Definitions

1  In this Act:

"public officer" includes every person appointed to or holding

(a) any public office, employment or commission in a ministry of the Executive Government of British Columbia, or

(b) an office or employment of public trust, or in which the person is concerned in the collection, receipt, disbursement or expenditure of public money under the Executive Government of British Columbia;

"required to give security", with reference to a public officer, means required, because of the person's appointment to or holding an office, employment or position, or because of a statute, or because of a requirement of the Lieutenant Governor in Council, to give security for the due performance of the trust reposed in the person, and for the person's duly accounting for all public money entrusted to the person or placed under the person's control, or for the due fulfilment in any way of the person's duty or of an obligation undertaken towards the government;

"security" includes security by

(a) the deposit of money or property,

(b) the giving and entering into a bond, with sureties or otherwise, or

(c) the bond or policy of insurance of an insurer lawfully carrying on business in British Columbia.

 Public officers to give security

2  (1)  Every public officer required to give security must give the security in accordance with subsection (2) for the following:

(a) the due performance of the trust reposed in the person;

(b) the person's duly accounting for all public money entrusted to the person or placed under the person's control;

(c) the due fulfilment in every way of the person's duty and of every obligation undertaken by the person towards the government.

(2)  The security under subsection (1) must be

(a) in the amount approved by the Lieutenant Governor in Council or by the minister of the ministry in or under which the public officer is employed, and

(b) given within the time the Lieutenant Governor in Council thinks reasonable.

 Neglect to give security as ground for declaring appointment void

3  (1)  Every security given by a public officer must be deposited in the office of the Public Service Appeal Board.

(2)  If a public officer required to give security neglects to give and deposit it in the manner and within the time required under this Act, the officer is liable to forfeit his or her appointment, office, employment or commission in respect of which the security ought to have been given, and the appointment or commission is void from and after the time the Lieutenant Governor in Council declares it void under this Act.

(3)  A declaration by the Lieutenant Governor in Council under subsection (2) does not annul or make void an act, order or other matter or thing done by the public officer during the time he or she actually held the appointment, office, employment or commission.

 Notice of surety's death, bankruptcy or change of residence

4  (1)  Every public officer required to give security who for that purpose has given a bond or obligation with a surety or sureties must give notice in writing to the Public Service Employee Relations Commission, or to the minister of the ministry in or under which the public officer is employed, of the death, bankruptcy, insolvency or residence outside of British Columbia of any surety bound for or with the public officer in the security.

(2)  The notice must be given within one month after the fact comes to the knowledge of the public officer.

(3)  A public officer who neglects to give notice forfeits to the government 1/4 part of the amount for which the dead, bankrupt, insolvent or non-resident surety became security.

(4)  The government may sue in a court of competent jurisdiction to recover money forfeited under subsection (3).

 Approval of security after time limit

5  (1)  The Lieutenant Governor in Council may approve the security given by a public officer, although it has been given after the time limit.

(2)  If the security is approved, the office or commission of the public officer is deemed not to have been made void by the default, but to have remained and to remain in full force and effect.

 Acts of public officer protected

6  No act of a public officer whose security has been given after the time limit is made void or voidable by the default.

 Neglect does not make security void

7  A neglect, omission or irregularity in giving or receiving security within the required period or in the required manner does not make the security void or discharge a surety from the obligations of it.

 Application of preceding sections

8  Nothing in sections 1 to 7 of this Act applies to or affects a public officer of any ministry with respect to which special provision is made by law for the giving of security by its officers, and the exacting of security from them, unless the special provision does not extend or apply to that public officer.

 Power to make regulations and orders

9  The Lieutenant Governor in Council may make regulations of general application, or may make an order dealing with a particular situation, as follows:

(a) determining which public officers are required to give security;

(b) prescribing the form of security to be given, including the prescribing of a short form of bond and defining the construction and effect to be given to it or to any form of words used in it;

(c) providing for the renewal of securities, the substitution and discharge of securities and sureties, and the manner in which a surety may terminate the surety's responsibility;

(d) providing for the forfeiture of office by public officers because of failure to comply with this Act or regulations;

(e) generally, for the proper administration and carrying into effect of this Act.