Section 8 (a) BEFORE amended by BC Reg 27/2013 under RS1996-238-11, effective January 30, 2013 (BC Reg 27/2013).
(a) must be served on the Attorney General at the Ministry of the Attorney General in the City of Victoria, and
Section 8 (a) BEFORE amended by BC Reg 99/2018 under RS1996-238-11, effective May 18, 2018 (BC Reg 99/2018).
(a) must be served on the Attorney General at the Ministry of Justice in the City of Victoria, and
Section 9 (1) BEFORE amended by 2004-65-3, effective September 1, 2005 (BC Reg 179/2005).
(1) In proceedings against the government and proceedings in which the government is a party, the rules of the court in which the proceedings are pending as to discovery and inspection of documents, examination for discovery and interrogatories apply as if the government were a corporation.
Section 10 (2) BEFORE amended by 2010-6-44, effective July 1, 2010.
(2) Subject to this Act, the interpleader provisions in the rules of court apply to the proceedings.
Section 11 (2), (4) and (6) BEFORE amended by 2019-40-10, effective April 21, 1997 [retro from November 28, 2019 (Royal Assent)].
(2) If, in proceedings against the government, relief is sought that might, in proceedings between persons, be granted by way of injunction or specific performance, the court
(a) must not grant an injunction or make an order for specific performance against the government;
(b) may make an order declaring the rights of the parties instead of an injunction or an order for specific performance.
(4) In a proceeding, the court
(a) must not grant an injunction or make an order against an officer of the government if the effect of granting the injunction or making the order would be to give relief against the government that could not have been obtained in proceedings against the government;
(b) may make an order declaring the rights of the parties instead of granting the injunction or making the order.
(6) In proceedings against the government in which the recovery of land or other property is claimed, the court
(a) must not make an order for the recovery of the land or the delivery of the property;
(b) may, instead, make an order declaring that the claimant is entitled, as against the government, to land or property or to possession of it.
Section 13 (4) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(4) If the order provides for the payment of money by way of damages or otherwise, or of costs, the certificate must state the amount payable, and the Minister of Finance and Corporate Relations must, subject to this Act, pay out of the consolidated revenue fund to the person entitled, or to the person's order, the amount appearing by the certificate to be due, together with the interest, if any, lawfully due.
Section 14 (1), (2) and (4) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
14 (1) If a claim is made against the government and the Attorney General certifies, either before or after proceedings authorized by this Act have been commenced, that
(a) the Attorney General considers that the claim, if pursued, could result in an order referred to in section 13 (4) for the payment of money by the government, and
(b) it is in the public interest to settle the claim in an amount set out in the certificate,
the Minister of Finance and Corporate Relations must pay that amount to the person making the claim.
(2) If a proceeding authorized by this Act has been commenced and the Attorney General certifies that it is in the public interest to make payment into court, the Minister of Finance and Corporate Relations must pay into court the amount set out in the certificate.
(4) Money paid by the Minister of Finance and Corporate Relations under this section must be paid out of the consolidated revenue fund.
Section 15 (1) and (2) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
15 (1) The Comptroller General must in each fiscal year prepare for the Minister of Finance and Corporate Relations a statement recording for the preceding fiscal year all of the following:
(a) each certificate served under section 13;
(b) each certificate issued under section 14;
(c) the money paid out in respect of those certificates.
(2) On receipt of a statement under subsection (1), the Minister of Finance and Corporate Relations must annually, as soon as practicable, lay it before the Legislative Assembly.
Section 15 BEFORE amended by 2004-23-7, effective April 1, 2004 [retro from April 29, 2004 (Royal Assent)].
15 (1) The Comptroller General must in each fiscal year prepare for the Minister of Finance a statement recording for the preceding fiscal year all of the following:
(a) each certificate served under section 13;
(b) each certificate issued under section 14;
(c) the money paid out in respect of those certificates.
(2) On receipt of a statement under subsection (1), the Minister of Finance must annually, as soon as practicable, lay it before the Legislative Assembly.
Section 15 BEFORE re-enacted by 2018-5-1, effective May 17, 2018 (Royal Assent).
Statement for Legislature
15 (1) The Comptroller General must in each fiscal year prepare for the Attorney General a statement recording for the preceding fiscal year all of the following:
(a) each certificate served under section 13;
(b) each certificate issued under section 14;
(c) the money paid out in respect of those certificates.
(2) On receipt of a statement under subsection (1), the Attorney General must annually, as soon as practicable, lay it before the Legislative Assembly.