Interpretation

1.  In this Act

"administration of justice" means the

(a) provision, maintenance and operation of

(i)  courts of justice in the Province,

(ii)  court registry and land title offices;

(iii)  correctional centres as defined in the Correction Act, and prisons and lockups operated by police forces;

(iv)  the offices of coroner, Crown counsel, probation officers, court workers and sheriffs, and their officers; and

(v)  the police forces,

for the purpose of their functions, including functions given to the courts or offices, or to any official of them under an Act or rule or regulation made under an Act;

(b) prosecution of offences; and

(c) provision of adequate legal services, including the operation of legal aid offices;

"commission" means the Justice Development Commission;

"minister" includes a person designated in writing by the minister.

Historical Note(s): 1974-3-1; 1978-25-334.

Commission established

2.  (1) The commission, known as the Justice Development Commission, consisting of the number of members the Lieutenant Governor in Council determines, is continued.

(2) The members of the commission shall be appointed by the Lieutenant Governor in Council to hold office during pleasure.

(3) A person may be appointed a member of the commission notwithstanding that he is a member of a body constituted under any other Act, or is a member of the public service of the Province.

(4) One of the members shall be designated by the Lieutenant Governor in Council as chairman of the commission, and one or more of the other members may be designated by the Lieutenant Governor in Council to be a vice chairman.

(5) A majority of the members constitutes a quorum.

(6) Each member shall be reimbursed for reasonable travelling or out of pocket expenses necessarily incurred by him in discharging his duties, and, in addition, may be paid the remuneration for his services the Lieutenant Governor in Council determines.

Historical Note(s): 1974-3-2.

Agent of the Crown

3.  (1) The commission is, for all purposes, an agent of the Crown in right of the Province.

(2) The commission may, as agent, carry out its powers and duties under this Act in its own name and may, with the prior approval of the Lieutenant Governor in Council, acquire and hold in its own name land required for the purpose of the commission and may dispose of that property.

(3) The commission, as agent, is a legal entity.

Historical Note(s): 1974-3-3.

Staff

4.  (1) An executive secretary of the commission shall be appointed by the Lieutenant Governor in Council and shall be paid the remuneration for his services on behalf of the commission the Lieutenant Governor in Council determines.

(2) The commission or, if authorized by the commission, the executive secretary may, notwithstanding the Public Service Act, appoint officers and employees and engage and retain specialists and consultants considered necessary to carry out the duties and functions of the commission, and may determine their remuneration.

(3) The Public Service Act and the Public Service Labour Relations Act do not apply to the commission or its officers and employees appointed under subsection (2); but the Lieutenant Governor in Council may, by order, direct that some or all of the Pension (Public Service) Act applies to the executive secretary and some or all of the officers and employees of the commission and that Act applies accordingly.

(4) Notwithstanding subsection (3), where an officer or employee appointed under subsection (2) is, at the date of his appointment, a public service employee under the Public Service Act, he continues to be, and is entitled to and shall receive all the rights and privileges of, a public servant under that Act and under the Pension (Public Service) Act; but, notwithstanding the Public Service Act, he may be paid and accept remuneration payable under this section, and the provisions of that Act respecting appointments, classification of positions, rates of compensation and promotion do not apply to him.

Historical Note(s): 1974-3-4.

Functions

5.  It is the function of the commission to

(a) develop coordinated plans for the future development of the administration of justice in the Province in all its aspects;

(b) promote, establish, supervise and finance research respecting all aspects of the administration of justice in or out of the Province;

(c) report to the minister respecting the results of its research, inquiries and investigations and make recommendations for change, reorganization and general improvement of the administration of justice;

(d) conduct research or inquiries into a particular aspect of the administration of justice and to report and make recommendations to the minister;

(e) enter into agreements or arrangements with Canada or any province or agencies or with universities, municipalities, regional districts or any other person or organization for research, inquiry or investigation of, or assistance in, the administration of justice;

(f) provide financial assistance to any person or organization undertaking research, inquiries or investigations under this Act, or operating programs and projects on behalf of the commission;

(g) develop experimental programs and projects respecting any aspect of the administration of justice and, with the approval of the minister, to lease buildings, facilities and employ staff necessary to initiate, develop and operate these programs and projects; and

(h) perform any other function respecting the development of the administration of justice the Lieutenant Governor in Council orders.

Historical Note(s): 1974-3-5.

Supervision and jurisdiction not affected

6.  Notwithstanding this Act, this Act or a regulation made under it does not affect the general supervision of the Chief Justice of the Supreme Court over the judges of the Supreme Court under the Supreme Court Act, or the jurisdiction of the Chief Justice of British Columbia under the Court of Appeal Act.

Historical Note(s): 1974-3-5A; 1989-40-119.

Agreements

7.  For the purpose of section 5 (e), the commission shall not enter into an arrangement or agreement with Canada, or any other province, or any of their agencies, without the prior approval of the Lieutenant Governor in Council.

Historical Note(s): 1974-3-6.

Annual report

8.  The commission shall submit annually to the minister

(a) a report respecting the operation of the commission; and

(b) a financial statement showing the financial operations of the commission

for the preceding fiscal year of the government, and the report and financial statement shall be laid before the Legislature within 15 days after the opening of the first session in the following calendar year.

Historical Note(s): 1974-3-7.

Regulations

9.  (1) The Lieutenant Governor in Council may make regulations.

(2) The commission may, with the prior approval of the minister, make rules governing its own procedures it considers advisable.

Historical Note(s): 1974-3-8; 1983-10-23, effective October 26, 1983 (B.C. Reg. 393/83).