Act BEFORE repealed by 2007-9-34, effective June 21, 2007 (BC Reg 226/2007).
Inquiry Act
[RSBC 1996] CHAPTER 224
Inquiry into conduct of government
1 The minister presiding over any ministry of the public service of British Columbia may at any time, under authority of an order of the Lieutenant Governor in Council, appoint one or more commissioners to inquire into and to report on
(a) the state and management of the business, or any part of the business, of that ministry, or of any branch or institution of the executive government of British Columbia named in the order, whether inside or outside that ministry, and
(b) the conduct of any person in the service of that ministry or of the branch or institution named, so far as it relates to the person's official duties.
Commissioner's oath of office
2 Before entering on the duties of the office, a commissioner appointed under this Part must take the following oath before a justice or commissioner for taking affidavits within British Columbia:
I, A.B., swear [affirm] that I will truly and faithfully execute the powers and duties entrusted to me by appointment as commissioner under the Inquiry Act, according to the best of my knowledge and judgment. [So help me God.]
Powers of commissioner
3 A commissioner appointed under this Part
(a) may, for the inquiry, enter and remain in any Provincial public office or institution,
(b) has access to every part of that office or institution, and
(c) may examine all papers, documents, vouchers, records and books of every kind belonging to that office or institution.
Right to counsel and right to be heard
4 (1) The commissioner or commissioners may allow a person whose conduct is being investigated under this Part, and must allow a person against whom any charge is made in the course of an inquiry, to be represented by counsel.
(2) A report must not be made under this Part against a person until the person
(a) has been given reasonable notice of the charge of misconduct alleged against the person, and
(b) has been allowed full opportunity to be heard in person or by counsel.
Power to summon witnesses
5 (1) A commissioner or commissioners appointed to conduct an inquiry under this Part may, by summons, require
(a) a person to attend as a witness before the commission or commissioners, at a place and time mentioned in the summons, and
(b) a person to bring and produce before the commission or commissioners all documents, writings, books, deeds and papers in the person's possession, custody or power touching or in any way relating to the subject matter of the inquiry.
(2) A person named in and served with the summons must
(a) attend before the commissioner or commissioners and answer on oath all questions touching the subject matter of the inquiry, and
(b) produce all documents, writings, books, deeds and papers in accordance with the summons.
(3) For this section and the inquiry, the commissioner or commissioners may exercise the powers of a judge of the Supreme Court for compelling the attendance of witnesses and examining them under oath, and compelling the production and inspection of documents, writings, books, deeds and papers.
Power to make regulations
6 The Lieutenant Governor in Council may make regulations respecting all inquiries under this Part, or may make an order respecting a specific inquiry, providing for one or more of the following:
(a) remuneration of commissioners;
(b) remuneration of witnesses;
(c) allowance to witnesses for vehicle use and maintenance;
(d) incidental and necessary expenses;
(e) generally, for things necessary to give complete effect to this Part.
Appointment of commissioners
8 Whenever the Lieutenant Governor in Council thinks it expedient, the Lieutenant Governor in Council may by commission titled in the matter of this Act, and issued under the Great Seal, appoint commissioners to inquire into the following:
(a) any matter relating to the election of any member or former member of the Legislative Assembly;
(b) any matter connected with the good government of British Columbia, or the conduct of any part of the public business of it, including all matters municipal, or the administration of justice in British Columbia;
(c) payments or contributions for campaign or other political purposes, or for the purpose of obtaining legislation, or obtaining influence and support for franchises, charters, or any other rights or privileges, from the Legislature or the government by any person or corporation or by any of the promoters, directors or contractors of that corporation, or by any other person in any way connected with, representing or acting for or on behalf of that corporation or any of the promoters, directors or contractors.
Death or retirement of commissioner
9 (1) If any of the appointed commissioners dies, resigns or becomes incapable of acting, the remaining commissioners may continue to act in the inquiry.
(2) If a sole commissioner dies, resigns or becomes incapable of acting, a commission under this Part may be issued to one or more new commissioners, according to the will of the Lieutenant Governor in Council.
(3) All the provisions of this Part concerning commissioners appointed to make an inquiry apply to
(a) a remaining commissioner referred to in subsection (1), or
(b) a new commissioner referred to in subsection (2).
Commissioners' oath of office
10 Before entering on the duties of the office, a commissioner appointed under this Part must take the following oath before one of the judges of the Supreme Court:
I, A.B., swear [affirm] that I will truly and faithfully execute the powers and trusts vested in me by the Lieutenant Governor in Council, under the Inquiry Act, according to the best of my knowledge and judgment. [So help me God.]
Notice of appointment of commissioners
11 Notice of the appointment of commissioners under this Part, of the purpose and scope of the inquiry they are to make, and of the time and place of their first meeting, must be published in the Gazette and in a newspaper published or circulating in the county in which the inquiry is to be held.
Protection of commissioners
12 A commissioner appointed under this Part has the same protection and privileges, in case of an action brought for an act done or omitted to be done in the execution of the commissioner's duties, as are by law given to the judges of the Supreme Court.
Appointment of staff
13 The commissioners appointed under this Part may
(a) appoint, and at their pleasure dismiss, a secretary,
(b) with the consent of the Lieutenant Governor in Council, appoint as many clerks and stenographers as necessary for conducting the inquiry, and
(c) pay to the secretary, clerks and stenographers salaries and allowances set by the Lieutenant Governor in Council.
Duty of commissioners to conduct inquiry and to report
14 (1) The commissioners appointed to conduct an inquiry under this Part
(a) must, as soon as convenient, carry out and complete the inquiry entrusted to them,
(b) may hold meetings they think necessary, and
(c) must report to the Lieutenant Governor in Council their findings with reference to the matters examined in the inquiry.
(2) A report made to the Lieutenant Governor in Council under this Part must be laid before the Legislative Assembly within 15 days after the report is made, if the Legislative Assembly is then sitting, or if not, then within 15 days after the opening of the next session of the Legislative Assembly.
Power to summon witnesses
15 (1) The commissioners acting under a commission issued under this Part, by summons, may require a person
(a) to attend as a witness, at a place and time mentioned in the summons, which time must be a reasonable time from the date of the summons, and
(b) to bring and produce before them all documents, writings, books, deeds and papers in the person's possession, custody or power touching or in any way relating to the subject matter of the inquiry.
(2) A person named in and served with a summons must attend before the commissioners and answer on oath, unless the commissioners direct otherwise, all questions touching the subject matter of the inquiry, and produce all documents, writings, books, deeds and papers in accordance with the summons.
Power to enforce summons and punish for contempt
16 (1) The commissioners have the same powers, to be exercised in the same way, as judges of the Supreme Court, if
(a) any person on whom a summons has been served by the delivery of it to the person, or by leaving it at the person's usual residence,
(i) fails to appear before the commissioners at the time and place specified in the summons, or
(ii) having appeared before the commissioners, refuses to be sworn, to answer questions put to the person by the commissioners, or to produce and show to the commissioners any documents, writings, books, deeds and papers in the person's possession, custody or power touching or in any way relating to the subject matter of the inquiry, or
(b) a person is guilty of contempt of the commissioners or their office.
(2) All jailers, sheriffs, constables, bailiffs and all other police officers must assist the commissioners in the execution of their office.
Power to make rules
17 The Lieutenant Governor in Council may, by order, provide, either generally in regard to all commissions issued and inquiries held under this Part, or specially in regard to any commission and inquiry, for one or more of the following:
(a) remuneration of commissioners;
(b) remuneration of witnesses;
(c) allowances to witnesses for travel and maintenance;
(d) incidental and necessary expenses;
(e) generally, for all things necessary to give complete effect to this Part.