BILL 46 – 2002
ATTORNEY GENERAL STATUTES AMENDMENT ACT, 2002

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

 
Lobbyists Registration Act

1 Section 2 (1) of the Lobbyists Registration Act, S.B.C. 2001, c. 42, is amended by adding the following paragraph:

(d.1) employees of bodies representing municipal councils, regional district boards, improvement district boards, school district boards or other local government authorities; .

2 Section 11 (2) (d) is amended by striking out "section 4 (1) (d) (ii) or (h)" and substituting "section 4 (1) (c) (ii), (d) (ii) or (h)".

 
Offence Act

3 Section 1 of the Offence Act, R.S.B.C. 1996, c. 338, is amended by repealing paragraph (a) of the definition of "ticketed amount" and substituting the following:

(a) the fine prescribed, as applicable, for payment

(i) on or before the 30th day, or

(ii) after the 30th day,

from the date of service under section 14 (5) or mailing under section 14 (6) of the violation ticket; .

4 Section 8 is amended by striking out "Every" and substituting "Subject to section 2.1 of the Provincial Court Act, every".

5 The following sections are added:

Evidence admissible in trial on a violation ticket

15.1 (1) Despite section 60, a justice hearing the trial on a violation ticket may admit as evidence, whether or not it would be admissible under the laws of evidence, any oral or written testimony or any record or thing that the justice considers is

(a) relevant to an issue in the trial, and

(b) credible and trustworthy.

(2) A justice may not admit under subsection (1) anything that is privileged under the laws of evidence.

Procedures in trial on a violation ticket

15.2 (1) Despite section 60, but subject to the Rules of Court, a justice hearing the trial on a violation ticket may adopt procedures that are conducive to justly and expeditiously determining the matter.

(2) On a trial of a violation ticket, the prosecutor may appear and prosecute

(a) by video conferencing, if video conferencing equipment is available at the location of the Provincial Court where the trial is held, or

(b) by telephone.

Certificate evidence of prescribed violation ticket offence admissible

15.3 (1) If a hearing required under section 15 (5) is in respect of a prescribed offence, a certificate in the prescribed form, purporting to be signed by an enforcement officer and setting out evidence of the alleged offence, is admissible in the hearing without proof of the signature or official character of the enforcement officer appearing to have signed the certificate and is proof of the facts certified in it unless there is evidence to the contrary.

(2) For the purpose of a certificate under subsection (1),

(a) the certificate may be created, completed and signed in electronic format by electronic or any other means that allows the certificate to be reproduced in intelligible form including, without limitation, electronically,

(b) in place of signing the certificate under subsection (1), the enforcement officer may identify himself or herself as the person making and authenticating the certificate by means of an electronic reproduction of his or her signature that is capable of being assigned to that certificate only by that enforcement officer,

(c) the signature referred to in paragraph (b) may be made by electronic or any other means that allows the signature to be reproduced in intelligible form including, without limitation, by electronically storing the signature by means of an electronic scanner or an electronic signature pad,

(d) if the certificate including the enforcement officer's signature is in electronic format, it may be converted from electronic format to paper format for all purposes including, without limitation, for the purpose of delivering the certificate to the court, and

(e) if the certificate including the enforcement officer's signature is in electronic format, it may be received, transmitted, stored or sent electronically.

(3) A person against whom a certificate under this section is produced may, with leave of the court, require the attendance of the enforcement officer who signed the certificate, for the purpose of cross-examination, if in the opinion of the court cross-examination is necessary to determine a relevant issue before the court.

(4) The Lieutenant Governor in Council may make regulations for the purposes of this section, including regulations prescribing

(a) the offences in respect of which a certificate under subsection (1) is admissible, and

(b) the form of a certificate under subsection (1).

Disputing fine amount in writing

15.4 (1) A person who delivers a notice of dispute under section 15 (1) or (2) in respect of only the fine portion of the ticketed amount indicated on a violation ticket may include with the notice, in the prescribed form,

(a) a statement that he or she does not want to appear in person for a hearing of the dispute, and

(b) written reasons for requesting

(i) a reduction in the fine amount, or

(ii) time to pay under section 82 (2) (b).

(2) If a notice of dispute includes the form referred to in subsection (1),

(a) the hearing required by section 15 (5) is satisfied by the consideration under paragraph (c),

(b) section 15 (6) and (8) to (12) does not apply to the dispute,

(c) the justice to whom the matter is referred must consider the reasons provided under subsection (1) (b) and make an order in the dispute in accordance with this Act, and

(d) the order of the justice under paragraph (c) may be sent by ordinary mail to the person who delivered the notice under section 15 (1) or (2).

(3) An order of a justice sent under subsection (2) (d) is deemed to have been received on the 7th day after the date of mailing.

6 Section 16 is amended

(a) by repealing subsections (2) and (3) and substituting the following:

(2) Subject to subsection (3), if a person who

(a) is served with a violation ticket, and

(b) is convicted under section 15 or deemed to have pleaded guilty under subsection (1)

wishes to dispute the allegation or the amount of the fine, the person must apply to a justice and the justice, on being satisfied of the matters in subsection (2.1) by affidavit in the prescribed form and with or without hearing from the applicant, may make an order striking out the conviction, if any, and allowing the person to dispute the allegation or the amount of the fine portion of the ticketed amount in accordance with sections 15 to 15.4.

(3) If a person

(a) to whom a violation ticket is mailed under section 14 (6) (a) but on whom the ticket has not been served, and

(b) who was deemed to have pleaded guilty to the alleged contravention on the ticket under section 14 (11) or 15 (12)

wishes to dispute the allegation or the amount of the fine, the person must apply to a justice and the justice, on being satisfied of the matters in subsection (3.2) by affidavit in the prescribed form and with or without hearing from the applicant, may make an order striking out the conviction, if any, and allowing the person to dispute the allegation or the amount of the fine portion of the ticketed amount in accordance with sections 15 to 15.4. , and

(b) by adding the following subsections:

(2.1) Before making an order under subsection (2) allowing a dispute to proceed, a justice must be satisfied that

(a) through no fault of the defendant, he or she did not have an opportunity to dispute the allegation or the amount of the fine,

(b) the defendant had a genuine intention to dispute the ticket before the dispute period under subsection (1) expired,

(c) no undue prejudice will result from the extension of the dispute period,

(d) the defendant has an arguable defence to the violation ticket, and

(e) it is in the interests of justice to allow the dispute to proceed.

(3.2) Before making an order under subsection (3) allowing a dispute to proceed, a justice must be satisfied that

(a) through no fault of the defendant, he or she did not have an opportunity to dispute the allegation or the amount of the fine, and

(b) less than 30 days elapsed between the date the conviction first came to the attention of the defendant and the date the defendant made the application under subsection (3).

(6) A person to whom subsection (2) or (3) applies may not appeal to the appeal court from

(a) a conviction to which those subsections apply, or

(b) an order under those subsections.

7 Section 19 (4) is repealed and the following substituted:

(4) A justice who

(a) adjourns a proceeding under subsection (3) (a) or (b), or

(b) terminates a proceeding under section 31 (5) of the Provincial Court Act

is not seized of the matter to which the proceeding relates.

8 Section 52 (2) is amended by striking out "A justice" and substituting "A judge of the Provincial Court".

9 Section 53 is amended by striking out "Every justice" and substituting "Subject to section 2.1 of the Provincial Court Act, every justice".

10 The following section is added:

Prosecution by an enforcement officer

63.1 (1) An enforcement officer may appear as, and may exercise the powers and perform the functions of, a prosecutor in relation to a violation ticket under this Act whether or not he or she is a member of the Law Society of British Columbia.

(2) Section 15 (1) of the Legal Profession Act does not apply in respect of anything authorized under this section.

11 Section 66 (1) is amended by striking out "under an authorization made under section 31 (1) of the" and substituting "under the".

12 Section 132 (2) is amended

(a) by adding the following paragraph:

(a.2) prescribing a form for the purpose of section 15.4 (1); , and

(b) by repealing paragraph (d) and substituting the following:

(d) subject to subsections (3) and (4), prescribing, for the purposes of sections 14 and 16 (1), fines for a contravention of an enactment

(i) if paid on or before the 30th day, and

(ii) if paid after the 30th day

from the date of service under section 14 (5) or mailing under section 14 (6) of a violation ticket; .

 
Provincial Court Act

13 Section 1 of the Provincial Court Act, R.S.B.C. 1996, c. 379, is amended by adding the following definitions:

"pension plan rules" mean the rules of the Public Service Pension Plan;

"Public Service Pension Plan" means the Public Service Pension Plan continued under the Public Service Pension Plan Joint Trust Agreement;

"Public Service Pension Plan Joint Trust Agreement" means the agreement established under section 18 of Schedule C of the Public Sector Pension Plans Act.

14 Section 2 (4) is repealed.

15 The following section is added:

Exclusive jurisdiction of judge

2.1 In the Provincial Court of British Columbia, only a judge may

(a) commit for contempt of court,

(b) hear a matter for which notice under section 8 of the Constitutional Question Act is required,

(c) hear a matter that involves a determination of aboriginal or treaty rights or claims,

(d) hear a matter arising under the Canadian Charter of Rights and Freedoms for which notice under section 8 of the Constitutional Question Act is not required, and

(e) preside over the trial of a person charged with an offence for which, on conviction, the person is liable to be sentenced to a term of imprisonment.

16 Section 9.1 is amended

(a) in subsection (7) (b) by adding "this Act and" after "in accordance with", and

(b) in subsection (12) by striking out "made under the Public Service Pension Plan".

17 Sections 19 and 20 are repealed and the following substituted:

Application of Public Service Pension Plan to judges

19 (1) Subject to sections 9.1 and 19.1 to 19.8, the Public Service Pension Plan applies to every judge.

(2) The pension plan rules are subject to this section and to sections 9.1 and 19.1 to 19.8, and apply with the necessary changes and so far as they are applicable.

(3) If there is a conflict or inconsistency between sections 19.1 to 19.8 of this Act and the pension plan rules, sections 19.1 to 19.8 prevail.

(4) A decision of the plan administrative agent respecting the application of this section and of sections 9.1 and 19.1 to 19.8 of this Act and the pension plan rules may, by written notice, be appealed to the board in accordance with the practice and procedure for appeals to the board.

Definitions and interpretation

19.1 (1) In this section and sections 19.2 to 19.8:

"active member" means, except in section 19.8, a judge who, on or after January 1, 2001, is making, or is deemed to be making, contributions to the pension fund in respect of service as a judge, and includes a judge who is

(a) on a leave of absence approved by the chief judge,

(b) receiving a group disability plan benefit, or

(c) no longer required by this Act or the pension plan rules to contribute to the pension fund,

but does not include a judge who has ceased to hold office or who is receiving a pension benefit;

"ceases employment" means

(a) ceases to hold office and terminates employment, or

(b) reaches latest retirement age, in which case the member is deemed to have terminated employment for the purposes of the Public Service Pension Plan;

"judicial service" means pensionable service for which contributions to the pension fund have been made, or are deemed to have been made, in respect of service as a judge;

"pension fund" means the Public Service Pension Fund continued under the Public Service Pension Plan Joint Trust Agreement.

(2) The definitions in the pension plan rules, except where a contrary definition is set out in this Act, apply to this section and to sections 19 and 19.2 to 19.8.

Contributions to pension fund

19.2 (1) Instead of the contributions required by the pension plan rules,

(a) the government must deduct 7% from each payment of salary made to an active member and pay that amount to the pension fund, as a contribution from the member, and

(b) each time the government deducts and pays an active member's contributions in accordance with paragraph (a), the government must pay to the pension fund, as a contribution from the government, 22.2% of the active member's salary.

(2) An active member who stopped contributing before January 1, 2001 after reaching 35 years of pensionable service, determined in accordance with this Act and the pension plan rules as they both read on December 31, 2000, may, effective January 1, 2001, at the active member's option, resume making contributions in accordance with subsection (1) (a).

(3) If an active member referred to in subsection (2) resumes making contributions in accordance with subsection (1) (a), the government must resume making contributions in accordance with subsection (1) (b) or (6).

(4) Member contributions and government contributions under this section must stop on the earlier of

(a) the member reaching latest retirement age, and

(b) the member accruing the maximum pension referred to in section 19.5 (6), in which case the member is deemed to continue as an active member until the member ceases employment.

(5) Member contributions and government contributions under this section must be allocated to the pension fund accounts as determined by the board.

(6) Despite subsection (1) (b), if the board receives a recommendation by an actuary that a change in the amount of the government contribution is required to fund the pension benefits provided under this Act, the board may determine the amount of the government contribution.

Deferred pension benefit

19.3 (1) A member who

(a) was an active member,

(b) has completed 2 or more years of contributory service,

(c) ceases to hold office and terminates employment on or after January 1, 2001, and

(d) elects to receive a deferred pension

will receive a pension in accordance with this Act, on meeting the eligibility requirements of section 19.4 (1) or 19.6 (1).

(2) For greater certainty, an inactive member who

(a) ceased to hold office before January 1, 2001,

(b) was eligible to receive a deferred pension under the pension plan rules, and

(c) applies to receive the deferred pension

is entitled to receive that pension in accordance with this Act, as it read at the date of ceasing to hold office, and the pension plan rules, as they read at the date of terminating employment.

Eligibility for unreduced retirement benefit

19.4 (1) An active member, or a member referred to in section 19.3 (1), who, on or after January 1, 2001, ceases employment is, on application, entitled to an unreduced pension calculated under this Act if

(a) the member meets the criteria for an unreduced pension as specified in the pension plan rules, or

(b) the member has reached age 55 and has completed at least 5 years of contributory service.

(2) The payment of pension benefits must not be delayed beyond latest retirement age.

Calculation of unreduced retirement benefits

19.5 (1) For the purpose of calculating the amount of the pension to which a member referred to in section 19.4 (1) is entitled, the highest average salary is, subject to subsection (2), the average of 1/12 of the annual salary that the member received, or is deemed to have received, in each fiscal year

(a) during the 3 years of service in which the member received, or is deemed to have received, his or her highest salary before the date on which the member begins receiving a pension, or

(b) during the member's actual period of pensionable service, if the member's period of pensionable service is less than 3 years.

(2) A partial year may be combined as required with a portion of the salary of the lowest of the 3 years in order to calculate a highest annual salary for the combined year if

(a) a member does not cease employment at the end of a fiscal year, and

(b) if the annualized salary for that partial year is equal to or higher than the annual salaries received, or deemed to have been received, in each of the 3 full years of highest annual salary as determined under subsection (1),

and the combined year can be used in place of the lowest of the 3 years, but in no case can the total of the 2 portions exceed one year of salary.

(3) Subsections (1) and (2) apply to both judicial service and any other pensionable service that preceded the judicial service.

(4) Instead of the pension provided by the pension plan rules, a member referred to in section 19.4 (1) is entitled to receive an unreduced pension, payable in accordance with section 19.7, that is the sum of all of the following:

(a) 3% of the member's highest average salary multiplied by the number of years of judicial service accrued on and after January 1, 2001;

(b) 2.35% of the lesser of

(i) the member's highest average salary, and

(ii) 1/12 of the year's maximum pensionable earnings for the calendar year immediately before the calendar year of the effective date of the pension

multiplied by the number of years of judicial service accrued on and after January 1, 1966 and before January 1, 2001;

(c) 3% of the excess of the member's highest average salary over the amount determined under paragraph (b) (ii), multiplied by the number of years of judicial service accrued on and after January 1, 1966 and before January 1, 2001;

(d) an amount, payable until the earlier of the member reaching age 65 and the death of the member, that is 0.65% of the lesser of

(i) the member's highest average salary, and

(ii) 1/12 of the year's maximum pensionable earnings for the calendar year immediately before the calendar year of the effective date of the pension

multiplied by the number of years of judicial service accrued on and after January 1, 1966 and before January 1, 2001;

(e) 1.35% of the lesser of

(i) the member's highest average salary, and

(ii) 1/12 of the year's maximum pensionable earnings for the calendar year immediately before the calendar year of the effective date of the pension

multiplied by the number of years of pensionable service accrued on and after January 1, 1966 that are not judicial service;

(f) 2% of the excess of the member's highest average salary over the amount determined under paragraph (e) (ii), multiplied by the number of years of pensionable service accrued on and after January 1, 1966 that are not judicial service;

(g) an amount, payable until the earlier of the member reaching age 65 and the death of the member, that is 0.65% of the lesser of

(i) the member's highest average salary, and

(ii) 1/12 of the year's maximum pensionable earnings for the calendar year immediately before the calendar year of the effective date of the pension

multiplied by the number of years of pensionable service accrued on and after January 1, 1966 that are not judicial service;

(h) 2% of the member's highest average salary multiplied by the number of years of pensionable service accrued before January 1, 1966 that are not judicial service.

(5) Despite subsection (4), in the case of an active member who, on or after January 1, 2001 but before March 1, 2002, ceases employment, the percentage in

(a) subsection (4) (b) is deemed to be 2.3%,

(b) subsection (4) (d) is deemed to be 0.7%,

(c) subsection (4) (e) is deemed to be 1.3%, and

(d) subsection (4) (g) is deemed to be 0.7%.

(6) The pension determined under this section must not exceed 70% of the member's highest average salary.

Eligibility for and calculation of reduced retirement benefits

19.6 (1) An active member, or a member referred to in section 19.3 (1), who, on or after January 1, 2001, ceases employment is, on application, entitled to a reduced pension if the member meets the criteria for a reduced pension as specified in the pension plan rules.

(2) A member entitled to a reduced pension under subsection (1) is entitled to receive a pension calculated in accordance with section 19.5 but reduced by 5% as follows:

(a) if the member has 2 or more years of contributory service, for each year of age by which the member's age is less than age 60, and the percentage must be prorated by fractions of years;

(b) if the member has reached age 60 while an active member and has less than 2 years of contributory service, for each year of age by which the member's age is less than age 65, and the percentage must be prorated by fractions of years.

Pension plan options at retirement

19.7 (1) Instead of the pension options provided by the pension plan rules, a pension

(a) to which a member is entitled under section 19.4 (1) or 19.6 (1), and

(b) that is calculated under section 19.5 or 19.6 (2)

must be paid in accordance with this section.

(2) If the member does not have a spouse at the time the payment of the pension begins, the pension to which the member is entitled is a single life guaranteed, payable for the longer of

(a) the life of the member, and

(b) a term of 10 years.

(3) Despite subsection (2), a member who is entitled to a pension payable in accordance with subsection (2) may elect to be paid his or her pension as a single life guaranteed, payable for the longer of

(a) the life of the member, and

(b) a term of 15 years,

but the amount of the pension must be adjusted to the actuarial equivalent of the pension otherwise payable in accordance with subsection (2).

(4) Subject to subsections (5) to (7), if the member has a spouse at the time the payment of the pension begins, the pension to which the member is entitled is a joint life and last survivor, payable for

(a) the life of the member, and

(b) the life of the surviving spouse,

but the pension payable to the surviving spouse is reduced, on the death of the member, to 60% of the pension to which the member was entitled.

(5) If the spouse waives, in writing by completion of a form specified by the plan administrative agent, the entitlement that the pension be paid on the joint life and last survivor basis as provided under subsection (4), or there is filed with the plan administrative agent a written agreement or court order made under Part 5 or 6 of the Family Relations Act with the same effect, the pension to which the member is entitled is payable in accordance with subsection (2).

(6) If the spouse

(a) was the spouse of the member at the time the member ceased to hold office, and

(b) is more than 10 years younger than the member,

the amount of the pension payable in accordance with subsection (4) must be adjusted to the actuarial equivalent of the pension otherwise payable if the spouse were 10 years younger than the member.

(7) If the spouse was not the spouse of the member on the date the member ceased to hold office, the amount of the pension payable on the joint life and last survivor basis as provided under subsection (4) must be adjusted to the actuarial equivalent of the pension otherwise payable in accordance with subsection (2).

(8) Despite subsection (4), a member may elect to have his or her pension paid as a joint life and last survivor, payable for

(a) the life of the member, and

(b) the life of the surviving spouse, without reduction on the death of the member,

but the amount of the pension must be adjusted to be the actuarial equivalent of the pension otherwise payable in accordance with subsection (4).

(9) If payment of a pension payable in accordance with subsection (4) or (8) ceases, the last survivor's personal representative must be paid any amount by which the refund value of the member contributions exceeds the total of the pension payments made.

Recognition of service

19.8 If an active member applies, after January 1, 2001, to have judicial service recognized in accordance with the provisions of the pension plan rules respecting the purchase of service, reinstatement, arrears and leaves of absence, the references to the employee and employer contribution rates in the pension plan rules must be read as references to the contribution rates specified in this Act when calculating the cost of the purchase.

18 Section 31 is amended

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

(1) Subject to section 2.1, if a justice is hearing

(a) a case or matter, or

(b) a case or matter within a class of cases or matters

for which the justice is designated to act by the chief judge under section 11 (1), the justice may exercise all the powers and jurisdiction of the court under an enactment respecting the case or matter. , and

(b) by adding the following subsections:

(3) If, in the course of a hearing before a justice, the justice cites a person for contempt of court, the justice must issue a summons referred to in section 27 of the Offence Act in respect of the citation as if it were a charge in respect of an offence and refer the citation to a judge for determination.

(4) If, in the course of a hearing before a justice on an information or claim, a matter arises that is, under section 2.1 (b) to (d), within the exclusive jurisdiction of a judge, the justice must terminate the hearing and refer the information, claim or application to be heard as a new trial by a judge.

(5) If a matter is assigned to be heard by a justice, before the commencement of the hearing, a party to the matter may apply to a judge for an order that the matter be heard by a judge.

(6) In making an order under subsection (5), the judge must consider the factors the judge considers relevant including, without limitation, the following factors:

(a) the complexity of the factual and legal issues involved in the matter;

(b) the proposed length of the trial of the matter;

(c) the severity of the potential outcomes or consequences of the matter;

(d) the public interest in the outcome of the matter.

 
Sheriff Act

19 The Sheriff Act, R.S.B.C. 1996, c. 425, is amended by adding the following section:

Court security

6.1 (1) In this section:

"court" means

(a) the Court of Appeal,

(b) the Supreme Court,

(c) the Provincial Court, or

(d) any other entity designated as a court by regulation;

"court facility" means any building in which a court is located or, if a court is located in a building and the regulations designate only a part of that building as a court facility, the designated part of the building;

"restricted zone" means a part of a court facility designated by the regulations as a restricted zone;

"screen" means search in any prescribed manner or by using any prescribed methods;

"weapon" means a firearm as defined in the Criminal Code and includes anything else that could be used to

(a) cause death or serious bodily harm to a person, or

(b) threaten or intimidate a person.

(2) No person may possess a weapon in a court facility unless authorized to do so by the regulations or by a sheriff.

(3) A sheriff may do one or more of the following:

(a) screen a person for weapons before the person enters a court facility or at any time while the person is inside the court facility;

(b) for the purposes of paragraph (a), require a person inside a court facility to move to another place inside the court facility in order to be screened;

(c) seize any weapon in the possession of a person who is in, or is attempting to enter, a court facility;

(d) evict a person from a restricted zone if the person is not authorized by the regulations to enter that restricted zone.

(4) In addition to his or her powers under subsection (3), a sheriff may refuse a person entry to, or evict a person from, a court facility if

(a) the person refuses to be screened for weapons,

(b) the person refuses to comply with a direction of a sheriff made under subsection (3) (b),

(c) the person is in possession of a weapon and refuses to comply with the sheriff's request to relinquish the weapon to the sheriff, or

(d) the sheriff has reason to believe that the person is

(i) a threat to the safety of the court facility or to the health or safety of any of its occupants, or

(ii) disrupting court proceedings.

(5) A sheriff may use reasonable force in

(a) refusing a person entry to a court facility or a restricted zone,

(b) evicting a person from a court facility or a restricted zone, or

(c) seizing a weapon from a person who is in, or is attempting to enter, a court facility.

(6) Nothing in this section limits or replaces the power of a judge, master or other judicial officer to control court proceedings.

(7) Nothing in this section affects any right of a judge, master or other judicial officer to have unimpeded access to any part of a court facility.

20 Section 14 is renumbered as section 14 (1) and the following subsection is added:

(2) Without limiting subsection (1), the minister may, for the purposes of section 6.1, make the following regulations:

(a) designating any entity as a court;

(b) permanently or temporarily designating parts of buildings as court facilities;

(c) authorizing persons or classes of persons to possess weapons in court facilities;

(d) prescribing one or more manners or methods by which sheriffs may screen persons for weapons;

(e) designating parts of court facilities as restricted zones;

(f) authorizing persons or members of classes of persons to enter restricted zones, with power to prescribe different restricted zones that different persons or members of different classes of persons may enter.

 
Supreme Court Act

21 Section 8 (4) of the Supreme Court Act, R.S.B.C. 1996, c. 443, is repealed.

Transitional -- latest retirement age

22 A judge who reached latest retirement age on December 31, 2000 but continued to hold office after December 31, 2000 is entitled to pension benefits determined in accordance with the Provincial Court Act, as amended by this Act, as if the judge was an active member on January 1, 2001.

Commencement

23 (1) Sections 3 to 12, 14, 15 and 18 come into force by regulation of the Lieutenant Governor in Council.

(2) Sections 13, 16 and 17 are deemed to have come into force on January 1, 2001 and are retroactive to the extent necessary to give them effect on and after that date.