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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
"council" means the judicial council continued under section 12;
"court" means the Provincial Court of British Columbia;
"judge" means a judge of the court and includes the chief judge, associate chief judge, administrative judges and supernumerary judges;
"justice" means justice of the peace;
"proceeding" means a matter, cause or action, whether civil or criminal, before the court.
Historical Note(s): 1975-57-1; 1981-26-1, proclaimed effective July 30, 1981.
2. (1) The Provincial Court of British Columbia, established under the Provincial Court Act, S.B.C. 1969, c. 28, is continued under this Act.
(2) The court is a court of record, and the court and every judge have jurisdiction throughout the Province to exercise all the power and perform all the duties conferred or imposed on a judge of the Provincial Court, a magistrate, justice or 2 or more justices sitting together, by or under an enactment of the Province or of Canada.
(3) The court may commit for contempt of court.
(4) The court is designated as the youth court for purposes of the Young Offenders Act (Canada) and a judge is a youth court judge under that Act by virtue of his appointment under this Act.
(5) [Repealed 1987-43-71, effective October 14, 1987 (B.C. Reg. 372/87).]
(6) The court may sit at any place in the Province for the orderly dispatch of the business of the court.
Historical Note(s): 1975-57-2; 1984-30-59, effective June 11, 1984 (B.C. Reg. 165/84); 1987-43-71, effective October 14, 1987 (B.C. Reg. 372/87); 1989-38-34.
3. (1) Subject to this section, proceedings before the court that deal with family or children's matters shall be open to the public.
(2) The Attorney General may designate and shall publish in the Gazette those matters that for the purposes of this section shall be deemed to be family or children's matters.
(3) A judge may exclude any person from the courtroom, other than a child before the court, a party to the proceedings or their counsel, where he is satisfied that the person's presence
(a) may materially prejudice the best interests of a child;
(b) will substantially prejudice the interests of an adult party to the proceedings; or
(c) will interfere with the administration of justice.
(4) A judge may exclude a child before the court or a party to the proceedings from the courtroom where he is satisfied beyond a reasonable doubt that the person's presence will interfere with the administration of justice.
(5) This section shall not be construed to prevent a judge from excluding a prospective witness from the courtroom.
(6) A person shall not, in relation to family or children's matters before the court, publish at any time anything that would reasonably be likely to disclose to members of the public the identity of the child or party.
(7) Notwithstanding subsection (6) a report, comment or analysis concerning a proceeding may be published in a document designed primarily to assist those engaged in the practice of law or in legal or social research.
Historical Note(s): 1975-57-3.
3.1 (1) The Attorney General may designate any registry of the court as a registry of the Supreme Court for purposes of subsection (2).
(2) A proceeding in the Supreme Court under the Divorce Act, 1985 (Canada) or the Family Relations Act may be filed in a designated registry.
(3) A judge of the Provincial Court has jurisdiction to hear and decide any interlocutory application in a proceeding under the Divorce Act, 1985 (Canada) or the Family Relations Act, except sections 31, 37 (1) (c) (iv), 78 and Part 3, that has been filed in a designated registry under subsection (2).
(4) A person affected by a decision of a judge in an interlocutory proceeding referred to in subsection (3) may appeal to a judge of the Supreme Court.
Historical Note(s): 1990-34-12.
4. (1) Each municipality shall have a family court committee appointed by the municipal council in January of each year, the members to include persons with experience in education, health, probation or welfare, and to serve without remuneration.
(2) Where a court facility in which family matters are dealt with serves more than one municipality or area not in a municipality, the family court committee shall be composed of representatives from each area served.
(3) The municipalities involved shall appoint one member of the family court committee as chairman, and another as vice chairman.
(4) The family court committee shall
(a) meet not less than 4 times a year to consider and examine the resources of the community for family and children's matters, to assist the court when requested and generally, and to make the recommendations to the court, the Attorney General or others it considers advisable;
(b) assist the officers and judges of the court, where requested, to provide a community resource or assistance in individual cases referred to the committee; and
(c) report annually to the municipalities involved and to the Attorney General respecting their activities during the past year.
Historical Note(s): 1975-57-4; 1977-60-1.
5. (1) The Lieutenant Governor in Council on the recommendation of the council may, by Commission under the Great Seal,
(a) appoint judges of the court as he considers necessary, and
(b) where a judge has resigned or retired, reappoint him to perform duties assigned to him under section 6.1 (1).
(2) A person shall not be appointed under this section as a judge unless he has been a member in good standing of the Law Society of British Columbia for at least 5 years or he has other legal or judicial experience satisfactory to the council.
(2.1) A person who is under 55 years old or over 70 years old shall not be reappointed under subsection (1) (b).
(3) A judge appointed under any provision of this Act, before entering on the duties of his office, shall swear an oath as follows:
I, .............................., do swear that I will truly and faithfully, according to my skill and knowledge, execute the duties, powers and trusts placed in me as a judge of the Provincial Court of British Columbia and that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, her heirs and successors.
Historical Note(s): 1975-57-5; 1984-26-13, effective June 18, 1984 (B.C. Reg. 161/84); 1987-43-72, effective October 14, 1987 (B.C. Reg. 372/87).
5.1 A justice of the Court of Appeal or a judge of the Supreme Court of British Columbia may sit as a judge of the Provincial Court and where he does, he is a judge of that court.
Historical Note(s): 1981-26-2, proclaimed effective July 30, 1981; 1989-40-181.
5.2 The chief judge may appoint a person as a judge of the court for
(a) a period of time set out in the appointment, or
(b) a specific case or class of cases set out in the appointment,
or both, where
(c) the appointee is a provincial court judge, as defined in the Criminal Code, in a province other than British Columbia, and
(d) the chief judge of or the person who holds the equivalent office of the chief judge of the provincial court in the other province consents to the appointment.
Historical Note(s): 1987-43-73, effective October 14, 1987 (B.C. Reg. 372/87).
5.3 Notwithstanding any other provision of this Act, a judge serving under section 5.1 or appointed under section 5.2 is not entitled to payment by the Province of remuneration, expenses, vacation benefits, pension benefits, sickness or disability benefits or any other kind of payment by reason only of services rendered or costs incurred as a result of the service or appointment, but where the Attorney General authorizes payment to the judge appointed under section 5.2 or to the province from which he comes, or to both, of an amount as some or all of the remuneration or expenses of the judge, the payment may be made.
Historical Note(s): 1987-43-73, effective October 14, 1987 (B.C. Reg. 372/87).
6. (1) The Lieutenant Governor in Council shall designate a judge as chief judge of the court and may designate one or more judges as associate chief judges of the court.
(2) An associate chief judge has, subject to the direction of the chief judge, the same powers and duties as the chief judge.
(3) [Repealed 1981-26-3, proclaimed effective July 30, 1981.]
(4) The Attorney General may, on the recommendation of the chief judge, designate a judge as an administrative judge to have, subject to the direction of the chief judge, the powers and duties of the chief judge under section 6.1 (1) in an area of the Province the Attorney General designates.
Historical Note(s): 1975-57-6; 1977-60-2,7; 1981-26-3, proclaimed effective July 30, 1981.
6.1 (1) The chief judge has the power and duty to supervise the judges, justices and court referees and, without limiting the generality of the foregoing, may
(a) designate the case or matter, or class of cases or matters, in which a judge, justice or court referee shall act,
(b) designate the court facility where a judge, justice or court referee shall act,
(c) assign a judge, justice or court referee to the duties the chief judge considers advisable, and
(d) exercise the other powers and perform other duties prescribed by the Lieutenant Governor in Council.
(2) Subject to section 16 (2), all complaints concerning a judge, justice or court referee shall be directed in writing to the chief judge who, having examined the complaint, shall report in writing to the complainant and to the judge, justice or court referee.
(3) The chief judge shall conduct an investigation respecting the fitness of a judge, justice or court referee to perform his duties where
(a) he considers that an investigation is required, or
(b) he is directed by the Attorney General to conduct an investigation.
(4) On completion of an investigation under subsection (3), the chief judge may
(a) take any corrective action that he considers necessary using the powers given him under this Act, or
(b) order that an inquiry be held respecting the fitness of the judge, justice or court referee to perform his duties
and he shall submit to the Attorney General a written report setting out the nature of the investigation, relevant facts, his findings and any corrective action taken.
(5) Where the chief judge orders an inquiry under subsection (4) (b), he shall give written notice together with a copy of the report prepared under subsection (4) to the judge, justice or court referee.
Historical Note(s): 1981-26-4, proclaimed effective July 30, 1981.
7. (1) A judge shall be paid, out of the consolidated revenue fund, a salary fixed by resolution of the Legislative Assembly, after a report has been laid before it by the Attorney General pursuant to section 7.1 (5).
(2) A resolution referred to in subsection (1) may fix different salaries for different responsibilities.
(3) A judge shall be reimbursed for reasonable travelling and out of pocket expenses incurred by him in the discharge of his duties.
Historical Note(s): 1986-16-48, effective July 18, 1986 (B.C. Reg. 170/86).
7.1 (1) In this section "committee" means a compensation advisory committee appointed under this section.
(2) The Attorney General shall, as soon as practicable after this section comes into force, and in each even numbered year after that, appoint 3 persons as a Compensation Advisory Committee.
(3) None of the persons appointed as a committee shall be a barrister, a solicitor, a judge of the court or a person employed in the public service or by a Crown corporation, and the Attorney General shall designate one of the members of the committee as chairman.
(4) The function of a committee is to make a report to the Attorney General, not later than December 31 in the year in which it is appointed, on all matters respecting the remuneration, allowances and benefits of judges of the court and to make recommendations with respect to those matters.
(5) The Attorney General shall lay a report that he receives from a committee before the Legislative Assembly as soon as practicable.
(6) The members of the committee shall be reimbursed for travelling expenses reasonably and necessarily incurred in the discharge of their duties and, in addition, may be paid remuneration specified by the Lieutenant Governor in Council.
(7) The committee may, with the approval of the Attorney General, engage and retain persons the committee considers necessary as consultants.
(8) For the fiscal year commencing April 1, 1986, money may be expended from the consolidated revenue fund for the purposes of the committee without an appropriation other than this section.
Historical Note(s): 1986-16-49, effective July 18, 1986 (B.C. Reg. 170/86).
8. (1) Subject to subsection (2) and section 9, a judge shall devote himself exclusively to his judicial duties and shall not engage, directly or indirectly, in any other occupation, profession or business.
(2) The Lieutenant Governor in Council may, with the approval of the chief judge, assign other duties to a judge in place of some or all of his judicial duties in accordance with any conditions contained in the order assigning the judge.
Historical Note(s): 1981-26-6, proclaimed effective July 30, 1981.
9. (1) A judge is entitled to annual vacation leave equivalent to the maximum of
(a) 22 working days, or
(b) the number of working days prescribed by the Lieutenant Governor in Council
and the annual vacation shall be scheduled by the chief judge.
(2) The chief judge may in special circumstances grant a judge leave of absence from his judicial duties for more than the maximum annual vacation under subsection (1), at a salary, if any, that the chief judge determines.
(3) Where the chief judge believes that a judge who has not been granted a leave of absence under subsection (2) has been absent for more than the maximum annual vacation under subsection (1), he shall report the absence to the Attorney General.
(4) [Repealed 1985-65-11, effective December 13, 1985 (B.C. Reg. 391/85).]
Historical Note(s): 1975-57-9; 1981-26-7, proclaimed effective July 30, 1981; 1985-65-11, effective December 13, 1985 (B.C. Reg. 391/85).
9.1 (1) The Attorney General may establish a sickness or disability benefit plan for judges and, in establishing a plan, he may incorporate by reference all or part of an existing sickness or disability benefit plan.
(2) [Repealed 1983-10-22, effective October 26, 1983 (B.C. Reg. 393/83).]
(3) Where a judge is entitled to receive benefits under a plan established under subsection (1), he is not entitled to his salary except as provided in the plan.
Historical Note(s): 1981-26-8, proclaimed effective July 30, 1981; 1983-10-22, effective October 26, 1983 (B.C. Reg. 393/83).
10. (1) Subject to this Act, a judge holds office during good behaviour.
(2) A judge may resign by submitting his resignation in writing to the Attorney General stating the effective date of the resignation and the resignation becomes effective on that date.
(3) From and after the day that the Attorney General Statutes Amendment Act, 1989 receives first reading in the Legislative Assembly, a judge is not entitled to elect to become a supernumerary judge, but each supernumerary judge who held office as such on that day may continue to hold office in accordance with this Act until he ceases to hold office under subsection (5).
(3.1) Subsection (3) is retroactive to the extent necessary to give it effect from and after the day that the Attorney General Statutes Amendment Act, 1989 receives first reading.
(4) A judge ceases to hold office at the end of the month in which he attains the age of 70.
(5) A supernumerary judge ceases to hold office at the end of the month in which he attains the age of 70 or at the end of the month in which he attains the fifth anniversary of his election to serve as a supernumerary judge, whichever occurs first.
(6) [Repealed 1985-65-12, effective December 13, 1985 (B.C. Reg. 391/85).]
Historical Note(s): 1975-57-10; 1981-26-9, proclaimed effective July 30, 1981; 1982-46-35, proclaimed effective September 2, 1982; 1985-65-12, effective December 13, 1985 (B.C. Reg. 391/85); 1989-64-32.
[Editorial Note(s): the Attorney General Statutes Amendment Act, 1989 received first reading on July 17, 1989.]
10.1 A judge who ceases to hold office, other than under section 19 (1) (c), may, during the 12 weeks following the day he ceased to hold office, give judgment in a proceeding he heard while holding office, and the judgment has effect as though he still held office.
Historical Note(s): 1981-26-10, proclaimed effective July 30, 1981.
11. (1) Subject to this section, the Pension (Public Service) Act applies to every judge.
(2) On or after attaining
(a) age 60 and after at least 10 years service; or
(b) age 65 and after at least 5 years service;
a judge who is retired or removed from office shall, if otherwise entitled to superannuation payments under the Pension (Public Service) Act, be granted an annual pension under that Act.
(3) Subsection (2) (b) only applies to a judge who is
(a) age 65 or over; and
(b) in service,
on August 15, 1978.
(4) Where a judge who has served 5 years is removed from office by reason of a physical or mental disability, section 19 of the Pension (Public Service) Act applies and he is entitled to a superannuation allowance commencing on the first day of the month following his removal.
(5) Where a judge who has served 5 years dies in office, section 20 of the Pension (Public Service) Act applies and the surviving spouse of the judge is entitled to a superannuation allowance commencing on the first day of the month following the death.
(6) A supernumerary judge may elect to continue making payments to the Public Service Superannuation Fund as if he were still receiving the salary, as varied from time to time, of a full time judge, and where he does so each year served as a supernumerary judge shall, for the purpose of calculating his pension on ceasing to hold office, be counted as a year's service as a full time judge. Where a supernumerary judge does not so elect, his years of service as a supernumerary judge shall not be included in the calculation of his pension.
(7) Unless an election is made under subsection (6), a supernumerary judge shall not make further contributions to the Public Service Superannuation Fund.
(8) Where calculating the amount of a superannuation allowance under this section,
(a) each year of service as a judge shall be counted as 1 1/2 years of pensionable service.
(b) [Repealed 1988-52-67.]
(9) Subsection (8) does not apply to the calculation under section 6 (5) of the Pension (Public Service) Act.
Historical Note(s): 1975-57-11; 1977-60-3; 1978-11-9; 1985-14-50; 1988-52-67.
11.1 (1) Where a judge
(a) is, on the date this section comes into force, in service or is on leave of absence, other than a leave of absence a condition of the granting of which is that the judge will not return to service but rather will apply for a superannuation allowance at the end of the leave,
(b) after the date this section comes into force but not later than October 31, 1990, resigns from office or commences a leave of absence a condition of the granting of which is that the judge will not return to service but rather will apply for a superannuation allowance at the end of the leave, and
(c) is, on the date the judge resigns from office or, where he is commencing a leave of absence referred to in paragraph (b), on the last day of his leave of absence, not less than 55 years old and has not less than 10 years service,
the judge is entitled, on application, to receive a superannuation allowance calculated under section 19 of the Pension (Public Service) Act, and notwithstanding section 18 (4) (a) of that Act, the amount of the allowance shall not be reduced by 5% for each year that the judge's age is less than 60 years.
(2) For the purposes of calculating the amount of the allowance under section 19 of the Pension (Public Service) Act, notwithstanding the definition of "highest average salary" in section 1 (1) of that Act, the highest average salary for a judge to whom this section applies shall be deemed to be the average monthly salary received by the judge during the 12 months of service in which he received his highest salary preceding the date he resigned from office or commenced a leave of absence referred to in subsection (1) (b).
(3) Where a judge
(a) is eligible for, and elects to apply for, a superannuation allowance under subsections (1) and (2), and
(b) has pensionable service, that qualifies under section 16 (1) of the Pension (Public Service) Act, with the Workers' Compensation Board or an employer to whom the
(i) Pension (Municipal) Act,
(ii) Pension (College) Act, or
(iii) Pension (Teachers) Act
applies,
he shall be entitled to a superannuation allowance under the provisions of the other relevant enactment on the same basis as under subsections (1) and (2).
(4) Notwithstanding subsection (1), a judge who intends to resign and apply for a superannuation allowance under this section shall, not later than July 2, 1990, file with the superannuation commissioner under the Pension (Public Service) Act, in a form determined by the superannuation commissioner, a declaration of intent to resign on a specified date not later than as provided under this section.
(5) A declaration filed under this section is irrevocable and, subject to an order under subsection (6), the judge shall cease to hold office on the specified date.
(6) On the request of the chief judge, the Attorney General may, by order, extend the period within which a judge named in the order may resign or commence a leave of absence referred to in subsection (1) (b) to a date specified in the order, but, in any case, not later than January 1, 1991.
(7) A judge who is receiving payments under the Long Term Disability Plan established under the Public Service Benefit Plan Act may, between the date this section comes into force and October 31, 1990, elect in writing to discontinue receiving those payments if, on the date of the election, the judge is at least 55 years of age and the aggregate of the judge's service and time on long term disability is at least 10 years.
(8) The superannuation commissioner shall determine the additional cost to the Public Service Superannuation Fund or, where a superannuation allowance is also payable under subsection (3), it and the other funds resulting from the payment of a superannuation allowance to an employee under subsections (1) to (3), and shall determine the amounts and the time at which additional payments shall be made to the fund or funds, as the case may be, by the Minister of Finance and Corporate Relations.
Historical Note(s): 1990-13-1.
11.2 Where, on or after February 1, 1990 but before the date section 11.1 comes into force, a judge ceases to hold office as a result of the operation of section 10 (4) and the judge is entitled to a superannuation allowance under the Pension (Public Service) Act, section 11.1 (2) applies for the purposes of calculating the amount of the allowance to which the judge is entitled under the Pension (Public Service) Act.
Historical Note(s): 1990-13-1.
12. (1) The judicial council of the court, established under the Provincial Court Act, S.B.C. 1969, c. 28, is continued under this Act.
(2) The members of the council are
(a) the chief judge as presiding member,
(b) the associate chief judge as alternate presiding member or, where 2 or more associate chief judges are designated, the associate chief judge designated as alternate presiding member by the Lieutenant Governor in Council,
(c) the treasurer of the Law Society of British Columbia or a person nominated by him,
(d) the president of the British Columbia Branch of the Canadian Bar Association or a person nominated by him, and
(e) by appointment of the Lieutenant Governor in Council for a term not exceeding 3 years, a judge and not more than 4 other persons.
(3) Where the chief judge does not attend a meeting of the judicial council, the alternate presiding member shall preside.
(3.1) Where in a proceeding before the council there is no majority decision, the presiding member shall cast a second and deciding vote.
(4) The Lieutenant Governor in Council may authorize payment to council members who are not judges an allowance for their duties on the council in an amount he considers appropriate.
Historical Note(s): 1975-57-12; 1981-26-11, proclaimed effective July 30, 1981.
13. The object of the council is to improve the quality of judicial service, and its functions include
(a) consideration of proposed Lieutenant Governor in Council appointments of judges, justices and court referees;
(b) conducting inquiries respecting judges, justices and court referees;
(c) consideration of proposals for improving the judicial services of the court;
(d) the continuing education of judges and the organization of conferences of judges;
(e) preparation and revision, in consultation with the judges, of a code of ethics for the judiciary; and
(f) reporting to the Attorney General on the matters he considers necessary.
Historical Note(s): 1975-57-13; 1977-60-7; 1987-43-74, effective October 14, 1987 (B.C. Reg. 372/87).
14. (1) The Attorney General may order that an inquiry be held respecting the fitness of a judge, justice or court referee to perform his duties.
(2) Where the Attorney General orders an inquiry under subsection (1), he shall give written notice to the judge, justice or court referee together with any report that was made under section 6.1 (4).
Historical Note(s): 1981-26-12, proclaimed effective July 30, 1981.
15. (1) Where an inquiry is ordered, the judge, justice or court referee involved shall, within 14 days of being notified under section 6.1 (5) or 14 (2), elect as a tribunal to conduct the inquiry either
(a) the council, or
(b) a judge of the Supreme Court to be designated by the Chief Justice of the Supreme Court.
(2) Where the judge, justice or court referee fails to elect within the period referred to in subsection (1), the inquiry tribunal shall be the council.
(3) After the tribunal has been constituted, and where legal counsel is retained under section 18 (4), the Attorney General shall give the legal counsel a copy of the report made by the chief judge under section 6.1 (4).
(4) Where an inquiry is ordered, the judge, justice or court referee involved is suspended from all his duties with salary unless the chief judge orders the suspension be without salary.
(5) A chief judge or associate chief judge who has conducted an investigation under section 6.1 (3) shall not sit as a member of the council on an inquiry respecting the same matter.
Historical Note(s): 1981-26-12, proclaimed effective July 30, 1981.
16. (1) Sections 6.1 and 15 do not apply to a complaint or investigation respecting the chief judge.
(2) A complaint concerning the chief judge shall be directed to the Attorney General who, having examined the complaint, shall report in writing to the complainant and to the chief judge.
(3) Where the Attorney General orders an inquiry under section 14 (1) respecting the fitness of the chief judge, the inquiry shall be held before a tribunal consisting of a judge of the Supreme Court to be designated by the Chief Justice of the Supreme Court, and sections 17 to 19 apply.
(4) Where an inquiry is ordered, the chief judge is suspended from all his duties with salary unless the Attorney General orders the suspension be without salary.
Historical Note(s): 1981-26-12, proclaimed effective July 30, 1981.
17. In conducting an inquiry, the tribunal may consider all matters relating to a judge, justice or court referee that are relevant to the fitness of the judge, justice or court referee to perform his duties including
(a) mental or physical disability,
(b) misconduct,
(c) failure in the execution of his office, or
(d) conduct incompatible with the due execution of his office.
Historical Note(s): 1981-26-12, proclaimed effective July 30, 1981.
18. (1) A tribunal, while conducting an inquiry under this Act, has the protection, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
(2) An inquiry under this Act shall be held in public unless the tribunal considers, in the public interest, that the inquiry or any part of it should be held in private.
(3) Where an inquiry is to be held, the tribunal shall give the judge, justice or courtreferee
(a) reasonable notice of the time and place of the inquiry,
(b) particulars of the matter being inquired into, and
(c) the opportunity, by himself or his counsel, to be heard, to cross examine witnesses and to adduce evidence.
(4) For the purposes of an inquiry, the tribunal may retain legal counsel and determine his remuneration, which shall be paid out of the consolidated revenue fund without an appropriation other than this section.
(5) Where after an investigation has been commenced under section 6.1 (3) or an inquiry has been ordered under section 6.1 (4) or 14 (1), the judge, justice or court referee resigns, the investigation or inquiry shall be completed unless the Attorney General orders otherwise.
Historical Note(s): 1981-26-12, proclaimed effective July 30, 1981.
19. (1) On the conclusion of an inquiry the tribunal may order,
(a) reinstatement of the judge, justice or court referee, with or without a reprimand,
(b) suspension of the judge, justice or court referee, with or without salary, for a further period not exceeding 6 months, or
(c) removal of the judge, justice or court referee from office.
(2) Where a judge, justice or court referee is reinstated, and where during his suspension he did not receive his salary, the tribunal may order that his salary for the suspension period be paid to him.
(3) The tribunal shall promptly notify the judge, justice or court referee involved, the chief judge and the Attorney General in writing of its order and the reasons for the order and shall forward a copy of the order and reasons to the registrar of the Supreme Court, Vancouver, for publication.
(4) An order under subsection (1) (c) for removal of a judge, justice or court referee is effective
(a) when an appeal under section 20 is dismissed, or
(b) when the time for an appeal has expired.
Historical Note(s): 1981-26-12, proclaimed effective July 30, 1981.
20. The judge, justice or court referee may, within 30 days after the notice under section 19 (3) was mailed or personally served on him, appeal to the Court of Appeal from an order made under section 19 (1), and the Attorney General is respondent in the appeal.
Historical Note(s): 1981-26-12, proclaimed effective July 30, 1981.
24. (1) The Lieutenant Governor in Council may appoint, by Commission under the Great Seal, the justices of the peace he considers necessary.
(2) A justice appointed under subsection (1) shall, before entering on the duties of his office, swear on oath as follows:
I, .............................., do swear that I will truly and faithfully, according to my skill and knowledge, execute the duties, powers and trusts placed in me as a justice of the peace and that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, her heirs and successors.
(3) Judges of the Provincial Court, Supreme Court and Court of Appeal, and directors of Provincial mental health facilities appointed under the Mental Health Act are justices of the peace.
Historical Note(s): 1975-57-24; 1976-2-29; 1989-40-182.
25. (1) Where authorized in writing by the chief judge, a justice may exercise all the powers and jurisdiction of a judge or the court under an enactment respecting the particular matter or case or class of matters or cases specified in the authorization, and where the justice is exercising the jurisdiction, he is for all purposes a judge of the court.
(2) A justice may under the Young Offenders Act (Canada), Young Offenders (British Columbia) Act, Family and Child Service Act, Family Relations Act and Small Claims Act do all necessary acts and deal with all matters preliminary to a hearing and grant adjournments.
Historical Note(s): 1975-57-25; 1977-60-4; 1979-2-53; 1981-26-13, proclaimed effective July 30, 1981; 1984-30-60, effective June 11, 1984 (B.C. Reg. 165/84); 1988-36-12; 1989-38-35.
26. (1) The Attorney General shall, after consultation with the chief judge, determine the remuneration to be paid to a justice.
(2) The Lieutenant Governor in Council may, with respect to a particular justice, order that the Pension (Public Service) Act applies.
Historical Note(s): 1975-57-26.
27. (1) A justice ceases to hold office
(a) subject to paragraph (b), on attaining age 65,
(b) where subsection (2) applies, on attaining age 70, or
(c) where the justice changes residence or occupation contrary to a condition of employment.
(2) A person who has been appointed under section 24 may, by order of the Lieutenant Governor in Council on recommendation of the council, be authorized to continue in office or be reinstated in office beyond age 65, and the oath sworn under section 24 (2) when first entering on the duties of office continues in force for the purposes of the continuance or reinstatement.
Historical Note(s): 1987-43-75, effective October 14, 1987 (B.C. Reg. 372/87).
28. A partner or business associate of a justice shall not act in a proceeding to be tried or heard before that justice.
Historical Note(s): 1975-57-28.
29. (1) The Lieutenant Governor in Council on the recommendation of the council may appoint, by Commission under the Great Seal, court referees as he considers necessary.
(2) On appointment under subsection (1) and subject to this Act, a court referee is
(a) an employee under the Public Service Act, and entitled to the rights and privileges of a public servant under that Act and under the Pension (Public Service) Act;
(b) a member of the public service excluded from the definition of employee under the Public Service Labour Relations Act and from coverage under a collective agreement.
(3) A court referee, before entering on the duties of his office, shall swear an oath as follows:
I, .................... , do swear that I will truly and faithfully, according to my knowledge, execute the duties, powers and trusts placed in me as a court referee and that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, her heirs and successors.
Historical Note(s): 1977-60-6.
30. (1) A court referee may be dismissed by the Lieutenant Governor in Council on the recommendation of the council.
(2) A court referee may resign his office by submitting his resignation in writing to the chief judge.
(3) A court referee ceases to hold office on dismissal, resignation or attaining age 65.
Historical Note(s): 1977-60-6.
31. (1) A court referee shall not, directly or indirectly, engage in an occupation, profession or business other than his duties as court referee.
(2) A court referee shall keep in confidence information or evidence received by him in confidence in respect of a party to a proceeding and shall not disclose that information or evidence except to
(a) the court; or
(b) a person with the prior written consent of the person who gave the information or evidence.
Historical Note(s): 1977-60-6.
32. (1) Where authorized under section 6.1 (1) and where a party to a proceeding, other than a criminal proceeding, so requests and all parties agree, a court referee may make inquiry and receive evidence respecting the financial circumstances of one or more parties to the proceeding.
(2) The court may make an order without holding a hearing, completing a hearing or receiving evidence where
(a) a court referee, on conclusion of an inquiry under subsection (1) or of an inquiry on a reference under section 33, recommends that the order be made; and
(b) all parties to the proceeding consent in writing to the making of the order.
Historical Note(s): 1977-60-6; 1982-76-30.
33. (1) The court may refer to a court referee, authorized under section 6 (3), for inquiry and written report, a question respecting the financial circumstances of one or more parties to a proceeding other than a criminal proceeding.
(2) The court referee may, in preparing a report under subsection (1), rely on information previously obtained under section 32 without a further inquiry or he may make inquiry and receive evidence respecting the financial circumstances of one or more parties.
(3) A report under subsection (1) may be received by the court without proving the court referee's appointment, authority and signature and the court may accept the facts stated in the report in whole or in part as evidence.
Historical Note(s): 1977-60-6.
34. (1) In a proceeding other than a criminal proceeding where requested to do so by all parties, the court may order that a financial question in dispute between the parties in the proceeding be referred to arbitration by a court referee authorized under section 6 (3) to act as arbitrator.
(2) On completion of an arbitration under subsection (1), the court referee shall file the arbitration award with the court and deliver a copy of it to each party to the arbitration and the award, on filing, is, subject to subsection (4), an order of the court.
(3) Sections 11, 29 and 30 (1) and (2) of the Commercial Arbitration Act do not apply to an arbitration under this section.
(4) The court may, on application made by a party within 14 days after delivery to him under subsection (2) of an arbitration award,
(a) set aside the award and proceed with trial where the court referee misconducted himself, or the arbitration or arbitration award has been improperly procured; or
(b) remit the matters referred under subsection (1), or any of them, to the reconsideration of the court referee.
(5) Except as otherwise provided in this section, the Commercial Arbitration Act applies to an arbitration under this section and "court", where referred to in that Act, shall be deemed to mean the court.
Historical Note(s): 1977-60-6; 1986-3-50,53, effective July 4, 1986 (B.C. Reg. 148/86).
35. (1) The Attorney General is responsible for the provision, operation and maintenance of court facilities and services.
(2) Subject to the direction of the Attorney General, and to the direction of the chief judge in matters of judicial administration, the chief administrator of court services shall direct and supervise facilities, registries and administrative services for the court.
(3) The Attorney General may, under the Public Service Act, appoint persons he considers necessary to carry out the purposes of this Act.
(4) The Attorney General may make regulations respecting the operation and maintenance of court facilities and services.
Historical Note(s): 1975-57-29; 1977-60-5; 1980-1-23, proclaimed effective September 22, 1980; 1982-76-30.
37. A judge, justice or court referee has, for things done or not done by him in his official capacity, the same immunities from civil liability as a judge of the Supreme Court has for the things done or not done by him in his capacity as a judge of the Supreme Court.
Historical Note(s): 1985-65-13, effective December 13, 1985 (B.C. Reg. 391/85).
38. (1) Notwithstanding any other Act of the Province but subject to any Act of Canada, the court shall pay to the Minister of Finance at least once each month all penalties received by it, and every municipality and regional district shall pay to the Minister of Finance all penalties that are required by any law to be paid to the municipality or regional district, other than fines imposed for the contravention of the bylaws of the municipality or regional district.
(2) In this section "penalties" include
(a) fees and allowances payable to the court, a judge or a justice under an enactment of the Province or of Canada; and
(b) fines, penalties and forfeitures imposed by the court, a judge or a justice.
Historical Note(s): 1975-57-32; 1977-60-5.
39. A reference in another enactment to a magistrate, police magistrate, deputy police magistrate, acting police magistrate or stipendiary magistrate shall be deemed to be a reference to a judge and a reference in another enactment to a Magistrates Court or Police Court shall be deemed to be a reference to the court.
Historical Note(s): 1975-57-33; 1977-60-5.
40. (1) Notwithstanding section 10, every judge who on September 14, 1975 was not receiving a full time salary for his services as a judge, shall cease to hold office as a judge on September 15, 1975.
(2) A person under age 65 may, within one month after ceasing to hold office as a judge under subsection (1), elect to hold office as a justice.
(3) Where a judge ceases to hold office under subsection (1) and does not elect to hold office as a justice under subsection (2) he may elect to
(a) receive a separation allowance under subsection (4);
(b) where he is eligible under an enactment of the Province, receive a superannuation allowance; or
(c) receive a separation allowance under subsection (4) and the amount of his contributions toward superannuation under an enactment of the Province with interest on the contributions in accordance with the enactment.
(4) The separation allowance referred to in subsection (3) shall be paid out of the consolidated revenue fund and shall be an amount equivalent to the amount of the judge's monthly salary for the month immediately prior to September 15, 1975, plus statutory fees the Attorney General approves, multiplied by the number of completed years of service, expressed as a whole number and a fraction representing portions of a year, in which he held office as a judge, magistrate, judge of a juvenile court or judge of the Family and Children's Court of British Columbia.
(5) For the purpose of requiring or entitling a judge to make contributions and receive a superannuation allowance under an enactment of the Province, the Lieutenant Governor in Council may order that one or more provisions of the enactment does or does not apply to the judge.
(6) Every judge who, on July 5, 1978, is a district judge, shall, on July 6, 1978, cease to be a district judge; and, where a district judge was a member of the judicial council under the Provincial Court Act repealed by this Act, he also ceases to be a member of the council.
Historical Note(s): 1975-57-34; 1977-60-5.
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