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“Point in Time” Act Content

SHERIFF ACT

[RSBC 1996] CHAPTER 425

NOTE: Links below go to act 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
4.1October 29, 2009
6.1May 30, 2002
 September 1, 2006
 September 1, 2006
 September 1, 2006
 September 1, 2006
 October 29, 2009
 October 29, 2009
 October 29, 2009
 October 29, 2009
 October 29, 2009
 October 29, 2009
 October 29, 2009
 October 29, 2009
 October 29, 2009
 October 29, 2009
 October 29, 2009
 March 30, 2023
 January 15, 2024
6.2September 1, 2006
 October 29, 2009
6.3November 2, 2017
11October 29, 2009
12March 30, 2023
13.1October 29, 2009
14May 30, 2002
 September 1, 2006
 September 1, 2006
 September 1, 2006
 September 1, 2006
 October 29, 2009
 October 29, 2009
15October 29, 2009

  Section 4.1 was enacted by 2009-22-66, effective October 29, 2009 (Royal Assent).

  Section 6.1 was enacted by 2002-37-19, effective May 30, 2002 (Royal Assent).

  Section 6.1 (1) definition of "screen" BEFORE repealed by 2006-11-9(a), effective September 1, 2006 (BC Reg 130/2006).

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

  Section 6.1 (3) (a) BEFORE amended by 2006-11-9(b), effective September 1, 2006 (BC Reg 130/2006).

(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;

  Section 6.1 (3) (b) BEFORE amended by 2006-11-9(c), effective September 1, 2006 (BC Reg 130/2006).

(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;

  Section 6.1 (4) (a) BEFORE amended by 2006-11-9(d), effective September 1, 2006 (BC Reg 130/2006).

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

  Section 6.1 (1) definition of "court", paragraph (d) BEFORE amended by 2009-22-67(a), effective October 29, 2009 (Royal Assent).

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

  Section 6.1 (1) definition of "court facility" BEFORE amended by 2009-22-67(b), effective October 29, 2009 (Royal Assent).

"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;

  Section 6.1 (1) definition of "court facility area" was added by 2009-22-67(c), effective October 29, 2009 (Royal Assent).

  Section 6.1 (1) definition of "restricted zone" BEFORE amended by 2009-22-67(d), effective October 29, 2009 (Royal Assent).

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

  Section 6.1 (2) BEFORE amended by 2009-22-67(e), effective October 29, 2009 (Royal Assent).

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

  Section 6.1 (3) (a) and (b) BEFORE amended by 2009-22-67(f), effective October 29, 2009 (Royal Assent).

(a) search a person for weapons in the prescribed manner 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 searched in the prescribed manner;

  Section 6.1 (3) (d) BEFORE amended by 2009-22-67(g), effective October 29, 2009 (Royal Assent).

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

  Section 6.1 (4) (a) BEFORE amended by 2009-22-67(h), effective October 29, 2009 (Royal Assent).

(a) the person refuses to be searched for weapons in the prescribed manner,

  Section 6.1 (4.1) was added by 2009-22-67(i), effective October 29, 2009 (Royal Assent).

  Section 6.1 (5) (b) BEFORE amended by 2009-22-67(j), effective October 29, 2009 (Royal Assent).

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

  Section 6.1 (5) (c) BEFORE amended by 2009-22-67(k), effective October 29, 2009 (Royal Assent).

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

  Section 6.1 (4) (part) and (4.1) (part) BEFORE amended by 2023-10-1052, effective March 30, 2023 (Royal Assent).

(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

(4.1) In addition to his or her powers under subsection (3), a sheriff may arrest a person who is in a court facility area or evict a person from a court facility area if

  Section 6.1 (6) and (7) BEFORE amended by 2023-47-14,Sch 2, effective January 15, 2024 (BC Reg 277/2023).

(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.

  Section 6.2 was enacted by 2006-11-10, effective September 1, 2006 (BC Reg 130/2006).

  Section 6.2 (3) BEFORE amended by 2009-22-68, effective October 29, 2009 (Royal Assent).

(3)  A search under subsection (2) may include a strip search conducted in accordance with the regulations.

  Section 6.3 was enacted by 2017-16-1, effective November 2, 2017 (Royal Assent).

  Section 11 BEFORE amended by 2009-22-69, effective October 29, 2009 (Royal Assent).

11  If a sheriff serves a document issued under a municipal bylaw, the municipality must pay the sheriff a prescribed fee.

  Section 12 (1) (a) BEFORE amended by 2023-10-1053, effective March 30, 2023 (Royal Assent).

(a) demand or receive any reward for performing or not performing his or her duties except as permitted by this or any other enactment, or

  Section 13.1 was enacted by 2009-22-70, effective October 29, 2009 (Royal Assent).

  Section 14 renumbered as 14 (1) and (2) was added by 2002-37-20, effective May 30, 2002 (Royal Assent).

  Section 14 (2) (part) BEFORE amended by 2006-11-11(a), effective September 1, 2006 (BC Reg 130/2006).

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

  Section 14 (2) (d) BEFORE amended by 2006-11-11(b), effective September 1, 2006 (BC Reg 130/2006).

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

  Section 14 (2) (g) was added by 2006-11-11(c), effective September 1, 2006 (BC Reg 130/2006).

  Section 14 (3) was added by 2006-11-11(d), effective September 1, 2006 (BC Reg 130/2006).

  Section 14 (1) BEFORE repealed by 2009-22-71(a), effective October 29, 2009 (Royal Assent).

(1)  The minister may make regulations referred to in section 41 of the Interpretation Act.

  Section 14 (2) BEFORE amended by 2009-22-71(b), effective October 29, 2009 (Royal Assent).

(2)  Without limiting subsection (1), the minister may, for the purposes of sections 6.1 and 6.2, 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) respecting searches under sections 6.1 and 6.2;

(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;

(g) defining words or expressions used but not defined in this Act.

  Section 15 was enacted by 2009-22-72, effective October 29, 2009 (Royal Assent).