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“Point in Time” Act and Supplement Content

JURY ACT

[RSBC 1996] CHAPTER 242

NOTE: Links below go to act  and supplement content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
3January 1, 2005
 January 1, 2005
 January 1, 2005
 March 1, 2009
 March 29, 2012
 March 29, 2012
 May 14, 2015
 June 17, 2021
3.1March 29, 2012
9March 29, 2012
11March 29, 2012
 March 30, 2023
17July 1, 2010
18March 29, 2012
21June 1, 2007
24March 29, 2012
 March 29, 2012
 March 4, 2015
[retro from March 25, 2015]
26March 29, 2012
27March 29, 2012
28March 29, 2012
34January 1, 2005
 March 29, 2012
 March 4, 2015
[retro from March 25, 2015]
SupplementMay 18, 2006

  Section 3 (g) and (h) BEFORE repealed by 2004-23-22(a), effective January 1, 2005 (BC Reg 434/2004).

(g) an employee of the Department of Justice or of the Solicitor General of Canada,

(h) an employee of the Ministry of Attorney General of British Columbia,

  Section 3 (n) BEFORE amended by 2004-23-22(b), effective January 1, 2005 (BC Reg 434/2004).

(n) a warden, correctional officer or person employed in a penitentiary, prison or correctional institution,

  Section 3 (r) was added by 2004-23-22(c), effective January 1, 2005 (BC Reg 434/2004).

  Section 3 (2) BEFORE amended by 2008-57-51, effective March 1, 2009 (BC Reg 420/2008).

(2)  An officer or person regularly employed in the collection, management or accounting of revenue under the Financial Administration Act, or a person registered under the Chiropractors Act or the Dentists Act or registered as a naturopathic physician under the Health Professions Act is exempt, if the person so desires, from serving on a jury.

  Section 3 (1 )(p) and (q) BEFORE amended by 2012-6-8(a), effective March 29, 2012 (Royal Assent).

(p) a person convicted within the previous 5 years of an offence for which the punishment could be a fine of more than $2 000 or imprisonment for one year or more, unless the person has been pardoned,

(q) under a charge for an offence for which the punishment could be a fine of more than $2 000 or imprisonment for one year or more, or

  Section 3 (2) BEFORE repealed by 2012-6-8(b), effective March 29, 2012 (Royal Assent).

(2)  An officer or person regularly employed in the collection, management or accounting of revenue under the Financial Administration Act, or a person authorized under an enactment to practise as a dentist, chiropractor or naturopathic physician in British Columbia is exempt, if the person so desires, from serving on a jury.

  Section 3 (1) (p) BEFORE amended by 2015-18-323, effective May 14, 2015 (Royal Assent).

(p) a person convicted of an offence under the Criminal Code or the Controlled Drugs and Substances Act (Canada) for whom a record suspension has not been granted under the Criminal Records Act (Canada),

  Section 3 (1) (p) and (q) BEFORE amended by 2021-15-59, effective June 17, 2021 (Royal Assent).

(p) a person convicted of an offence under the Criminal Code or the Controlled Drugs and Substances Act (Canada) unless a pardon was granted or issued, or a record suspension was ordered, under the Criminal Records Act (Canada) and the pardon or record suspension, as the case may be, has not been revoked or ceased to have effect,

(q) currently charged with an offence under the Criminal Code or the Controlled Drugs and Substances Act (Canada), or

  Section 3.1 was enacted by 2012-6-9, effective March 29, 2012 (Royal Assent).

  Section 9 BEFORE repealed by 2012-6-10, effective March 29, 2012 (Royal Assent).

 Jurisdiction of sheriff

9  A sheriff whose jurisdiction extends over a portion only of a county has jurisdiction over the whole county for the purposes of this Act.

  Section 11 BEFORE re-enacted by 2012-6-11, effective March 29, 2012 (Royal Assent).

 Summoning of jurors

11  (1)  At least 15 days before the day on which a juror is required to attend, the sheriff must summon the juror by

(a) delivering a notice to the juror,

(b) in case of the juror's absence from the juror's usual residence or place of business, by leaving a notice for the juror with some person residing or employed there who appears to be at least of the age of 16 years, or

(c) in any case, by mailing a notice to the last known address of the juror.

(2)  The notice must be in writing, be signed by the sheriff and contain the particulars of the time and date of the sitting the juror is required to attend.

(3)  If it appears that a person empanelled to serve on the jury is dead or has moved out of the county or is disqualified, the sheriff may add an additional name to the panel.

(4)  If it appears that a person empanelled to serve on a jury is absent or cannot be served within the time set out in subsection (1), the sheriff may, at any time before the sittings, empanel an additional person and serve the person as provided in subsection (1).

(5)  At any time before or during a sitting the sheriff may, if he or she considers it necessary, apply to the court for an order directing the sheriff or any other officer of the court to return an additional number of jurors on giving notice that the court directs.

  Section 11 (7) BEFORE amended by 2023-10-387, effective March 30, 2023 (Royal Assent).

(7) At any time before or during a sitting, the sheriff may, if he or she considers it necessary, apply to the court for an order directing the sheriff or any other officer of the court to return an additional number of jurors on giving notice that the court directs.

  Section 17 (1) (b) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.

(b) any additional fees prescribed by this Act or the Rules of Court for expenses of a jury and attendance of the sheriff or sheriff's officers.

  Section 18 (1) and (4) BEFORE amended by 2012-6-12, effective March 29, 2012 (Royal Assent).

(1)  A party requiring a jury must leave, at the office of the sheriff, not less than 30 days' notice of the day, time and place set for the trial.

(4)  Section 11 (1) and (2) applies for the purpose of summoning a juror under this section.

  Section 21 (5) BEFORE amended by 2003-94-43,Sch, effective June 1, 2007 (BC Reg 166/2006).

(5)  For the purposes of this section, a person who asserts third party status under the Insurance Act or the Insurance (Motor Vehicle) Act is deemed to be a party on the same side as the insured.

  Section 24 (2) BEFORE repealed by 2012-6-13(a), effective March 29, 2012 (Royal Assent).

(2)  A person serving on a jury panel but not selected to sit as a juror is entitled to receive

(a) an allowance for necessary and reasonable expenses, and

(b) a prescribed fee for each day that the person is required to attend at a sitting.

  Section 24 (3) was added by 2012-6-13(b), effective March 29, 2012 (Royal Assent).

  Section 24 (1) BEFORE amended by 2015-6-28, effective March 4, 2015 (day after First Reading) [retro from March 25, 2015 (Royal Assent)].

(1) A person sitting as a juror at a trial is entitled to be paid

(a) an allowance for necessary and reasonable expenses, and

(b) a prescribed fee for each day that the person is required to attend at a sitting or a trial.

  Section 26 BEFORE repealed by 2012-6-14, effective March 29, 2012 (Royal Assent).

 Sheriff to make pay list for jurors

26  A sheriff must make a pay list in the form prescribed by the Attorney General for the jurors summoned to attend a sitting or a trial.

  Section 27 BEFORE repealed by 2012-6-14, effective March 29, 2012 (Royal Assent).

 Registrar to pay jurors

27  The pay list indicating the number of days of attendance of each juror, checked and certified by the sheriff, is sufficient authority to pay each juror the sum to which the juror is entitled as certified by the list.

  Section 28 BEFORE repealed by 2012-6-14, effective March 29, 2012 (Royal Assent).

 Roll call of jurors

28  At the opening of a sitting and on each occasion that a panel is required by the court to attend and before any other business is conducted, the clerk of the court must call the names of the jurors so that the sheriff may ascertain those who are present or absent.

  Section 34 (2) (a.1) was added by 2004-23-23, effective January 1, 2005 (BC Reg 434/2004).

  Section 34 (2) (a.2), (a.3) and (a.4) were added by 2012-6-15, effective March 29, 2012 (Royal Assent).

  Section 34 (3) (c) was added by 2015-6-29, effective March 4, 2015 (day after First Reading) [retro from March 25, 2015 (Royal Assent)].

  Supplement BEFORE repealed by 2006-33-1(2)(b), effective May 18, 2006 (Royal Assent).

[Supplement]

Jury Act

[RSBC 1996] CHAPTER 242

1 Section 10 of the Jury Act is amended by adding the following subsection:

(2.1)  If a juror is selected for a trial the juror ceases to be a member of the jury panel except for the purposes of that trial.

1981-10-23.

 Commencement

2  Section 1 comes into force by regulation of the Lieutenant Governor in Council.

1981-10-37