Section 1 (1) definition of "lawyer" was added by 2009-22-53, effective October 29, 2009 (Royal Assent).
Section 1 (1) definition of "commission" BEFORE amended by 2015-6-18, effective December 18, 2015 (BC Reg 251/2015).
"commission" means the Judges Compensation Commission formed under section 2 or the Judicial Justices Compensation Commission formed under section 3;
Section 2 BEFORE amended by 2009-22-54, effective October 29, 2009 (Royal Assent).
Judges Compensation Commission
2 (1) On or before March 1, 2004 and on or before March 1 in every third year after that, 3 individuals must be appointed, in accordance with subsection (2), to form the Judges Compensation Commission.
(2) The individuals forming the Judges Compensation Commission must be appointed as follows:
(a) the minister must appoint one individual;
(b) the chief judge, after consulting with the Provincial Court Judges' Association of British Columbia, must appoint one individual;
(c) the individuals appointed under paragraphs (a) and (b) must appoint one other individual to the commission to chair that commission.
Section 2 (1), (2) and (2) (b) BEFORE amended by 2015-6-20, effective December 18, 2015 (BC Reg 251/2015).
(1) On or before March 1, 2010 and on or before March 1 in every third year after that, 5 individuals must be appointed, in accordance with subsection (2), to form the Judges Compensation Commission.
(2) The individuals forming the Judges Compensation Commission must be appointed as follows:
(b) the chief judge, after consulting with the Provincial Court Judges' Association of British Columbia, must appoint 2 individuals;
Section 2 (1) BEFORE amended by 2021-34-3, effective November 25, 2021 (Royal Assent).
(1) On or before March 1, 2016 and on or before March 1 in every 3rd year after that, 5 individuals must be appointed, in accordance with subsection (2), to form the Judicial Compensation Commission.
Section 3 BEFORE amended by 2009-22-54, effective October 29, 2009 (Royal Assent).
Judicial Justices Compensation Commission
3 (1) On or before March 1, 2004 and on or before March 1 in every third year after that, 3 individuals must be appointed, in accordance with subsection (2), to form the Judicial Justices Compensation Commission.
(2) The individuals forming the Judicial Justices Compensation Commission must be appointed as follows:
(a) the minister must appoint one individual;
(b) the chief judge, after consulting with the Judicial Justices Association of British Columbia, must appoint one individual;
(c) the individuals appointed under paragraphs (a) and (b) must appoint one other individual to the commission to chair that commission.
Section 3 BEFORE repealed by 2015-6-21, effective December 18, 2015 (BC Reg 251/2015).
Judicial Justices Compensation Commission
3 (1) On or before March 1, 2010 and on or before March 1 in every third year after that, 5 individuals must be appointed, in accordance with subsection (2), to form the Judicial Justices Compensation Commission.
(2) The individuals forming the Judicial Justices Compensation Commission must be appointed as follows:
(a) the minister must appoint 2 individuals;
(b) the chief judge, after consulting with the Judicial Justices Association of British Columbia, must appoint 2 individuals;
(c) the individuals appointed under paragraphs (a) and (b) must appoint one other individual to the commission to chair that commission.
Section 4 BEFORE amended by 2009-22-54, effective October 29, 2009 (Royal Assent).
Commission members
4 (1) If there is a vacancy on a commission, an individual must be appointed in the same manner as the individual who vacated the position was appointed.
(2) An individual appointed to a commission may be reappointed to a subsequent commission.
(3) None of the individuals appointed to a commission may be a judge or judicial justice, a retired judge or judicial justice or a person employed in the public service or by a Crown corporation.
(4) The members of a commission must be reimbursed for travelling expenses reasonably and necessarily incurred in the discharge of their duties, and, in addition, may be paid remuneration specified by the Lieutenant Governor in Council.
Section 4 (1), (3) and (4) BEFORE amended by 2015-6-22, effective December 18, 2015 (BC Reg 251/2015).
(1) If there is a vacancy on a commission, an individual must be appointed in the same manner as the individual who vacated the position was appointed, and the appointment is subject to the exclusions specified under subsections (3) and (3.1).
(3) The following may not be appointed to a commission:
(4) The members of a commission must be reimbursed for travelling expenses reasonably and necessarily incurred in the discharge of their duties, and, in addition, may be paid remuneration specified by the Lieutenant Governor in Council.
Section 4 (2) and (3.1) BEFORE amended by 2015-6-23, effective December 18, 2015 (BC Reg 251/2015).
(2) An individual appointed to a commission may be reappointed to a subsequent commission.
(3.1) At least one of the individuals appointed under each of sections 2 (2) (a) and (b) and 3 (2) (a) and (b) must be someone who is not a lawyer.
Section 5 (1), (3) and (5) BEFORE amended by 2015-6-24, effective December 18, 2015 (BC Reg 251/2015).
(1) Not later than September 1 following its formation, a commission must, in a preliminary report to the minister and chief judge,
(a) report on all matters respecting the remuneration, allowances and benefits of judges or judicial justices, and
(b) make recommendations with respect to those matters for each of the next 3 fiscal years.
(3) If an application is made under subsection (2), the commission must make a final report to the minister not later than September 30 following its formation.
(5) In preparing a report, a commission must consider all of the following:
(a) the current financial position of the government;
(b) the need to provide reasonable compensation to the judges or judicial justices;
(c) the need to maintain a strong court by attracting qualified applicants;
Section 5 (1) (b) BEFORE amended by 2021-34-4, effective November 25, 2021 (Royal Assent).
(b) make recommendations with respect to those matters for each of the next 3 fiscal years.
Section 5 (5) (part) BEFORE amended by 2021-34-4, effective November 25, 2021 (Royal Assent).
(5) In preparing a report, the commission must be guided by the need to provide reasonable compensation for judges and judicial justices in British Columbia over the 3 fiscal years that are the subject of the report, taking into account all of the following:
Section 5 (5) (f) BEFORE amended by 2021-34-4, effective November 25, 2021 (Royal Assent).
(f) the current and expected financial position of the government over the 3 fiscal years that are the subject of the report.
Section 6 (1) (a) and (b)) BEFORE amended by 2012-6-6, effective March 29, 2012 (Royal Assent).
(a) if the Legislative Assembly is sitting at the date the minister receives the report, within 7 days after the date the minister receives the report,
(b) if the Legislative Assembly is not then sitting, within 7 days after the opening of the next session, or
Section 6 (2) and (5) BEFORE amended by 2012-6-6, effective March 29, 2012 (Royal Assent).
(2) The Legislative Assembly may, by a resolution passed within 28 days after the date on which a report is laid before the Legislative Assembly under subsection (1),
(5) If the 28 days specified in subsection (2) end after April 1 of the year for which the recommendations in the report, subject to subsection (2), were to apply, the recommendation applicable under subsection (3) or the resolution applicable under subsection (4) is retroactive to the extent necessary to give effect to the recommendation or resolution on April 1 of that year.
Section 6 (1) (c) BEFORE repealed by 2012-6-6, effective March 29, 2012 (Royal Assent).
(c) if the Legislative Assembly ceases to sit within 28 days after the date on which the report was laid before the Legislative Assembly and the Legislative Assembly has not passed a resolution under subsection (2), within 7 days after the opening of the next session.
Section 6 (1) BEFORE amended by 2015-6-22, effective December 18, 2015 (BC Reg 251/2015).
(1) The minister must lay the final report of a commission before the Legislative Assembly, and must advise the Legislative Assembly about the effect of subsection (3),
Section 6 (2) (a) BEFORE amended by 2015-6-24, effective December 18, 2015 (BC Reg 251/2015).
(a) reject one or more of the recommendations made in the report as being unfair or unreasonable, and
Section 6 (3) and (4) BEFORE amended by 2015-6-24, effective December 18, 2015 (BC Reg 251/2015).
(3) If a recommendation is not rejected by the Legislative Assembly within the time limited by subsection (2), the judges or judicial justices are entitled to receive the remuneration, allowances and benefits proposed by that recommendation beginning on April 1 of the year following the year referred to in, or applicable under, section 2 (1) or 3 (1).
(4) If the Legislative Assembly does resolve to reject a recommendation under subsection (2) (a), the judges or judicial justices are, in respect of that recommendation, entitled to receive the remuneration, allowances and benefits set by the resolution under subsection (2) (b) beginning on April 1 of the year following the year referred to in, or applicable under, section 2 (1) or 3 (1).
Section 6 (1) (a) BEFORE amended by 2021-34-6, effective November 25, 2021 (Royal Assent).
(a) within 7 sitting days of the Legislative Assembly after the date on which the minister receives the report, and
Section 8 (1) BEFORE amended by 2012-6-7, effective March 29, 2012 (Royal Assent).
(1) Subject to subsection (2), a judge must be paid, out of the consolidated revenue fund, a salary
Section 8 (2), (2.1) and (3) BEFORE amended by 2013-7-13, effective April 11, 2013 (BC Reg 151/2013).
(2) A part time judge's salary in any year
(a) must not exceed 40% of the salary of a full time judge, and
(b) must not exceed the difference between the salary to which a full time judge is entitled for that year and the part time judge's pension for that year.
(2.1) The limits imposed under subsection (2) on a part time judge's salary may be exceeded, by an amount no greater than 20 % of the maximum permitted under that subsection, if
(a) the chief judge authorizes the part time judge to sit in excess of that part time judge's scheduled sittings for the year, and
(b) the extra sittings are necessary, in the chief judge's opinion, to meet urgent and unforeseen needs of the court, including needs arising from the illness or injury of another judge.
(3) For the purpose of calculating a part time judge's salary under this section, the chief judge may require the judge to give written notice of
(a) the normal form of the judge's pension calculated before any election of pension options and before any pension division or deduction from the pension, and
(b) any adjustments or changes to the pension the judge receives.
Section 8 (1) BEFORE amended by 2021-34-7, effective November 25, 2021 (Royal Assent).
(1) Subject to subsections (2) and (2.1), a judge must be paid, out of the consolidated revenue fund, a salary
(a) recommended by a report laid before the Legislative Assembly under section 6 (1), or
(b) if a resolution is passed by the Legislative Assembly under section 6 (2), set by the resolution.
Section 9 (part) BEFORE re-numbered by 2008-42-22(a), effective April 1, 2008 [retro from May 29, 2008 (Royal Assent)].
Section 9 (1) BEFORE amended by 2008-42-22(b), effective April 1, 2008 [retro from May 29, 2008 (Royal Assent)].
(1) A judicial justice must be paid, out of the consolidated revenue fund, a salary
Section 9 (2) was added by 2008-42-22(c), effective April 1, 2008 [retro from May 29, 2008 (Royal Assent)].
Section 9 BEFORE amended by 2021-34-7, effective November 25, 2021 (Royal Assent).
Remuneration of judicial justices
9 (1) A full time judicial justice must be paid, out of the consolidated revenue fund, a salary
(a) recommended by a report laid before the Legislative Assembly under section 6 (1), or
(b) if a resolution is passed by the Legislative Assembly under section 6 (2), set by the resolution.
(2) A part time judicial justice must be paid, out of the consolidated revenue fund, a per diem rate
(a) recommended by a report laid before the Legislative Assembly under section 6 (1), or
(b) if a resolution is passed by the Legislative Assembly under section 6 (2), set by the resolution.
Section 11 BEFORE amended by 2008-42-23, effective April 1, 2008 [retro from May 29, 2008 (Royal Assent)].
Section 12 BEFORE amended by 2008-42-24, effective April 1, 2008 [retro from May 29, 2008 (Royal Assent)].
Leave of absence
12 (1) The chief judge may in special circumstances grant a judge or judicial justice leave of absence from duties for more than the maximum annual vacation to which the judge or judicial justice is entitled, at a salary, if any, that the chief judge determines.
(2) If the chief judge believes that a judge or judicial justice who has not been granted a leave of absence under subsection (1) has been absent for more than the maximum annual vacation to which the judge or judicial justice is entitled, the chief judge must report the absence to the minister.
Section 13 BEFORE amended by 2008-42-25, effective April 1, 2008 [retro from May 29, 2008 (Royal Assent)].
Section 15 BEFORE amended by 2008-42-26, effective April 1, 2008 [retro from May 29, 2008 (Royal Assent)].
Application of Public Service Pension Plan to judicial justices
15 The Public Service Pension Plan applies to a judicial justice on the judicial justice delivering to the Public Service Pension Board of Trustees notice of that judicial justice's election to have the plan apply to that judicial justice.
Section 16 (1) definitions of "actuary" and "board" were added by 2008-42-27, effective April 1, 2008 [retro from May 29, 2008 (Royal Assent)].
Section 16 (1) definition of "ceases employment" BEFORE repealed by 2015-6-27, effective December 18, 2015 (BC Reg 251/2015).
"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;
Section 16 (1) definition of "latest retirement age" was added by 2015-6-27, effective December 18, 2015 (BC Reg 251/2015).
Section 18 (1) BEFORE amended by 2008-42-28(a), effective April 1, 2008 [retro from May 29, 2008 (Royal Assent)].
(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.
Section 18 (1.1) and (1.2) were added by 2008-42-28(a), effective April 1, 2008 [retro from May 29, 2008 (Royal Assent)].
Section 18 (2) BEFORE amended by 2008-42-28(b), effective April 1, 2008 [retro from May 29, 2008 (Royal Assent)].
(2) An active member who stopped contributing before January 1, 2001 after reaching 35 years of pensionable service, determined in accordance with the Provincial Court 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).
Section 18 (3) BEFORE amended by 2008-42-28(c), effective April 1, 2008 [retro from May 29, 2008 (Royal Assent)].
(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).
Section 18 (6) BEFORE amended by 2008-42-28(d), effective April 1, 2008 [retro from May 29, 2008 (Royal Assent)].
(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.
Section 18.1 was enacted by 2019-36-2, effective April 1, 2017 [retro from October 31, 2019 (Royal Assent)].
Section 18.2 was enacted by 2019-36-2, effective April 1, 2017 [retro from October 31, 2019 (Royal Assent)].
Section 19 (1) (b) BEFORE repealed by 2019-36-3, effective September 30, 2015 [retro from October 31, 2019 (Royal Assent)].
Section 21 (1) (a) BEFORE amended by 2023-10-385, effective March 30, 2023 (Royal Assent).
(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
Section 22 (2) (b) BEFORE amended by 2019-36-4, effective September 30, 2015 [retro from October 31, 2019 (Royal Assent)].
(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.
Section 23 (5) BEFORE amended by 2011-25-387, effective March 18, 2013 (BC Reg 131/2012).
(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).
Section 23 (3) (part) and (8) (part) BEFORE amended by 2023-10-385, effective March 30, 2023 (Royal Assent).
(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
(8) Despite subsection (4), a member may elect to have his or her pension paid as a joint life and last survivor, payable for
Section 25 BEFORE amended by 2013-7-14, effective April 11, 2013 (BC Reg 151/2013).
Part time judges
25 (1) Despite section 18, a part time judge is not entitled to make contributions or have contributions made on his or her behalf to the Public Service Pension Plan in respect of service as a part time judge.
(2) A part time judge is, on the date that the judge's full time service ceases, entitled to receive his or her pension under the Public Service Pension Plan in accordance with this Part and the pension plan rules, and the cessation of full time service is deemed to be a termination of the judge's employment but only for the purposes of those pension plan rules.
(3) Service as a part time judge does not, for any purpose, count as contributory service or pensionable service.
Section 25 (1) and (2) BEFORE amended by 2023-10-386, effective March 30, 2023 (Royal Assent).
(1) Despite section 18, a senior judge is not entitled to make contributions or have contributions made on his or her behalf to the Public Service Pension Plan in respect of service as a senior judge.
(2) A senior judge is, on the date that the judge's full time service ceases, entitled to receive his or her pension under the Public Service Pension Plan in accordance with this Part and the pension plan rules, and the cessation of full time service is deemed to be a termination of the judge's employment but only for the purposes of those pension plan rules.
Section 26 BEFORE repealed by 2008-42-29, effective April 1, 2008 [retro from May 29, 2008 (Royal Assent)].
Transitional — commissions
26 (1) Despite section 6 (3) and (4), in respect of a recommendation of the commission formed on or before March 1, 2004, the judges are entitled to receive the remuneration, allowances and benefits
(a) proposed by the recommendation, or
(b) if the Legislative Assembly resolves to reject that recommendation, set by the resolution under section 6 (2) (b)
beginning on January 1, 2004.
(2) Despite section 6 (3) and (4), in respect of a recommendation of the commission formed on or before March 1, 2004, the judicial justices are entitled to receive the remuneration, allowances and benefits
(a) proposed by the recommendation, or
(b) if the Legislative Assembly resolves to reject that recommendation, set by the resolution under section 6 (2) (b)
beginning on January 1, 2005.
Section 27 BEFORE amended by 2008-42-30, effective April 1, 2008 [retro from May 29, 2008 (Royal Assent)].