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This Act is current to May 30, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Justice Administration Act

[RSBC 1996] CHAPTER 243

Contents
1Definitions
2Commission continued
3Commission an agent of the government
4Staff
5Functions of commission
6Supervision and jurisdiction not affected
7Agreements
8Annual report
9Power to make regulations

Definitions

1   In this Act:

"administration of justice" means the

(a) provision, maintenance and operation of

(i) courts of justice in British Columbia,

(ii) court registry and land title offices,

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

(A) police forces,

(B) police departments,

(C) designated policing units, as defined in section 1 of the Police Act, or

(D) designated law enforcement units, as defined in section 1 of the Police Act,

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

(v) the police forces and police departments and any designated policing unit and designated law enforcement unit, as those terms are defined in section 1 of the Police Act,

for the purpose of their functions, including functions given to the courts or offices, or to any official of them, 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.

Commission continued

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 are to be appointed by the Lieutenant Governor in Council to hold office during pleasure.

(3) A person may be appointed a member of the commission even though the person is a member of a body constituted under any other Act, or is a member of the public service of British Columbia.

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

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

(6) A member must be reimbursed for reasonable travelling or out of pocket expenses necessarily incurred in discharging duties, and, in addition, may be paid the remuneration for the member's services the Lieutenant Governor in Council determines.

Commission an agent of the government

3   (1) The commission is, for all purposes, an agent of the government.

(2) The commission may, as agent,

(a) carry out its powers and duties under this Act in its own name, and

(b) 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.

Staff

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

(2) Despite the Public Service Act, the commission or, if authorized by the commission, the executive secretary may 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).

(4) [Repealed 1999-44-67.]

(5) Despite subsection (3), if an officer or employee appointed under subsection (2) is, at the date of appointment, a public service employee under the Public Service Act, the officer or employee continues to be, and is entitled to and must receive all the rights and privileges of, a public servant under that Act and under the Public Service Pension Plan continued under the Public Sector Pension Plans Act.

(6) Despite the Public Service Act, an officer or employee referred to in subsection (5) 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.

Functions of commission

5   It is the function of the commission to do the following:

(a) develop coordinated plans for the future development of the administration of justice in British Columbia;

(b) promote, establish, supervise and finance research respecting the administration of justice in or out of British Columbia;

(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 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 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;

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

Supervision and jurisdiction not affected

6   Neither this Act nor a regulation made under it affects 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.

Agreements

7   For the purpose of section 5 (e), the commission must 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.

Annual report

8   (1) The commission must submit annually to the minister

(a) a report respecting the operation of the commission for the preceding fiscal year of the government, and

(b) a financial statement showing the financial operations of the commission in the preceding fiscal year of the government.

(2) The report and financial statement referred to in subsection (1) must be laid before the Legislature within 15 days after the opening of the first session in the following calendar year.

Power to make regulations

9   (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

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