the Crown" includes a minister of the Crown and an employee of the Crown;
"order" includes a judgment, decree, rule, award and declaration;
"person" does not include the Crown;
"proceeding against the Crown" includes a claim by way of set off or counterclaim raised in proceedings by the Crown, an interpleader proceeding to which the Crown is a party, and a proceeding in which the Crown is a garnishee.
Historical Note(s): 1974-24-1.
2. Subject to this Act,
(a) proceeding against the Crown by way of petition of right is abolished;
(b) a claim against the Crown that, if this Act had not been passed, might be enforced by petition of right, subject to the grant of a fiat by the Lieutenant Governor, may be enforced as of right by proceeding against the Crown in accordance with this Act, without the grant of a fiat by the Lieutenant Governor;
(c) the Crown is subject to all those liabilities to which it would be liable if it were a person; and
(d) the law relating to indemnity and contribution is enforceable by and against the Crown for any liability to which it is subject, as if the Crown were a person.
Historical Note(s): 1974-24-2.
3. (1) This Act is subject to the Workers Compensation Act and does not apply to
(a) proceedings under
(i) the Income Tax Act; or
(ii) the Corporation Capital Tax Act; or
(iii) the Logging Tax Act;
(b) assurance fund proceedings under land title legislation; and
(c) proceedings to which the Federal Courts Jurisdiction Act applies.
(2) Nothing in section 2
(a) authorizes proceedings against the Crown for anything done or omitted to be done by a person acting reasonably and in good faith while discharging or purporting to discharge responsibilities
(i) of a judicial nature vested in him; or
(ii) that he has in connection with the execution of judicial process;
(b) subjects the Crown to greater liability for the acts or omissions of an independent contractor employed by the Crown than that to which the Crown would be subject for those acts or omissions if it were a person;
(c) affects the right of the Crown to intervene in proceedings affecting its rights, property or profits;
(d) authorizes proceedings against the Crown for a cause of action that is enforceable against a corporation or other agency owned or controlled by the Crown;
(e) authorizes proceedings against the Crown for anything done in the due enforcement of the criminal law or the penal provisions of an Act; or
(f) subjects the Crown, in its capacity as a highway authority, to any greater liability than that to which a municipal corporation is subject in that capacity.
Historical Note(s): 1974-24-3; 1977-20-5.
4. (1) Subject to this Act, all proceedings against the Crown in the Supreme Court shall be instituted and proceeded with under the Supreme Court Act.
(2) [Repealed 1989-40-64.]
(3) In proceedings against the Crown, the trial shall be without a jury.
Historical Note(s): 1974-24-4; 1989-40-64.
5. Nothing in this Act authorizes a proceeding against the Crown under the Small Claim Act.
Historical Note(s): 1974-24-5.
6. Subject to this Act, all enactments and rules of court for appeals and stay of proceedings shall, with the necessary changes and so far as are applicable, apply to proceedings against the Crown and proceedings in which the Crown is a party.
Historical Note(s): 1974-24-6.
7. In proceedings under this Act, the Crown shall be designated "Her Majesty the Queen in right of the Province of British Columbia".
Historical Note(s): 1974-24-7.
8. A document to be served on the Crown shall be served on the Attorney General at the Ministry of the Attorney General in the City of Victoria and is sufficiently served if left there during office hours with a solicitor on the staff of the Attorney General at Victoria or mailed by registered mail to the Deputy Attorney General at Victoria.
Historical Note(s): 1977-31-7.
9. (1) In proceedings against the Crown and proceedings in which the Crown is a party, the rules of the court in which the proceedings are pending as to discovery and inspection of documents, examination for discovery and interrogatories apply as if the Crown were a corporation.
(2) Subsection (1) is without prejudice to a rule of law that authorizes or requires the withholding of a document, or the refusal to answer a question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.
(3) Where the Crown claims that the disclosure of the document or the answering of the question would be injurious to the public interest, the court may, after holding an inquiry it considers necessary and reasonable, and on finding that public interest in the administration of justice should prevail over public interest in withholding the document or answering the question, order, subject to conditions or restrictions it considers appropriate, production and discovery of the document or that the question be answered.
Historical Note(s): 1974-24-9.
10. (1) The Crown may, notwithstanding that an application for relief is made by a sheriff or bailiff or other similar officer, obtain relief by way of interpleader proceedings, and may be made a party to the proceedings in the same manner as a person may obtain relief by way of those proceedings or be made a party to them.
(2) The interpleader provisions in the rules of court shall, subject to this Act, apply to the proceedings.
Historical Note(s): 1974-24-10; 1989-40-65.
11. (1) In proceedings against the Crown and proceedings in which the Crown is a party the rights of the parties shall, subject to this Act, be as nearly as possible the same as in a suit between person and person, and the court may
(a) make an order, including an order as to costs, that it may make in proceedings between persons; and
(b) otherwise give the appropriate relief that the case may require.
(2) Where, in proceedings against the Crown, relief is sought that might, in proceedings between persons, be granted by way of injunction or specific performance, the court shall not, as against the Crown, grant an injunction or make an order for specific performance; but may make an order declaratory of the rights of the parties instead of an injunction or an order for specific performance.
(3) No person shall avail himself
(a) of a set off or counterclaim in proceedings by the Crown for the recovery of taxes, duties or penalties; or
(b) in proceedings of any nature by the Crown, of a set off or counterclaim arising out of a right or claim to repayment for taxes, duties or penalties.
(4) The court shall not in a proceeding grant an injunction or make an order against an officer of the Crown if the effect of granting the injunction or making the order would be to give relief against the Crown that could not have been obtained in proceedings against the Crown; but may make an order declaratory of the rights of the parties instead of granting the injunction or making the order.
(5) No person shall, without leave of the court, avail himself of a set off or counterclaim in proceedings by the Crown, unless the subject matter of either the set off or the counterclaim relates to a matter under the administration of the particular government ministry for which the proceedings are brought by the Crown.
(6) In proceedings against the Crown in which the recovery of land or other property is claimed, the court shall not make an order for the recovery of the land or the delivery of the property; but may, instead, make an order declaring that the claimant is entitled, as against the Crown, to land or property or to possession of it.
Historical Note(s): 1974-24-11; 1977-75-1.
12. A judgment debt due to or from the Crown bears interest in the same way as a judgment debt due from one person to another.
Historical Note(s): 1974-24-12.
13. (1) Subject to this Act, where in proceedings against the Crown, and proceedings in which the Crown is a party, an order for costs or other order is made by a court against the Crown, the proper officer of the court shall, on an application in that behalf, issue a certificate.
(2) Where the court directs, a separate certificate shall be issued for the costs, if any, ordered to be paid to the applicant.
(3) A certificate issued under this section may be served on the person named in the record as the solicitor, or as the person acting as solicitor, for the Crown.
(4) Where the order provides for the payment of money by way of damages or otherwise, or of costs, the certificate shall state the amount payable, and the Minister of Finance shall, subject as hereafter provided, pay out of the consolidated revenue fund to the person entitled, or to his order, the amount appearing by the certificate to be due, together with the interest, if any, lawfully due.
(5) The court which makes an order or a court to which an appeal against the order lies may direct that, pending an appeal or otherwise, payment of the whole of the amount payable, or any part shall be suspended and, if the certificate has not been issued, may order the direction to be inserted in it.
(6) No execution or attachment or process of that nature shall be issued out of a court for enforcing payment by the Crown of money or costs.
(7) This section applies to litigation pending on August 1, 1974.
Historical Note(s): 1974-24-13.
14. (1) Where a claim is made against the Crown and the Attorney General certifies, either before or after proceedings authorized by this Act have been commenced, that
(a) he considers that the claim, if pursued, could result in an order referred to in section 13 (4) for the payment of money by the Crown; and
(b) it is in the public interest to settle the claim in an amount set out in the certificate;
the Minister of Finance shall pay that amount to the person making the claim.
(2) Where a proceeding authorized by this Act has been commenced and the Attorney General certifies that it is in the public interest to make payment into court, the Minister of Finance shall pay into court the amount set out in the certificate.
(3) Where the amount to be set out in this certificate under subsection (1) or (2) is $100,000 or more, the Attorney General shall obtain the approval of the Treasury Board before issuing the certificate.
(4) Money paid by the Minister of Finance under this section shall be paid out of the consolidated revenue fund.
Historical Note(s): 1979-2-17; 1981-15-86, proclaimed effective November 26, 1981.
15. (1) The Comptroller General shall in each fiscal year prepare for the Minister of Finance a statement recording for the preceding fiscal year
(a) each certificate served under section 13;
(b) each certificate issued under section 14; and
(c) the money paid out in respect of those certificates.
(2) On receipt of a statement under subsection (1), the Minister of Finance shall annually, as soon as practicable, lay it before the Legislative Assembly.
Historical Note(s): 1979-2-17.
16. This Act shall not prejudice the right of the Crown to take advantage of an Act of the Legislature. In proceedings against the Crown, an Act of the Legislature that could, if the proceedings were between persons, be relied on by the defendant as a defence to the proceedings, whether in whole or in part, or otherwise, may, subject to an express provision to the contrary, be relied on by the Crown.
Historical Note(s): 1974-24-14.
17. Notwithstanding the repeal of the Crown Procedure Act, that Act applies to a cause of action for proceedings against the Crown that arose before August 1, 1974, whether or not it is or is considered to be a cause of action continuing after August 1, 1974.
Historical Note(s): 1974-24-16.
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