Explanatory Note

This Bill repeals and replaces the Inquiry Act, R.S.B.C. 1996, c. 224, with a new Public Inquiry Act. The new Act provides powers to establish 2 types of commissions of inquiry: study commissions and hearing commissions. A hearing commission has a broader range of powers and duties than a study commission, including special powers to compel witnesses and order disclosure, and to find a person in contempt. However, these powers may be extended to study commissions, or the 2 types of commissions may be combined.

BILL 6 – 2007
PUBLIC INQUIRY ACT

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

 
Part 1 -- Interpretation

Definitions

1 In this Act:

"chief commissioner" means

(a) if only one commissioner is appointed, that commissioner, or

(b) if more than one commissioner is appointed, the commissioner designated as chief commissioner under section 5 (2);

"commission" means a commission of inquiry established under section 2;

"commissioner" means a person appointed as a commissioner under section 5;

"court" means the Supreme Court;

"hearing commission" means a commission designated as a hearing commission under section 2;

"information" includes evidence and records;

"participant" means a person who is provided with notice or is accepted as a participant under section 11;

"study commission" means a commission designated as a study commission under section 2.

 
Part 2 -- Establishing a Commission of Public Inquiry

Division 1 -- Establishing a Commission

Establishing a commission

2 (1) The Lieutenant Governor in Council may, by order, establish a commission to inquire into and report on a matter that the Lieutenant Governor in Council considers to be of public interest.

(2) In an order made under subsection (1), the Lieutenant Governor in Council must do the following:

(a) define the purposes of the commission;

(b) set the terms of reference of the inquiry;

(c) designate the commission as a study commission, hearing commission or both;

(d) appoint one or more commissioners in accordance with Division 2 [Appointment of Commissioners and Staff];

(e) subject to any directives of Treasury Board, set the remuneration of the commissioners and compensation for expenses, if any.

Agreements

3 (1) The Lieutenant Governor in Council may enter into an agreement to establish a joint commission with either or both of the following:

(a) the government of another jurisdiction;

(b) an aboriginal organization exercising government functions in British Columbia.

(2) If a joint commission is established with a government of another jurisdiction, the Lieutenant Governor in Council may, in the order establishing the commission, exempt the commission from all or part of a provision of this Act or the regulations made under it if necessary to avoid a conflict of law.

Appropriation

4 The costs and expenses incurred in connection with an inquiry under this Act must be paid out of the consolidated revenue fund, in the absence of an appropriation of the Legislature available for that purpose.

 
Division 2 -- Appointment of Commissioners and Staff

Appointment of commissioners

5 (1) On establishing a commission, the Lieutenant Governor in Council

(a) must appoint a commissioner to conduct the inquiry, and

(b) may appoint other commissioners.

(2) If more than one commissioner is appointed, the Lieutenant Governor in Council must designate the commissioner who is to act as chief commissioner.

(3) Unless the Lieutenant Governor in Council states otherwise in the appointment order, a commissioner may rely on all decisions made and information received by any former or current commissioner of the inquiry to which the commissioner is appointed.

Responsibilities of chief commissioner

6 The chief commissioner is responsible for

(a) the effective management and operation of the commission,

(b) the organization and allocation of work among commissioners, including assigning commissioners to panels consisting of one or more commissioners, and

(c) ensuring that the commission is financially responsible and accountable.

Commission staff

7 (1) The chief commissioner may appoint employees, in accordance with the Public Service Act, necessary to exercise the powers and perform the duties of a commission.

(2) The chief commissioner may engage or retain consultants, investigators, lawyers, expert witnesses or other persons the chief commissioner considers necessary to exercise the powers and perform the duties of a commission.

(3) The Public Service Act does not apply to a person engaged or retained under subsection (2) of this section.

 
Part 3 -- Duties and Powers of Commissions

Division 1 -- General Duties and Powers

Commissioner duties

8 Commissioners must faithfully, honestly and impartially perform their duties and, except in the proper performance of those duties, must not disclose to any person any information obtained as a commissioner.

Power to make directives

9 (1) Subject to this Act and the commission's terms of reference, a commission has the power to control its own processes and may make directives respecting practice and procedure to facilitate the just and timely fulfillment of its duties.

(2) Without limiting subsection (1), a commission may make directives as follows:

(a) respecting timetables for the conduct of the inquiry, including dividing the inquiry into phases;

(b) respecting adjournments;

(c) respecting the extension or abridgement of time limits provided for in the directives;

(d) respecting applications to be a participant;

(e) respecting the transcription or recording of meetings and hearings and the process and fees for reproduction of a transcription or recording if a person requests one;

(f) respecting access to, and restriction of access to, commission records by any person;

(g) establishing the forms it considers advisable.

(3) For any matter under this Act for which a commission may make directives, the commission may, for different persons or classes of persons,

(a) make different directives, and

(b) waive or modify one or more of its directives as necessary.

(4) A commission must make accessible to the public any directives made under this Act.

(5) A commission may make an order in respect of any matter for which a directive has been made, or may be made, under this Act.

Power to inspect

10 Subject to this Act and the commission's terms of reference, a commission may

(a) conduct an inspection of a public place, including copying any records found in that place, and

(b) with the permission of the owner or occupier, conduct an inspection of a private place, including copying any records found in that place.

Who may participate

11 (1) A person may act as a participant if the person

(a) is provided with notice under subsection (2), or

(b) is accepted as a participant under subsection (4).

(2) If a hearing commission intends to make a finding of misconduct against a person, or intends to make a report that alleges misconduct by a person, the hearing commission must first provide the person with

(a) reasonable notice of the allegations against that person, and

(b) notice of how that person may respond to the allegations.

(3) A person other than one described in subsection (2) may apply to be a participant by applying to a commission in the manner and form it requires.

(4) On receiving an application under subsection (3), a commission may accept the applicant as a participant after considering all of the following:

(a) whether, and to what extent, the person's interests may be affected by the findings of the commission;

(b) whether the person's participation would further the conduct of the inquiry;

(c) whether the person's participation would contribute to the fairness of the inquiry.

Powers respecting participants

12 (1) Subject to section 13 [rights of participants], a commission may make orders respecting

(a) the manner and extent of a participant's participation,

(b) the rights and responsibilities of a participant, if any, and

(c) any limits or conditions on a participant's participation.

(2) In making an order under subsection (1), a commission may

(a) make different orders for different participants or classes of participants, and

(b) waive or modify one or more of its orders as necessary.

(3) In making an order under subsection (1), a hearing commission must ensure that a participant who responds to a notice under section 11 (2) has a reasonable opportunity to be heard by the commission before the commission makes a finding of misconduct against the participant, or makes a report that alleges misconduct by that participant.

Rights of participants

13 (1) A participant may

(a) participate on his or her own behalf, or

(b) be represented by counsel or, with the approval of the commission, by an agent.

(2) A participant

(a) has the same immunities as a witness who appears before the court, and

(b) is considered to have objected to answering any question that may

(i) incriminate the participant in a criminal proceeding, or

(ii) establish the participant's liability in a civil proceeding.

(3) Any answer provided by a participant before a commission must not be used or admitted in evidence against the participant in any trial or other proceedings, other than a prosecution for perjury in respect of the answer provided.

Power to accept information

14 (1) A commission may receive and accept information that it considers relevant, necessary and appropriate, whether or not the information would be admissible in any court.

(2) Without limiting section 12 [powers respecting participants], a commission may exclude anything unduly repetitious.

(3) Nothing in subsection (1) overrides the provisions of any Act expressly limiting the extent to which or purposes for which any oral testimony, records or things may be admitted or used in evidence.

Power to prohibit or limit attendance or access

15 (1) A commission may, by order, prohibit or restrict a person or a class of persons, or the public, from attending all or part of a meeting or hearing, or from accessing all or part of any information provided to or held by the commission,

(a) if the government asserts privilege or immunity over the information under section 29 [disclosure by Crown],

(b) for any reason for which information could or must be withheld by a public body under sections 15 to 19 and 21 to 22.1 [privacy rights, business interests and public interest] of the Freedom of Information and Protection of Privacy Act, or

(c) if the commission has reason to believe that the order is necessary for the effective and efficient fulfillment of the commission's terms of reference.

(2) In making an order under subsection (1), a hearing commission must not unduly prejudice the rights and interests of a participant against whom a finding of misconduct, or a report alleging misconduct, may be made.

Power to maintain order

16 (1) At a meeting or hearing, a commission may make orders or give directions that it considers necessary for the maintenance of order at the meeting or hearing, and, if any person disobeys or fails to comply with any order or direction, the commission may call on the assistance of any peace officer to enforce the order or direction.

(2) A peace officer called on under subsection (1) may take any action that is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.

Participant's failure to comply with orders

17 Without limiting any other power of enforcement, if a participant fails to comply with an order or a directive of a commission, including any time limits specified for taking any actions, the commission, after giving notice to the participant, may do any of the following:

(a) schedule a meeting or hearing;

(b) continue with the inquiry and make a finding or recommendation based on the information before it, with or without providing an opportunity for submissions from that participant;

(c) make any order necessary for the purpose of enforcing its orders or directives.

Power to record meetings or hearings

18 (1) A commission may transcribe or record its meetings or hearings.

(2) If a commission transcribes or records a meeting or hearing, the transcription or recording must be considered to be correct and to constitute part of the record of the meeting or hearing.

(3) If, by a mechanical or human failure or other accident, the transcription or recording of a meeting or hearing is destroyed, interrupted or incomplete, the validity of the meeting or hearing is not affected.

Privative clause

19 (1) A commission has exclusive jurisdiction to inquire into, hear and determine all matters and questions of fact and law arising or required to be determined under this Act and to make any order it is permitted to make.

(2) An order of a commission under this Act or its terms of reference on a matter in respect of which the commission has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.

 
Division 2 -- Study Commissions

Powers of study commissions

20 (1) Subject to this Act and the commission's terms of reference, a study commission may engage in any activity necessary to effectively and efficiently fulfill the duties of the commission, including doing any of the following:

(a) conducting research, including interviews and surveys;

(b) consulting with participants, privately or in a manner that is open to the public, either in person or through broadcast proceedings;

(c) consulting with the public generally and, for that purpose, issuing directives respecting any of the matters set out in subsection (2).

(2) Without limiting the powers of a commission set out in Division 1, a study commission may make directives respecting any of the following:

(a) the notification of participants and the public regarding a consultation under this section;

(b) the holding of public meetings, including the places and times at which public meetings will be held and the frequency of public meetings;

(c) the conduct of, and the maintenance of order at, public meetings;

(d) the receipt of oral and written submissions.

(3) A study commission must not exercise the powers of a hearing commission as set out in sections 21 (1), 22 and 23, unless the study commission is also designated as a hearing commission.

 
Division 3 -- Hearing Commissions

General powers of hearing commissions

21 (1) Subject to this Act and the commission's terms of reference, a hearing commission may engage in any activity necessary to effectively and efficiently fulfill the duties of the commission, including doing any of the following:

(a) issuing directives respecting any of the matters set out in subsection (2);

(b) holding written, oral and electronic hearings;

(c) receiving submissions and evidence under oath or affirmation;

(d) making a finding of misconduct against a person, or making a report that alleges misconduct by a person.

(2) Without limiting the powers of a commission set out in Division 1, a hearing commission may make directives respecting any of the following:

(a) the holding of pre-hearing conferences, including confidential pre-hearing conferences, and the requiring of one or more participants to attend a pre-hearing conference;

(b) procedures for preliminary or interim matters;

(c) the receipt and disclosure of information, including but not limited to pre-hearing receipt and disclosure and pre-hearing examination of a participant or witness on oath, on affirmation or by affidavit;

(d) the exchange of records by participants;

(e) the filing of admissions and written submissions by participants;

(f) the service and filing of notices, records and orders, including substituted service and the requiring of participants to provide an address for service;

(g) without limiting any other power of the commission, the effect of a participant's non-compliance with the commission's directives.

(3) A hearing commission must not exercise the powers of a study commission as set out in section 20 (1), unless the hearing commission is also designated as a study commission.

Power to compel witnesses and order disclosure

22 (1) At any time before making its final report, a hearing commission may serve a summons requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, a meeting or hearing to give evidence on oath or affirmation, or in any other manner;

(b) produce for the commission or a participant information or a thing in the person's possession or control.

(2) A person cannot be compelled to disclose to a hearing commission anything that, in any court, would be privileged under the law of evidence.

(3) A hearing commission may,

(a) if a person was summoned to appear before the commission at the request of a participant, order the participant to pay appearance fees and expenses reasonably and necessarily incurred by the person summoned, other than fees and expenses incurred by the person in respect of legal representation or advice, and

(b) in any case, pay appearance fees and expenses reasonably and necessarily incurred by a person summoned to appear before the commission, other than fees and expenses incurred by the person in respect of legal representation or advice.

(4) A hearing commission may apportion fees and expenses under subsection (3) between 2 or more participants, and between one or more participants and the commission.

(5) Subject to this Act and the hearing commission's terms of reference, a hearing commission may make directives respecting appearance fees and expenses reasonably and necessarily incurred by a person summoned to appear before the commission.

Power to apply to court

23 A hearing commission may apply to the court for any of the following:

(a) an order directing a person to comply with a summons served by the commission under section 22;

(b) an order directing any directors and officers of a person to cause the person to comply with a summons served by the commission under section 22;

(c) a warrant authorizing the commission to conduct an inspection of a private place, including copying any records found in that place;

(d) an order finding a person to be in contempt, as if in breach of an order or a judgment of the court, for failing or refusing to comply with a summons to

(i) attend a meeting or hearing before the commission,

(ii) take an oath or make an affirmation,

(iii) answer questions, or

(iv) produce information or things in the person's possession or control;

(e) an order finding a person to be in contempt, as if in breach of an order or a judgment of the court, for failing or refusing to comply with an order or a directive of the commission;

(f) an order finding a person to be in contempt, as if in breach of an order or a judgment of the court, for a reason other than as set out in paragraph (d) or (e) of this section.

Service of notice or records

24 (1) A hearing commission may provide a notice or record to a person by personal service of a copy of the notice or record or by sending the copy to the person by any of the following means:

(a) ordinary mail;

(b) electronic transmission, including telephone transmission of a facsimile;

(c) if specified in the hearing commission's directives, another method that allows proof of receipt.

(2) If a hearing commission is of the opinion that, because there are many participants or for any other reason, it is impracticable to give notice of a hearing to a participant directly or by a method referred to in subsection (1), the commission may give notice of a hearing by public advertisement or otherwise as the commission directs.

(3) If a notice or record is not served on a person in accordance with this Act or the regulations made under it, an inquiry is not invalidated if

(a) the contents of the notice or record were known by the person within the time allowed for service,

(b) the person waives the requirements of service, or

(c) the failure to serve does not result in prejudice to the person, or any resulting prejudice can be satisfactorily addressed by an adjournment or other means.

Hearings open to public

25 Subject to section 15 [power to prohibit or limit attendance or access], a hearing commission must

(a) ensure that hearings are open to the public, either in person or through broadcast proceedings, and

(b) give the public access to information submitted in a hearing.

Application of Freedom of Information and
Protection of Privacy Act

26 (1) The Freedom of Information and Protection of Privacy Act, other than section 44 (1) (b), (2), (2.1) and (3) [powers of commissioner in conducting investigations, audits or inquiries], does not apply to any of the following in respect of a hearing commission:

(a) a personal note, communication or draft report of a commissioner or of a person acting on behalf of or under the direction of a commissioner;

(b) any information received by the commission to which section 15 [power to prohibit or limit attendance or access] or 29 [disclosure by Crown] of this Act applies;

(c) a transcription or recording of a hearing;

(d) information to which public access is provided by the commission.

(2) Subsection (1) does not apply to personal information, as defined in the Freedom of Information and Protection of Privacy Act, that has been in existence for 100 or more years or to other information that has been in existence for 50 or more years.

 
Division 4 -- Reporting

Interim report

27 (1) If required by the commission's terms of reference, a commission must make an interim report to the minister at the times and on the matters stated in the terms of reference.

(2) A commission may make an interim report to the minister on any matter relevant to the commission's terms of reference at any time before the commission makes its final report.

(3) Section 28 (2) to (8) applies to an interim report as if it were a final report.

Final report

28 (1) A commission must make its final report to the minister in writing, setting out

(a) any findings of fact made by the commission that are relevant to the commission's terms of reference, and the reasons for those findings, and

(b) if required by the commission's terms of reference, any recommendations of the commission.

(2) The minister must submit the report to the Executive Council at its next meeting.

(3) On receiving the report, the Executive Council may direct the minister to withhold portions of the report for any reason for which information could or must be withheld by a public body under sections 15 to 19 and 21 to 22.1 [privacy rights, business interests and public interest] of the Freedom of Information and Protection of Privacy Act.

(4) Following review of the report, the Executive Council must direct the minister to lay the report, except any portion directed to be withheld under subsection (3), before the Legislative Assembly.

(5) On receiving a direction under subsection (4), the minister must

(a) remove any portions to be withheld,

(b) in the report, identify any withheld portions and, to the extent possible, summarize them, and

(c) either

(i) if the Legislative Assembly is in session, or will be within 10 days of receiving the direction, promptly lay the report before the Legislative Assembly, or

(ii) in any other case, promptly file the report with the Clerk of the Legislative Assembly.

(6) If a report includes a finding of misconduct against a participant, or alleges misconduct by a participant, the minister must make available to the participant a copy of the report.

(7) Despite the Freedom of Information and Protection of Privacy Act, if, after a report is laid before the Legislative Assembly, a person makes a request under section 5 of that Act for information in relation to the report, the head of a public body must not refuse to disclose information on any basis on which disclosure must or may be refused under section 12 of that Act.

(8) A person must not release a report of a commission except in accordance with this section.

 
Part 4 -- General

Disclosure by Crown

29 (1) If the government discloses to a commission, either voluntarily or in response to a request or summons, any information over which the government asserts privilege or immunity, the privilege or immunity is not waived or defeated for any other purpose by the disclosure.

(2) If a commission determines that it is necessary to disclose information over which the government asserts privilege or immunity, the privilege or immunity is not waived or defeated for any other purpose by the disclosure.

Responsibility for records

30 Following the completion or termination of an inquiry, the minister has primary responsibility for the final report and all records of the commission.

Compulsion protection

31 A commissioner, or a person acting on behalf of or under the direction of a commissioner, must not be required to testify or produce evidence in any proceeding, other than a criminal proceeding, about information obtained in the discharge of duties under this Act.

Immunity protection

32 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a commission, a commissioner, a person acting on behalf of or under the direction of a commissioner, or the government, because of anything done or omitted

(a) in the performance or intended performance of any duty under this Act, or

(b) in the exercise or intended exercise of any power under this Act.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

Power to make regulations

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

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:

(a) service of notice or records by a commission or a participant;

(b) appearance fees and expenses reasonably and necessarily incurred by participants.

(3) The Lieutenant Governor in Council may make different regulations under subsections (1) and (2) for

(a) study commissions and hearing commissions, and

(b) specified commissions.

 
Part 5 -- Repeal and Transition

Repeal

34 The Inquiry Act, R.S.B.C. 1996, c. 224, is repealed.

Transition -- Insurance Act

35 (1) Despite its repeal, the Inquiry Act, R.S.B.C. 1996, c. 224, as it read immediately before its repeal, is deemed to continue for the purposes of section 186 (3) of the Insurance Act.

(2) This section is repealed on June 1, 2007.

 
Part 6 -- General Consequential Amendments

 
Agricultural Land Commission Act

36 Section 39 of the Agricultural Land Commission Act, S.B.C. 2002, c. 36, is repealed and the following substituted:

Definition of "board" in sections 40 to 45

39 (1) In sections 40 to 45, "board" means a commissioner appointed as a study commission under the Public Inquiry Act for the purpose of inquiring into a matter described in section 40 of this Act.

(2) The board has the powers set out in sections 22 and 23 of the Public Inquiry Act.

 
Local Government Act

37 Section 287.2 (1) of the Local Government Act, R.S.B.C. 1996, c. 323, is amended in paragraph (c) of the definition of "indemnification" by striking out "Part 2 of the Inquiry Act," and substituting "the Public Inquiry Act,".

 
Police Act

38 Section 50 of the Police Act, R.S.B.C. 1996, c. 367, is amended

(a) by repealing subsection (3) (f) and substituting the following:

(f) make recommendations to the minister for a public inquiry under the Public Inquiry Act if there are reasonable grounds to believe that

(i) the issues in respect of which the inquiry is recommended are so serious or so widespread that a public inquiry is necessary in the public interest,

(ii) an investigation conducted under this Part, even if followed by a public hearing, would be too limited in scope, and

(iii) powers granted under the Public Inquiry Act are needed; , and

(b) by adding the following subsection:

(6) On receiving a recommendation under subsection (3) (f), the minister may request the Lieutenant Governor in Council to appoint a commission under the Public Inquiry Act.

39 Section 63.1 is amended

(a) by repealing subsection (9) (b) and substituting the following:

(b) recommend to the minister that an inquiry be made under the Public Inquiry Act. , and

(b) by adding the following subsection:

(10) On receiving a recommendation under subsection (9) (b), the minister may request the Lieutenant Governor in Council to appoint a commission under the Public Inquiry Act.

 
School Act

40 Sections 95 (1) (b) and 166.43 (1) (a) (ii) of the School Act, R.S.B.C. 1996, c. 412, are amended by striking out "Part 2 of the Inquiry Act" and substituting "the Public Inquiry Act".

 
Vancouver Charter

41 Section 180 (2) of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by striking out "Part 2 of the Inquiry Act" and substituting "the Public Inquiry Act".

 
Part 7 -- Consequential Amendments of Statutes
Not Requiring Commissioner Powers,
Duties or Protections

 
Gaming Control Act

42 Section 52 of the Gaming Control Act, S.B.C. 2002, c. 14, is repealed.

 
Legislative Procedure Review Act

43 Section 6 (b) of the Legislative Procedure Review Act, R.S.B.C. 1996, c. 261, is repealed.

 
Marriage Act

44 Section 14 (2) of the Marriage Act, R.S.B.C. 1996, c. 282, is repealed.

 
Part 8 -- Consequential Amendments Concerning Administrative Hearings

 
Agrologists Act

45 Section 28 (1) of the Agrologists Act, S.B.C. 2003, c. 13, is repealed and the following substituted:

(1) For the purposes of a discipline hearing under section 24 of this Act, sections 34 (3) and (4), 48 and 49 of the Administrative Tribunals Act apply to the panel.

46 Section 34 is amended

(a) by repealing subsection (1) and substituting the following:

(1) Subject to subsection (2), no legal proceedings for damages lies or may be commenced or maintained against a councillor, employee or officer, or any other individual acting on behalf of the institute or under the direction of the council, including a member of a panel appointed under section 25, because of anything done or omitted

(a) in the performance or intended performance of any duty on behalf of the institute or the council under this Act or the bylaws, or

(b) in the exercise or intended exercise of any power on behalf of the institute or the council under this Act or the bylaws. , and

(b) by repealing subsection (5) (a) and substituting the following:

(a) protecting the institute, its councillors, employees and officers and former councillors, employees and officers, and panel members and former panel members, against liability arising out of the operations or activities of the institute, and .

 
College of Applied Biology Act

47 Section 31 (1) of the College of Applied Biology Act, S.B.C. 2002, c. 68, is repealed and the following substituted:

(1) For the purposes of a discipline hearing under section 27 of this Act, sections 34 (3) and (4), 48 and 49 of the Administrative Tribunals Act apply to the panel.

48 Section 37 is amended

(a) by repealing subsection (1) and substituting the following:

(1) Subject to subsection (2), no legal proceedings for damages lies or may be commenced or maintained against a councillor, employee or officer, or any other individual acting on behalf of the college or under the direction of the council, including a member of a panel appointed under section 28, because of anything done or omitted

(a) in the performance or intended performance of any duty on behalf of the college or the council under this Act or the rules, or

(b) in the exercise or intended exercise of any power on behalf of the college or the council under this Act or the rules. , and

(b) by repealing subsection (5) (a) and substituting the following:

(a) protecting the college, its councillors, employees and officers and former councillors, employees and officers, and panel members and former panel members, against liability arising out of the operations or activities of the college, and .

 
Environmental Management Act

49 Section 93 (11) of the Environmental Management Act, S.B.C. 2003, c. 53, is repealed and the following substituted:

(11) For the purposes of an appeal, sections 34 (3) and (4), 48, 49 and 56 of the Administrative Tribunals Act apply to the appeal board.

 
Farm Practices Protection (Right to Farm) Act

50 Section 11 (5) of the Farm Practices Protection (Right to Farm) Act, R.S.B.C. 1996, c. 131, is repealed and the following substituted:

(5) For the purposes of carrying out its powers and duties under this Act, sections 34 (3) and (4), 48, 49 and 56 of the Administrative Tribunals Act apply to the board.

 
Foresters Act

51 Section 27 (5) of the Foresters Act, S.B.C. 2003, c. 19, is repealed and the following substituted:

(5) For the purposes of a discipline hearing, sections 34 (3) and (4), 48 and 49 of the Administrative Tribunals Act apply to the panel.

52 Section 31 (1) is repealed and the following substituted:

(1) Subject to subsection (2), no legal proceedings for damages lies or may be commenced or maintained against the president, the vice president, a councillor, an agent, an employee or an officer of the association, or any other individual acting on behalf of the association or under the direction of the council, including a member of a panel appointed under section 27, because of anything done or omitted

(a) in the performance or intended performance of any duty on behalf of the association or the council under this Act, the bylaws or the resolutions, or

(b) in the exercise or intended exercise of any power on behalf of the association or the council under this Act, the bylaws or the resolutions.

 
Health Emergency Act

53 Section 7 (2) of the Health Emergency Act, R.S.B.C. 1996, c. 182, is repealed and the following substituted:

(2) For the purposes of a hearing under this section, sections 34 (3) and (4), 48 and 49 of the Administrative Tribunals Act apply to the board.

 
Legal Profession Act

54 Section 44 (1) of the Legal Profession Act, S.B.C. 1998, c. 9, is repealed and the following substituted:

(1) For the purposes of a proceeding under Part 2, 3 or 4 of this Act, sections 34 (3), 48, 49 and 56 of the Administrative Tribunals Act apply to the benchers, a panel, the special compensation fund committee and a member of any of these.

55 Section 45 (1) is amended by striking out "section 44 (1) (a) to (c), a person or body referred to in section 44 (1) (a) to (c)" and substituting "section 44 (1), a person or body referred to in section 44 (1)".

 
Medicare Protection Act

56 Section 5 (3) of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is repealed and the following substituted:

(3) For the purposes of a hearing under this Act, sections 34 (3) and (4), 48 and 49 of the Administrative Tribunals Act apply to the commission.

 
Motor Dealer Act

57 Section 15 (7) of the Motor Dealer Act, R.S.B.C. 1996, c. 316, is repealed and the following substituted:

(7) For the purposes of a hearing under this section, sections 34 (3) and (4), 48, 49 and 56 of the Administrative Tribunals Act apply to the board.

 
Notaries Act

58 Section 27 (1) of the Notaries Act, R.S.B.C. 1996, c. 334, is repealed and the following substituted:

(1) A panel of 3 or more members of the discipline committee may inquire into the conduct of members or former members.

(1.1) For the purposes of an inquiry under this section, sections 34 (3) and (4), 48 and 49 of the Administrative Tribunals Act apply to the panel.

(1.2) If a member of a panel is unable for any reason to complete the member's duties, the remaining members of that panel, with the consent of the discipline committee, may continue the inquiry, and

(a) the vacancy does not invalidate the inquiry, and

(b) the provisions of this section concerning the panel apply to the remaining panel members.

 
Public Sector Pension Plans Act

59 Section 7 (7) of Schedule A of the Public Sector Pension Plans Act, S.B.C. 1999, c. 44, is repealed and the following substituted:

(7) For the purposes of a hearing under this section, sections 34 (3) and (4), 48, 49 and 56 of the Administrative Tribunals Act apply to the board and a panel of the board.

 
Real Estate Development Marketing Act

60 Section 29 (2) of the Real Estate Development Marketing Act, S.B.C. 2004, c. 41, is repealed and the following substituted:

(2) For the purposes of a hearing under this Act, sections 34 (3) and (4) [power to compel witnesses and order disclosure], 48 [maintenance of order at hearings] and 49 [contempt proceeding for uncooperative witness or other person] of the Administrative Tribunals Act apply to the superintendent as if the superintendent were a tribunal under that Act.

 
Real Estate Services Act

61 Section 42 (2) of the Real Estate Services Act, S.B.C. 2004, c. 42, is repealed and the following substituted:

(2) For the purposes of a discipline hearing, sections 34 (3) and (4) [power to compel witnesses and order disclosure], 48 [maintenance of order at hearings] and 49 [contempt proceeding for uncooperative witness or other person] of the Administrative Tribunals Act apply to the discipline committee.

62 Section 63 (2) is repealed and the following substituted:

(2) For the purposes of a compensation hearing, sections 34 (3) and (4) [power to compel witnesses and order disclosure], 48 [maintenance of order at hearings] and 49 [contempt proceeding for uncooperative witness or other person] of the Administrative Tribunals Act apply to the compensation committee.

 
Secure Care Act

63 Section 24 of the Secure Care Act, S.B.C. 2000, c. 28, is repealed and the following substituted:

Hearing powers

24 For the purposes of a hearing under this Act, sections 34 (3) and (4), 48 and 49 of the Administrative Tribunals Act apply to the board and a panel of the board.

 
Teaching Profession Act

64 Section 26 of the Teaching Profession Act, R.S.B.C. 1996, c. 449, is amended

(a) by repealing subsection (5) and substituting the following:

(5) For the purposes of an inquiry under subsection (4), the qualifications committee or a subcommittee appointed under subsection (1.1) may request the registrar of the college or any member of the qualifications committee to make preliminary investigations.

(5.1) For the purposes of an inquiry under subsection (4) of this section, sections 34 (3) and (4), 48 and 49 of the Administrative Tribunals Act apply to the qualifications committee and a subcommittee appointed under subsection (1.1) of this section. , and

(b) by repealing subsection (7) and substituting the following:

(7) For the purposes of an inquiry under subsection (6) (b) of this section, sections 34 (3) and (4), 48 and 49 of the Administrative Tribunals Act apply to the council.

65 Section 32 (3) is repealed and the following substituted:

(3) For the purposes of an inquiry under section 28 (5) or 29 of this Act, sections 34 (3) and (4), 48 and 49 of the Administrative Tribunals Act apply to the council, the discipline committee and a subcommittee.

66 Section 42 (1) is repealed and the following substituted:

(1) An action for damages does not lie against the college, the council, a member, an officer or employee of the college, or any other person, for anything done or omitted by him or her in good faith while acting or purporting to act on behalf of the college or the council under this Act.

 
Part 9 -- Consequential Amendments Concerning
Statutory and Other Decision Makers

 
Corporation Capital Tax Act

67 Section 24 of the Corporation Capital Tax Act, R.S.B.C. 1996, c. 73, is repealed and the following substituted:

Power to make inquiry

24 (1) A person authorized in writing by the administrator may make inquiries he or she considers necessary for ascertaining the tax liability of a financial corporation.

(2) For the purposes of making inquiries under subsection (1), the authorized person may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the authorized person to answer questions on oath or affirmation, or in any other manner;

(b) produce for the authorized person a record or thing in the person's possession or control.

(3) The authorized person may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (2), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (2).

Contempt proceeding for uncooperative person

24.1 The failure or refusal of a person subject to an order under section 24 to do any of the following makes the person, on application to the Supreme Court by the person authorized to make inquiries under that section, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the authorized person;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

Immunity protection

24.2 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a person authorized to make inquiries under section 24, or a person acting on behalf of or under the direction of the authorized, person because of anything done or omitted

(a) in the performance or intended performance of any duty under section 24, or

(b) in the exercise or intended exercise of any power under section 24 or 24.1.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

 
Correction Act

68 Section 28 (2) of the Correction Act, S.B.C. 2004, c. 46, is amended by adding "and" at the end of paragraph (e) and by repealing paragraph (f).

69 The following sections are added:

Power to compel persons to answer questions
and order disclosure

28.1 (1) For the purposes of an investigation under section 28 (2) (b), (c) or (d), the director may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the director to answer questions on oath or affirmation, or in any other manner;

(b) produce for the director a record or thing in the person's possession or control.

(2) The director may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (1), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (1).

Contempt proceeding for uncooperative person

28.2 The failure or refusal of a person subject to an order under section 28.1 to do any of the following makes the person, on application to the Supreme Court by the director, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the director;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

Immunity protection

28.3 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the director, or a person acting on behalf of or under the direction of the director, because of anything done or omitted

(a) in the performance or intended performance of any duty under section 28, or

(b) in the exercise or intended exercise of any power under sections 28 to 28.2.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

 
Debtor Assistance Act

70 Section 6 of the Debtor Assistance Act, R.S.B.C. 1996, c. 93, is repealed and the following substituted:

Powers of inquiry

6 (1) The director, or a person authorized in writing by the director, may make inquiries with regard to the assets and liabilities of a debtor who applies for assistance under this Act or in respect of whom a referral has been made by a court.

(2) For the purpose of an inquiry under subsection (1), the director may make an order requiring any person who the director considers has any knowledge of the affairs of the debtor, including the debtor, the debtor's employees and agents and the debtor's creditors, to do either or both of the following:

(a) attend, in person or by electronic means, before the director to answer questions on oath or affirmation, or in any other manner;

(b) produce for the director a record or thing in the person's possession or control.

(3) The director may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (2), or

(b) directing any officers and governing members of a person to cause the person to comply with an order made under subsection (2).

Contempt proceeding for uncooperative person

6.1 The failure or refusal of a person subject to an order under section 6 to do any of the following makes the person, on application to the Supreme Court by the director, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the director;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

 
Electoral Boundaries Commission Act

71 Section 2 of the Electoral Boundaries Commission Act, R.S.B.C. 1996, c. 107, is amending by adding the following subsections:

(3) If one member of the commission is unable for any reason to complete the member's duties, 2 members of the commission may continue to exercise powers and perform duties as the commission under this Act, and

(a) the vacancy does not invalidate any action taken, and

(b) the provisions of this Act concerning the commission continue to apply.

(4) If a member of the commission is unable for any reason to complete the member's duties, the Lieutenant Governor in Council may, subject to the limitations and conditions set out in subsection (1), appoint a person to complete the member's duties, and that person may rely on all decisions made and information received by any member of the commission.

72 Section 6 is repealed and the following substituted:

Power to compel persons to give evidence
and order disclosure

6 (1) For the purposes of this Act, the commission may make an order requiring a person to do either or both of the following;

(a) attend, in person or by electronic means, before the commission to answer questions on oath or affirmation, or in any other manner;

(b) produce for the commission a record or thing in the person's possession or control.

(2) The commission may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (1), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (1).

Maintenance of order at hearings

6.1 (1) At an oral hearing, the commission may make orders or give directions that it considers necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any order or direction, the commission may call on the assistance of any peace officer to enforce the order or direction.

(2) A peace officer called on under subsection (1) may take any action that is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.

(3) Without limiting subsection (1), the commission, by order, may

(a) impose restrictions on a person's continued participation in or attendance at a hearing, and

(b) exclude a person from further participation in or attendance at a hearing until the commission orders otherwise.

Contempt proceeding for uncooperative person

6.2 (1) The failure or refusal of a person subject to an order under section 6 to do any of the following makes the person, on application to the Supreme Court by the commission, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the commission;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

(2) The failure or refusal of a person subject to an order or direction under section 6.1 to comply with the order or direction makes the person, on application to the Supreme Court by the commission, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(3) Subsections (1) and (2) do not limit the conduct for which a finding of contempt may be made by the Supreme Court.

Immunity protection

6.3 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the commission, a member of the commission or a person acting on behalf of or under the direction of the commission or a member of the commission, because of anything done or omitted

(a) in the performance or intended performance of any duty under this Act, or

(b) in the exercise or intended exercise of any power under this Act.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

 
Employment Standards Act

73 Section 84 of the Employment Standards Act, R.S.B.C. 1996, c. 113, is repealed and the following substituted:

Power to compel persons to answer questions
and order disclosure

84 (1) For the purposes of this Act, the director may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the director to answer questions on oath or affirmation, or in any other manner;

(b) produce for the director a record or thing in the person's possession or control.

(2) The director may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (1), or

(b) directing any officers and governing members of a person to cause the person to comply with an order made under subsection (1).

Maintenance of order at hearings

84.1 (1) At an oral hearing, the director may make orders or give directions that he or she considers necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any order or direction, the director may call on the assistance of any peace officer to enforce the order or direction.

(2) A peace officer called on under subsection (1) may take any action that is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.

(3) Without limiting subsection (1), the director, by order, may

(a) impose restrictions on a person's continued participation in or attendance at a hearing, and

(b) exclude a person from further participation in or attendance at a hearing until the director orders otherwise.

Contempt proceeding for uncooperative person

84.2 (1) The failure or refusal of a person subject to an order under section 84 to do any of the following makes the person, on application to the Supreme Court by the director, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the director;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

(2) The failure or refusal of a person subject to an order or direction under section 84.1 to comply with the order or direction makes the person, on application to the Supreme Court by the director, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(3) Subsections (1) and (2) do not limit the conduct for which a finding of contempt may be made by the Supreme Court.

Immunity protection

84.3 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the director, or a person acting on behalf of or under the direction of the director, because of anything done or omitted

(a) in the performance or intended performance of any duty under this Act, or

(b) in the exercise or intended exercise of any power under this Act.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

 
Financial Administration Act

74 Section 8 (2) (d) of the Financial Administration Act, R.S.B.C. 1996, c. 138, is repealed and the following substituted:

(d) may examine any person with respect to any matter that, under any Act, the Comptroller General is required or authorized to check, examine or control.

75 The following sections are added:

Power to compel persons to answer questions
and order disclosure

8.1 (1) For the purposes of an examination under section 8 (2) (d), the Comptroller General may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the Comptroller General to answer questions on oath or affirmation, or in any other manner;

(b) produce for the Comptroller General a record or thing in the person's possession or control.

(2) The Comptroller General may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (1), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (1).

Contempt proceeding for uncooperative person

8.2 The failure or refusal of a person subject to an order under section 8.1 to do any of the following makes the person, on application to the Supreme Court by the Comptroller General, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the Comptroller General;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

 
Freedom of Information and Protection of Privacy Act

76 Section 44 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) For the purposes of conducting an investigation or an audit under section 42 or an inquiry under section 56, the commissioner may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the commissioner to answer questions on oath or affirmation, or in any other manner;

(b) produce for the commissioner a record in the custody or under the control of the person, including a record containing personal information.

(2) The commissioner may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (1), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (1). , and

(b) in subsections (2.1), (3) and (4) by striking out "or (2)".

77 The following sections are added:

Maintenance of order at hearings

44.1 (1) At an oral hearing, the commissioner may make orders or give directions that he or she considers necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any order or direction, the commissioner may call on the assistance of any peace officer to enforce the order or direction.

(2) A peace officer called on under subsection (1) may take any action that is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.

(3) Without limiting subsection (1), the commissioner, by order, may

(a) impose restrictions on a person's continued participation in or attendance at a hearing, and

(b) exclude a person from further participation in or attendance at a hearing until the commissioner orders otherwise.

Contempt proceeding for uncooperative person

44.2 (1) The failure or refusal of a person subject to an order under section 44 to do any of the following makes the person, on application to the Supreme Court by the commissioner, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the commissioner;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records in the person's custody or under the person's control.

(2) The failure or refusal of a person subject to an order or direction under section 44.1 to comply with the order or direction makes the person, on application to the Supreme Court by the commissioner, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(3) Subsections (1) and (2) do not limit the conduct for which a finding of contempt may be made by the Supreme Court.

78 Section 61 (1) is amended by striking out "43, 44" and substituting "43 to 44.2".

 
Health Act

79 Section 15 (2) and (3) of the Health Act, R.S.B.C. 1996, c. 179, is repealed and the following substituted:

(2) For the purposes of an investigation under subsection (1), the commissioner may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the commissioner to answer questions on oath or affirmation, or in any other manner;

(b) produce for the commissioner a record or thing in the person's possession or control.

(3) The commissioner may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (2), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (2).

80 The following sections are added:

Maintenance of order at hearings

15.1 (1) At an oral hearing, the commissioner may make orders or give directions that he or she considers necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any order or direction, the commissioner may call on the assistance of any peace officer to enforce the order or direction.

(2) A peace officer called on under subsection (1) may take any action that is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.

(3) Without limiting subsection (1), the commissioner, by order, may

(a) impose restrictions on a person's continued participation in or attendance at a hearing, and

(b) exclude a person from further participation in or attendance at a hearing until the commissioner orders otherwise.

Contempt proceeding for uncooperative person

15.2 (1) The failure or refusal of a person subject to an order under section 15 to do any of the following makes the person, on application to the Supreme Court by the commissioner, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the commissioner;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

(2) The failure or refusal of a person subject to an order or direction under section 15.1 to comply with the order or direction makes the person, on application to the Supreme Court by the commissioner, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(3) Subsections (1) and (2) do not limit the conduct for which a finding of contempt may be made by the Supreme Court.

Commission staff

15.3 (1) The commissioner may appoint employees, in accordance with the Public Service Act, necessary to exercise the powers and perform the duties of a commission.

(2) The commissioner may engage or retain consultants, investigators, lawyers, expert witnesses or other persons the commissioner considers necessary for the purposes of an investigation under section 15, and may determine their remuneration.

(3) The Public Service Act does not apply to a person engaged or retained under subsection (2) of this section.

Immunity protection

15.4 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the commissioner, or a person acting on behalf of or under the direction of the commissioner, because of anything done or omitted

(a) in the performance or intended performance of any duty under section 15, or

(b) in the exercise or intended exercise of any power under sections 15 to 15.3.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

 
Indian Advisory Act

81 Section 2 (3) of the Indian Advisory Act, R.S.B.C. 1996, c. 217, is repealed and the following substituted:

(3) For the purposes of this Act, the chair may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the chair to answer questions on oath or affirmation, or in any other manner;

(b) produce for the chair a record or thing in the person's possession or control.

(4) The chair may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (3), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (3).

82 The following section is added:

Contempt proceeding for uncooperative person

2.1 The failure or refusal of a person subject to an order under section 2 to do any of the following makes the person, on application to the Supreme Court by the chair of the committee, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the chair;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

 
Labour Relations Code

83 Section 76 (4) of the Labour Relations Code, R.S.B.C. 1996, c. 244, is repealed and the following substituted:

(4) The special mediator, in carrying out his or her duties under this Code, has the powers and protection set out in sections 145.1 to 145.4.

84 Section 79 (7) is repealed and the following substituted:

(7) The members of an industrial inquiry commission have the powers and protection set out in sections 145.1 to 145.4.

85 Section 109 is amended by striking out "has the powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act" and substituting "has the powers and protection set out in sections 145.1 to 145.4".

86 The following sections are added:

Power to compel persons to answer questions
and order disclosure

145.1 (1) For the purposes of carrying out duties under this Code, a special mediator appointed under section 76, an industrial inquiry commission appointed under section 79 or a special officer may make an order requiring a person to do either or both of the following;

(a) attend, in person or by electronic means, before the special mediator, industrial inquiry commission or special officer, as applicable, to answer questions on oath or affirmation, or in any other manner;

(b) produce for the special mediator, industrial inquiry commission or special officer, as applicable, a record or thing in the person's possession or control.

(2) The special mediator, industrial inquiry commission or special officer may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (1), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (1).

Maintenance of order at hearings

145.2 (1) At an oral hearing, a special mediator appointed under section 76, an industrial inquiry commission appointed under section 79 or a special officer may make orders or give directions as necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any order or direction, the special mediator, industrial inquiry commission or special officer who made the order or gave the direction may call on the assistance of any peace officer to enforce the order or direction.

(2) A peace officer called on under subsection (1) may take any action that is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.

(3) Without limiting subsection (1), the special mediator, industrial inquiry commission or special officer, by order, may

(a) impose restrictions on a person's continued participation in or attendance at a hearing, and

(b) exclude a person from further participation in or attendance at a hearing until the special mediator, industrial inquiry commission or special officer, as applicable, orders otherwise.

Contempt proceeding for uncooperative person

145.3 (1) The failure or refusal of a person subject to an order under section 145.1 to do any of the following makes the person, on application to the Supreme Court by the special mediator, industrial inquiry commission or special officer referred to in that section, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the special mediator, industrial inquiry commission or special officer;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

(2) The failure or refusal of a person subject to an order or direction under section 145.2 to comply with the order or direction makes the person, on application to the Supreme Court by the special mediator, industrial inquiry commission or special officer referred to in that section, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(3) Subsections (1) and (2) do not limit the conduct for which a finding of contempt may be made by the Supreme Court.

Immunity protection

145.4 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the special mediator, the industrial inquiry commission, a member of the industrial inquiry commission or the special officer referred to in section 145.1, or a person acting on behalf of or under the direction of any of these, because of anything done or omitted

(a) in the performance or intended performance of any duty under this Code, or

(b) in the exercise or intended exercise of any power under this Code.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

 
Logging Tax Act

87 Section 11 (2) of the Logging Tax Act, R.S.B.C. 1996, c. 277, is repealed and the following substituted:

(2) For the purposes of subsection (1), the officer may make an order requiring a person to do either or both of the following;

(a) attend, in person or by electronic means, before the officer to answer questions on oath or affirmation, or in any other manner;

(b) produce for the officer a record or thing in the person's possession or control.

(3) The officer may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (2), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (2).

88 The following sections are added:

Contempt proceeding for uncooperative person

11.1 The failure or refusal of a person subject to an order under section 11 to do any of the following makes the person, on application to the Supreme Court by the officer authorized to act under that section, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the officer;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

Immunity protection

11.2 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the officer authorized to act under section 11, or a person acting on behalf of or under the direction of the officer, because of anything done or omitted

(a) in the performance or intended performance of any duty under section 11, or

(b) in the exercise or intended exercise of any power under section 11 or 11.1.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

 
Mineral Tenure Act

89 Sections 13 (9) and 40 (10) of the Mineral Tenure Act, R.S.B.C. 1996, c. 292, are repealed.

90 The following sections are added:

Power to compel persons to answer questions
and order disclosure

40.1 (1) For the purposes of making a determination under section 13 or 40, the chief gold commissioner may make an order requiring a person to do either or both of the following;

(a) attend, in person or by electronic means, before the chief gold commissioner to answer questions on oath or affirmation, or in any other manner;

(b) produce for the chief gold commissioner a record or thing in the person's possession or control.

(2) The chief gold commissioner may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (1), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (1).

Contempt proceeding for uncooperative person

40.2 The failure or refusal of a person subject to an order under section 40.1 to do any of the following makes the person, on application to the Supreme Court by the chief gold commissioner, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the chief gold commissioner;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

Immunity protection

40.3 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the chief gold commissioner, or a person acting on behalf of or under the direction of the chief gold commissioner, because of anything done or omitted

(a) in the performance or intended performance of any duty under section 13 or 40, or

(b) in the exercise or intended exercise of any power under section 13 or 40 to 40.2.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

 
Mines Act

91 Section 8 of the Mines Act, R.S.B.C. 1996, c. 293, is repealed and the following substituted:

Power to compel persons to answer questions
and order disclosure

8 (1) For the purposes of conducting an investigation under section 7, an inspector may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the inspector to answer questions on oath or affirmation, or in any other manner;

(b) produce for the inspector a record or thing in the person's possession or control.

(2) An inspector may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (1), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (1).

Contempt proceeding for uncooperative person

8.1 The failure or refusal of a person subject to an order under section 8 to do any of the following makes the person, on application to the Supreme Court by an inspector, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the inspector;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

 
Ministry of Energy and Mines Act

92 The Ministry of Energy and Mines Act, R.S.B.C. 1996, c. 298, is amended by adding the following section:

Definitions for sections 8 to 8.5

7.1 In sections 8 to 8.5:

"investigation or inquiry" means an investigation or inquiry authorized under section 8;

"investigator" means a person employed under section 8 (2) (a) to initiate and carry out an investigation or inquiry.

93 Section 8 (2) (b) is repealed and the following substituted:

(b) for the purposes of an investigation or inquiry, confer on investigators

(i) the powers set out in sections 8.2 to 8.4, and

(ii) the protection set out in section 8.5, .

94 The following sections are added:

Application of sections 8.2 to 8.5

8.1 Sections 8.2 to 8.5 apply to an investigator only if

(a) a regulation has been made under section 8 (2) (b) authorizing the minister to confer on investigators the powers and protection referred to in that section, and

(b) the minister confers those powers and that protection on the investigator.

Power to compel persons to answer questions
and order disclosure

8.2 (1) For the purposes of conducting an investigation or inquiry, an investigator may make an order requiring a person, other than a person described in section 8 (2) (c), to do either or both of the following:

(a) attend, in person or by electronic means, before the investigator to answer questions on oath or affirmation, or in any other manner;

(b) produce for the investigator a record or thing in the person's possession or control.

(2) An investigator may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (1), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (1).

Maintenance of order at hearings

8.3 (1) At an oral hearing, the investigator may make orders or give directions that he or she considers necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any order or direction, the investigator may call on the assistance of any peace officer to enforce the order or direction.

(2) A peace officer called on under subsection (1) may take any action that is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.

(3) Without limiting subsection (1), the investigator, by order, may

(a) impose restrictions on a person's continued participation in or attendance at a hearing, and

(b) exclude a person from further participation in or attendance at a hearing until the investigator orders otherwise.

Contempt proceeding for uncooperative person

8.4 (1) The failure or refusal of a person subject to an order under section 8.2 to do any of the following makes the person, on application to the Supreme Court by an investigator, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the investigator;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

(2) The failure or refusal of a person subject to an order or direction under section 8.3 to comply with the order or direction makes the person, on application to the Supreme Court by an investigator, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(3) Subsections (1) and (2) do not limit the conduct for which a finding of contempt may be made by the Supreme Court.

Immunity protection

8.5 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against an investigator, or a person acting on behalf of or under the direction of an investigator, because of anything done or omitted

(a) in the performance or intended performance of any duty under section 8, or

(b) in the exercise or intended exercise of any power under sections 8.2 to 8.4.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

 
Personal Information Protection Act

95 Section 38 (1) of the Personal Information Protection Act, S.B.C. 2003, c. 63, is repealed and the following substituted:

(1) For the purposes of conducting an investigation or an audit under section 36 or an inquiry under section 50, the commissioner may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the commissioner to answer questions on oath or affirmation, or in any other manner;

(b) produce for the commissioner a document in the custody or under the control of the person, including a document containing personal information.

(1.1) The commissioner may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (1), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (1).

96 Section 38 (2) is amended

(a) by adding "and" at the end of paragraph (a) (ii), and

(b) by repealing paragraph (b).

97 Section 38 (3), (5) and (6) is amended by striking out "subsection (1) or (2) (a) or (b)" and substituting "subsection (1) or (2) (a)".

98 The following sections are added:

Maintenance of order at hearings

38.1 (1) At an oral hearing, the commissioner may make orders or give directions that he or she considers necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any order or direction, the commissioner may call on the assistance of any peace officer to enforce the order or direction.

(2) A peace officer called on under subsection (1) may take any action that is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.

(3) Without limiting subsection (1), the commissioner, by order, may

(a) impose restrictions on a person's continued participation in or attendance at a hearing, and

(b) exclude a person from further participation in or attendance at a hearing until the commissioner orders otherwise.

Contempt proceeding for uncooperative person

38.2 (1) The failure or refusal of a person subject to an order under section 38 to do any of the following makes the person, on application to the Supreme Court by the commissioner, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the commissioner;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce documents in the person's custody or under their control.

(2) The failure or refusal of a person subject to an order or direction under section 38.1 to comply with the order or direction makes the person, on application to the Supreme Court by the commissioner, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(3) Subsections (1) and (2) do not limit the conduct for which a finding of contempt may be made by the Supreme Court.

 
Private Investigators and Security Agencies Act

99 Section 19 (1) of the Private Investigators and Security Agencies Act, R.S.B.C. 1996, c. 374, is amended by striking out everything after "in accordance with the regulations".

100 Section 20 is amended by adding the following subsections:

(4.1) For the purposes of an appeal, the director may make an order requiring a person to do either or both of the following;

(a) attend, in person or by electronic means, before the director to answer questions on oath or affirmation, or in any other manner;

(b) produce for the director a record or thing in the person's possession or control.

(4.2) The director may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (4.1), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (4.1).

101 The following sections are added:

Maintenance of order at hearings

21.1 (1) At an oral hearing, the director may make orders or give directions that he or she considers necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any order or direction, the director may call on the assistance of any peace officer to enforce the order or direction.

(2) A peace officer called on under subsection (1) may take any action that is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.

(3) Without limiting subsection (1), the director, by order, may

(a) impose restrictions on a person's continued participation in or attendance at a hearing, and

(b) exclude a person from further participation in or attendance at a hearing until the director orders otherwise.

Contempt proceeding for uncooperative person

21.2 (1) The failure or refusal of a person subject to an order under section 20 (4.1) to do any of the following makes the person, on application to the Supreme Court by the director, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the director;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

(2) The failure or refusal of a person subject to an order or direction under section 21.1 to comply with the order or direction makes the person, on application to the Supreme Court by the director, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(3) Subsections (1) and (2) do not limit the conduct for which a finding of contempt may be made by the Supreme Court.

Immunity protection

21.3 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the director, or a person acting on behalf of or under the direction of the director, because of anything done or omitted

(a) in the performance or intended performance of any duty under section 19 or 20, or

(b) in the exercise or intended exercise of any power under sections 19 to 21.2.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

 
Public Service Act

102 Section 20 of the Public Service Act, R.S.B.C. 1996, c. 385, is repealed and the following substituted:

Power to compel persons to answer questions
and order disclosure

20 (1) For the purposes of a review under section 19, the merit commissioner may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the merit commissioner to answer questions on oath or affirmation, or in any other manner;

(b) produce for the merit commissioner a record or thing in the person's possession or control.

(2) The merit commissioner may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (1), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (1).

Contempt proceeding for uncooperative person

20.01 The failure or refusal of a person subject to an order under section 20 to do any of the following makes the person, on application to the Supreme Court by the merit commissioner, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the merit commissioner;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

Immunity protection

20.02 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the merit commissioner, or a person acting on behalf of or under the direction of the merit commissioner, because of anything done or omitted

(a) in the performance or intended performance of any duty under section 19, or

(b) in the exercise or intended exercise of any power under sections 19 to 20.01.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

 
Railway and Ferries Bargaining Assistance Act

103 Section 18 (3) of the Railway and Ferries Bargaining Assistance Act, S.B.C. 1976, c. 48, is amended by striking out ", and" at the end of paragraph (c), by repealing paragraphs (b) and (d) and by substituting the following:

(b) may make an order requiring a person to do any of the following:

(i) attend, in person or by electronic means, before the fact-finder to answer questions on oath or affirmation, or in any other manner;

(ii) give evidence or information on affidavit or otherwise;

(iii) produce for the fact-finder a record or thing in the person's possession or control,

(b.1) may apply to the Supreme Court for an order

(i) directing a person to comply with a requirement or an order made under paragraph (a) or (b), or

(ii) directing any directors and officers of a person to cause the person to comply with a requirement or an order made under paragraph (a) or (b), and .

104 The following sections are added to Part III:

Maintenance of order at hearings

18.1 (1) At an oral hearing, the fact-finder may make orders or give directions that he or she considers necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any order or direction, the fact-finder may call on the assistance of any peace officer to enforce the order or direction.

(2) A peace officer called on under subsection (1) may take any action that is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.

(3) Without limiting subsection (1), the fact-finder, by order, may

(a) impose restrictions on a person's continued participation in or attendance at a hearing, and

(b) exclude a person from further participation in or attendance at a hearing until the fact-finder orders otherwise.

Contempt proceeding for uncooperative person

18.2 (1) The failure or refusal of a person subject to a requirement or an order under section 18 (3) (a) or (b) to do any of the following makes the person, on application to the Supreme Court by the fact-finder, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the fact-finder;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

(2) The failure or refusal of a person subject to an order or direction under section 18.1 to comply with the order or direction makes the person, on application to the Supreme Court by the fact-finder, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(3) Subsections (1) and (2) do not limit the conduct for which a finding of contempt may be made by the Supreme Court.

Immunity protection

18.3 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a fact-finder, or a person acting on behalf of or under the direction of a fact-finder, because of anything done or omitted

(a) in the performance or intended performance of any duty under section 18, or

(b) in the exercise or intended exercise of any power under sections 18 to 18.2.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

 
Representative for Children and Youth Act

105 Section 14 of the Representative for Children and Youth Act, S.B.C. 2006, c. 29, is repealed and the following substituted:

Power to compel persons to answer questions
and order disclosure

14 (1) For the purposes of an investigation under this Part, the representative may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the representative to answer questions on oath or affirmation, or in any other manner;

(b) produce for the representative a record or thing in the person's possession or control.

(2) The representative may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (1), or

(b) directing any officers and governing members of a person to cause the person to comply with an order made under subsection (1).

Contempt proceeding for uncooperative person

14.1 The failure or refusal of a person subject to an order under section 14 to do any of the following makes the person, on application to the Supreme Court by the representative, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the representative;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

 
Vancouver Charter

106 Section 177 of the Vancouver Charter, S.B.C. 1953, c. 55, is repealed and the following substituted:

Barrister's powers

177. (1) The barrister engaged under section 176 must without delay make the investigation and report to the Council.

(2) For the purposes of an investigation and report, the barrister may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the barrister to answer questions on oath or affirmation, or in any other manner;

(b) produce for the barrister a record or thing in the person's possession or control.

(3) The barrister may apply to the court for an order

(a) directing a person to comply with an order made under subsection (2), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (2).

(4) The barrister may allow a person whose conduct is being investigated, and must allow a person against whom any charge is made in the course of an investigation, to be represented by counsel.

(5) A report must not be made against a person against whom any charge is made in the course of an investigation until the person

(a) has been given reasonable notice of the charge, and

(b) has been allowed full opportunity to be heard in person or by counsel.

Contempt proceeding for uncooperative person

177.1 The failure or refusal of a person subject to an order under section 177 (2) to do any of the following makes the person, on application to the court by the barrister, liable to be committed for contempt as if in breach of an order or judgment of the court:

(a) attend before the barrister;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

 
Water Act

107 Section 89 of the Water Act, R.S.B.C. 1996, c. 483, is repealed and the following substituted:

Power to summon witnesses

89 (1) If it appears to the comptroller, a regional water manager or an engineer that the proper determination of a matter within his or her jurisdiction requires a public or other inquiry, he or she may hold that inquiry.

(2) For the purposes of an inquiry, the comptroller, regional water manager or engineer may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the comptroller, regional water manager or engineer, as applicable, to answer questions on oath or affirmation, or in any other manner;

(b) produce for the comptroller, regional water manager or engineer, as applicable, a record or thing in the person's possession or control.

(3) The comptroller, regional water manager or engineer may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (2), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (2).

Maintenance of order at hearings

89.1 (1) At an oral hearing, the comptroller, regional water manager or engineer may make orders or give directions that he or she considers necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any order or direction, the comptroller, regional water manager or engineer, as applicable, may call on the assistance of any peace officer to enforce the order or direction.

(2) A peace officer called on under subsection (1) may take any action that is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.

(3) Without limiting subsection (1), the comptroller, regional water manager or engineer, by order, may

(a) impose restrictions on a person's continued participation in or attendance at a hearing, and

(b) exclude a person from further participation in or attendance at a hearing until the comptroller, regional water manager or engineer, as applicable, orders otherwise.

Contempt proceeding for uncooperative person

89.2 (1) The failure or refusal of a person subject to an order under section 89 to do any of the following makes the person, on application to the Supreme Court by the comptroller, regional water manager or engineer who made the order, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the comptroller, regional water manager or engineer;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

(2) The failure or refusal of a person subject to an order or direction under section 89.1 to comply with the order or direction makes the person, on application to the Supreme Court by the comptroller, regional water manager or engineer who made the order, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(3) Subsections (1) and (2) do not limit the conduct for which a finding of contempt may be made by the Supreme Court.

 
Youth Justice Act

108 Section 38 of the Youth Justice Act, S.B.C. 2003, c. 85, is amended

(a) in subsection (2) by striking out "The minister and any person appointed by the minister to conduct an investigation under this section has, for the purposes of the investigation, all the powers, privileges and protections of a commissioner under sections 12, 15 and 16 of the Inquiry Act, and is entitled access at any time to" and substituting "For the purposes of an investigation under this section, the minister and any person appointed by the minister to conduct the investigation is entitled access at any time to", and

(b) by adding the following subsections:

(3) For the purposes of an investigation under this section, the minister and any person appointed by the minister to conduct the investigation may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the minister or appointed person to answer questions on oath or affirmation, or in any other manner;

(b) produce for the minister or appointed person a record or thing in the person's possession or control.

(4) The minister or appointed person may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (3), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (3).

109 The following sections are added:

Contempt proceeding for uncooperative person

38.1 The failure or refusal of a person subject to an order under section 38 (3) to do any of the following makes the person, on application to the Supreme Court by the minister or a person appointed to conduct an investigation under that section, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the minister or appointed person;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

Immunity protection

38.2 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a person appointed to conduct an investigation under section 38, or a person acting on behalf of or under the direction of the appointed person, because of anything done or omitted

(a) in the performance or intended performance of any duty under section 38, or

(b) in the exercise or intended exercise of any power under section 38 or 38.1.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

 
Part 10 -- Consequential Amendments to Provide
Direct Contempt Powers

 
Members' Conflict of Interest Act

110 Section 21 (2) of the Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287, is repealed and the following substituted:

(2) For the purposes of preparing an opinion under section 19 or conducting a special assignment under section 20, the commissioner may order a person to do either or both of the following:

(a) attend, in person or by electronic means, before the commissioner to give evidence on oath or affirmation or in any other manner;

(b) produce for the commissioner a record or thing in the person's possession or control.

(2.1) An order under subsection (2) must be in the form of a summons, served on the person by personal delivery or registered mail to the person's last known address.

111 The following section is added:

Power to enforce summons and punish for contempt

21.1 (1) The commissioner may make an order finding a person to be in contempt, and may impose a fine on or commit the person for contempt, if the person has been served with a summons under section 21 and fails or refuses to do any of the following:

(a) attend before the commissioner;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

(2) The commissioner may call on the assistance of any peace officer to enforce an order made under this section, and, if called on, the peace officer may take any action that is necessary to enforce the order and may use such force as is reasonably required for that purpose.

 
Police Act

112 Section 61 (8) of the Police Act, R.S.B.C. 1996, c. 367, is repealed and the following substituted:

(8) For the purposes of conducting a public hearing, the adjudicator may order a person to do either or both of the following:

(a) attend, in person or by electronic means, before the adjudicator to give evidence on oath or affirmation or in any other manner;

(b) produce for the adjudicator a record or thing in the person's possession or control.

(9) An order under subsection (8) must be in the form of a summons, served on the person by personal delivery or registered mail to the person's last known address.

113 The following sections are added:

Maintenance of order at hearings

61.01 (1) At a public hearing, the adjudicator may make orders or give directions that he or she considers necessary for the maintenance of order at the public hearing.

(2) Without limiting subsection (1), the adjudicator, by order, may

(a) impose restrictions on a person's continued participation in or attendance at a public hearing, and

(b) exclude a person from further participation in or attendance at a public hearing until the adjudicator orders otherwise.

Power to enforce summons and punish for contempt

61.02 (1) The adjudicator may make an order finding a person to be in contempt, and may impose a fine on or commit the person for contempt, if the person has been served with a summons under section 61 and fails or refuses to do any of the following:

(a) attend before the adjudicator;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

(2) The adjudicator may make an order finding a person to be in contempt, and may commit the person for contempt, if the person fails or refuses to comply with an order or direction under section 61.01.

(3) Subsections (1) and (2) do not limit the conduct for which a finding of contempt may be made by the adjudicator.

(4) The adjudicator may call on the assistance of any peace officer to enforce an order made under this section or an order or direction made under section 61.01, and, if called on, the peace officer may take any action that is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.

Immunity protection

61.2 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against an adjudicator of a public hearing, or a person acting on behalf of or under the direction of the adjudicator, because of anything done or omitted

(a) in the performance or intended performance of any duty in relation to a public hearing, or

(b) in the exercise or intended exercise of any power in relation to a public hearing.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

 
Provincial Court Act

114 Section 27 (1) of the Provincial Court Act, R.S.B.C. 1996, c. 379, is repealed and the following substituted:

(1) For the purposes of conducting an inquiry under this Act, a tribunal may order a person to do either or both of the following:

(a) attend, in person or by electronic means, before the tribunal to give evidence on oath or affirmation or in any other manner;

(b) produce for the tribunal a record or thing in the person's possession or control.

(1.1) An order under subsection (1) must be in the form of a summons, served on the person by personal delivery or registered mail to the person's last known address.

115 The following sections are added:

Maintenance of order at hearings

27.1 (1) At an oral hearing, the tribunal may make orders or give directions that the tribunal considers necessary for the maintenance of order at the hearing.

(2) Without limiting subsection (1), the tribunal, by order, may

(a) impose restrictions on a person's continued participation in or attendance at a hearing, and

(b) exclude a person from further participation in or attendance at a hearing until the tribunal orders otherwise.

Power to enforce summons and punish for contempt

27.2 (1) A tribunal may make an order finding a person to be in contempt, and may impose a fine on or commit the person for contempt, if the person has been served with a summons under section 27 and fails or refuses to do any of the following:

(a) attend before the tribunal;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person's possession or control.

(2) The tribunal may make an order finding a person to be in contempt, and may commit the person for contempt, if the person fails or refuses to comply with an order or direction under section 27.1.

(3) Subsections (1) and (2) do not limit the conduct for which a finding of contempt may be made by the tribunal.

(4) The tribunal may call on the assistance of any peace officer to enforce an order made under this section or an order or direction made under section 27.1, and, if called on, the peace officer may take any action that is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.

Immunity protection

27.3 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a tribunal, a member of a tribunal or a person acting on behalf of or under the direction of a tribunal, because of anything done or omitted

(a) in the performance or intended performance of any duty in relation to an inquiry, or

(b) in the exercise or intended exercise of any power in relation to an inquiry.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

 
Part 11 -- Consequential Amendments of Statutes That
Provide for Public Inquiries

 
Crown Counsel Agreement Continuation Act

116 Section 4 (4) of the Crown Counsel Agreement Continuation Act, S.B.C. 2005, c. 4, is repealed and the following substituted:

(4) For the purposes of an inquiry under this section, a person appointed to the commission has the powers, privileges and protection of a commission under sections 22 (1), 23 (a), (b) and (d) and 32 of the Public Inquiry Act.

 
Education Services Collective Agreement Act

117 Section 5 (4) of the Education Services Collective Agreement Act, S.B.C. 2002, c. 1, is repealed and the following substituted:

(4) For the purposes of an inquiry under this section, a person appointed to the commission has the powers, privileges and protection of a commission under sections 22 (1), 23 (a), (b) and (d) and 32 of the Public Inquiry Act.

 
Environmental Assessment Act

118 Section 14 (4) of the Environmental Assessment Act, S.B.C. 2002, c. 43, is repealed and the following substituted:

(4) For the purposes of an assessment conducted under this section by a commission or hearing panel, the minister, by order, may confer on the commission or hearing panel, as the case may be, the powers, privileges and protection of a commission under sections 16, 17, 22 (1), 23 (a), (b) and (d) to (f) and 32 of the Public Inquiry Act.

 
Environmental Management Act

119 Section 113 of the Environmental Management Act, S.B.C. 2003, c. 53, is amended

(a) by repealing subsection (1) and substituting the following:

(1) If the minister considers it necessary, the minister may

(a) order an inquiry with respect to the environment, and

(b) appoint a person to conduct the inquiry. , and

(b) by adding the following subsection:

(3) For the purposes of an inquiry under this section, the minister or person appointed under subsection (1) has the powers, privileges and protection of a commission under sections 16, 17, 22 (1), 23 (a), (b) and (d) to (f) and 32 of the Public Inquiry Act.

 
Health Professions Act

120 Section 18.1 (3) of the Health Professions Act, R.S.B.C. 1996, c. 183, is repealed and the following substituted:

(3) For the purposes of an inquiry under this section, a person appointed under subsection (1) has the powers, privileges and protection of a commission under sections 22 (1), 23 (a), (b) and (d) and 32 of the Public Inquiry Act.

 
Labour Relations Code

121 Section 144 of the Labour Relations Code, R.S.B.C. 1996, c. 244, is repealed and the following substituted:

Powers of minister

144 For the purpose of obtaining information to which the minister is entitled under this Code, the minister or a person designated by the minister has the powers, privileges and protection of a commission under sections 22 (1), 23 (a), (b) and (d) and 32 of the Public Inquiry Act.

 
Local Government Act

122 Section 1021 (3) of the Local Government Act, R.S.B.C. 1996, c. 323, is repealed and the following substituted:

(3) For the purposes of an inquiry under this section, the person holding the inquiry has the powers, privileges and protection of a commission under sections 16, 17, 22 (1), 23 (a), (b) and (d) to (f) and 32 of the Public Inquiry Act.

 
Ministry of Labour Act

123 Section 6 of the Ministry of Labour Act, R.S.B.C. 1996, c. 306, is repealed and the following substituted:

Powers of minister

6 For the purposes of obtaining information to which the minister is entitled under this Act, the minister or a person designated by the minister has the powers of a commission under sections 22 (1) and 23 (a), (b) and (d) of the Public Inquiry Act.

 
Public Education Support Staff Collective Bargaining Assistance Act

124 Section 10 (6) of the Public Education Support Staff Collective Bargaining Assistance Act, S.B.C. 2000, c. 2, is repealed and the following substituted:

(6) For the purposes of an inquiry under this section, the commissioner has the powers, privileges and protection of a commission under sections 22 (1), 23 (a), (b) and (d) and 32 of the Public Inquiry Act.

 
Railway and Ferries Bargaining Assistance Act

125 Section 4 (a) of the Railway and Ferries Bargaining Assistance Act, S.B.C. 1976, c. 48, is repealed and the following substituted:

(a) has the powers, privileges and protection of a commission under sections 16, 17, 22 (1), 23 (a), (b) and (d) to (f) and 32 of the Public Inquiry Act, .

 
Real Estate Services Act

126 Section 129 (2) of the Real Estate Services Act, S.B.C. 2004, c. 42, is repealed and the following substituted:

(2) For the purposes of a review, the person conducting the review has the powers and protection of a commission under sections 22 (1), 23 (a), (b) and (d) and 32 of the Public Inquiry Act.

 
Part 12 -- Related Consequential Amendments

 
Administrative Tribunals Act

127 Section 61 (2) of the Administrative Tribunals Act, S.B.C. 2004, c. 45, is amended by striking out "section 44 (2), (2.1) and (3)," and substituting "section 44 (1) (b), (2), (2.1) and (3),".

 
Adoption Act

128 Section 74 (2) of the Adoption Act, R.S.B.C. 1996, c. 5, is amended by striking out "Section 44 (2) and (3)" and substituting "Section 44 (1) (b), (2), (2.1) and (3)".

 
Child, Family and Community Service Act

129 Section 24 (2) of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is amended by striking out "section 44 (2) and (3)," and substituting "section 44 (1) (b), (2), (2.1) and (3),".

 
Evidence Act

130 Section 51 (7) of the Evidence Act, R.S.B.C. 1996, c. 124, is amended by striking out "section 44 (2) and (3)" and substituting "section 44 (1) (b), (2), (2.1) and (3)".

 
Family Relations Act

131 Sections 3 (4), 41 (2) and 100 (5) of the Family Relations Act, R.S.B.C. 1996, c. 128, is amended by striking out "section 44 (2) and (3)" and substituting "section 44 (1) (b), (2), (2.1) and (3)".

 
Securities Act

132 Section 148 (2) of the Securities Act, R.S.B.C. 1996, c. 418, is amended by striking out "section 44 (2) and (3)" and substituting "section 44 (1) (b), (2), (2.1) and (3)".

 
Statistics Act

133 Section 9 (2) of the Statistics Act, R.S.B.C. 1996, c. 439, is amended by striking out "section 44 (2) and (3)" and substituting "section 44 (1) (b), (2), (2.1) and (3)".

Commencement

134 This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Note

This Bill repeals and replaces the Inquiry Act, R.S.B.C. 1996, c. 224, with a new Public Inquiry Act. The new Act provides powers to establish 2 types of commissions of inquiry: study commissions and hearing commissions. A hearing commission has a broader range of powers and duties than a study commission, including special powers to compel witnesses and order disclosure, and to find a person in contempt. However, these powers may be extended to study commissions, or the 2 types of commissions may be combined.