Section 1 definition of "proceeding" BEFORE amended by 2010-6-81, effective July 1, 2010.
"proceeding" includes an action, suit, cause, matter, appeal or originating application;
Section 1 definition of "associate judge" was added by 2023-47-1(a), effective January 15, 2024 (BC Reg 277/2023).
Section 1 definition of "master" BEFORE repealed by 2023-47-1(b), effective January 15, 2024 (BC Reg 277/2023).
"master" means a master of the court;
Section 2 (2) (c) BEFORE amended by 2008-42-124, effective October 26, 2012 (BC Reg 310/2012).
(c) 86 other judges.
Section 2 BEFORE re-enacted by 2018-36-9, effective October 31, 2018 (Royal Assent).
Supreme Court of British Columbia
2 (1) The Supreme Court of British Columbia is continued under the name and style of the "Supreme Court of British Columbia".
(a) a Chief Justice, who is called "Chief Justice of the Supreme Court",
(b) an Associate Chief Justice, and
(3) The Chief Justice has responsibility for the administration of the judges of court.
(4) Powers of the Chief Justice may be delegated to the Associate Chief Justice.
(5) If the Chief Justice and the Associate Chief Justice are absent or unable to act, the powers of the Chief Justice may be exercised by the next senior non-supernumerary judge who resides in the judicial districts of Vancouver or Westminster.
(6) The court has for each office established under subsection (2) an additional office of supernumerary judge.
(7) The judges appointed to the offices established under subsections (2) and (6) are and are to be called "judges of the Supreme Court".
(8) Each judge must, as soon as practicable after being appointed, reside at the place or within the area approved in writing by the Chief Justice.
(9) Before giving approval under subsection (8), the Chief Justice must consult with the Attorney General.
(10) A judge must not move his or her residence from the place or area referred to in subsection (8) unless
(a) the judge consents to the move, and
(b) the Chief Justice approves of the move.
(11) Before giving approval under subsection (10), the Chief Justice must consult with the Attorney General.
(12) For the office of Chief Justice, there is, subject to subsection (2), an additional office of judge that the Chief Justice may elect, under the Judges Act (Canada), to hold.
(13) Subsection (8) does not apply to a judge of a County Court who was appointed to the court to take office as a judge on the occasion of the merger of the Supreme Court and the County Courts as a result of the enactment of this Act.
Section 2.1 (1) (b) BEFORE amended by 2023-47-2(a), effective January 15, 2024 (BC Reg 277/2023).
(b) the administration of masters, registrars and district registrars.
Section 2.1 (4), (6), (8) and (9) BEFORE amended by 2023-47-2(b), effective January 15, 2024 (BC Reg 277/2023).
(4) Each judge, master, registrar and district registrar must, as soon as practicable after being appointed, reside at the place or within the area approved in writing by the Chief Justice.
(6) A judge, master, registrar or district registrar must not change their residence from the place or area referred to in subsection (4) unless
(a) the judge, master, registrar or district registrar, as applicable, consents to the move, and
(b) the Chief Justice approves the move.
(8) The Chief Justice may direct that a judge, master, registrar or district registrar sit at a location other than the one in which the judge, master, registrar or district registrar resides.
(9) The Chief Justice may require a judge, master, registrar or district registrar to attend a meeting, conference or seminar for a purpose relating to the administration of justice.
Section 4 (1) BEFORE amended by 2021-6-56, effective July 18, 2022 (BC Reg 120/2022).
(1) The Chief Justice and the Associate Chief Justice have the rank and precedence set out in section 4 of the Court of Appeal Act.
Section 6 BEFORE amended by 2023-10-1085, effective March 30, 2023 (Royal Assent).
Powers after leaving office — judges
6 (1) A judge who resigns his or her office, is appointed to another court or ceases to hold office under section 99 (2) of the Constitution Act, 1867, may, after the resignation, appointment or ceasing to hold office, give judgment in a proceeding he or she heard while holding office, and the judgment is effective as though he or she still held office.
(2) A judge who is appointed to another court may continue with the hearing of any proceeding of which he or she was seized, and the jurisdiction to hear the proceeding and give judgment is effective as though he or she still held office.
Section 8 (4) BEFORE repealed by 2002-37-21, effective May 30, 2002 (Royal Assent).
(4) At least one judge must reside in the Regional District of Peace River.
Section 8 (2) and (3) BEFORE repealed by 2013-7-30, effective April 11, 2013 (BC Reg 151/2013).
(2) The number of judges resident in each judicial district must not be less than the number of judges, other than supernumerary judges, who comprised the County Courts that had jurisdiction in each of these judicial districts on June 30, 1990.
(3) For greater certainty, the number of judges resident in the Victoria Judicial District and the Nanaimo Judicial District together must not be less than 7.
Section 8 (5) BEFORE repealed by 2018-36-11, effective October 31, 2018 (Royal Assent).
(5) The Chief Justice may direct that a judge sit at a location other than the one in which he or she resides.
Section 10 BEFORE repealed by 2018-36-11, effective October 31, 2018 (Royal Assent).
Administration
10 (1) The Attorney General is responsible for the provision, operation and maintenance of court facilities, registries and administrative services.
(2) A chief administrator of court services, an administrator of court services for each registry and other persons necessary to carry out this Act and the duties assigned to a registry may be appointed under the Public Service Act.
(3) Subject to the direction of the Attorney General, and to the direction of the Chief Justice in matters of judicial administration and the use of court room facilities, the chief administrator of court services must direct and supervise registries and administrative services for the court.
(4) The chief administrator of court services, for the purposes of carrying out his or her duties under this Act, may disclose to the Chief Justice information regarding the conduct of persons appointed under subsection (2) in the performance of their duties under this Act.
Section 11 (3), (4) and (5) BEFORE amended by 2003-37-43, effective May 29, 2003 (Royal Assent).
(3) The salary of a master is to be the salary of a Provincial Court judge.
(4) Salaries of the masters must be adjusted accordingly at the time the salary of judges of the Provincial Court are adjusted in accordance with a resolution under section 12 (1) of the Provincial Court Act.
(5) The Lieutenant Governor in Council may set other terms of employment and benefits of a master.
Section 11 (3) BEFORE amended by 2003-59-32, effective October 23, 2003 (Royal Assent).
(3) A master is entitled to the remuneration, allowances and benefits established under section 13 (13) to (15) and (17) of the Provincial Court Act.
Section 11 (6) BEFORE amended by 2008-42-125, effective April 1, 2008 [retro from May 29, 2008 (Royal Assent)].
(6) A master ceases to hold office at the end of the month in which the master reaches the age of 70.
Section 11 BEFORE re-enacted by 2018-36-12, effective October 31, 2018 (Royal Assent).
Masters
11 (1) On the recommendation of the Attorney General after consultation with the Chief Justice, the Lieutenant Governor in Council may appoint one or more masters of the court.
(2) A person must not be appointed as a master unless that person is a member in good standing of the Law Society of British Columbia at the time of appointment.
(3) A master is entitled to the remuneration, allowances and benefits established under section 6 (2) to (6) of the Judicial Compensation Act, as that section applies to Provincial Court judges.
(5) The Lieutenant Governor in Council may set other terms of employment of a master.
(6) A master ceases to hold office at the end of the month in which the master reaches 75 years of age.
(7) A master has, subject to the limitations of section 96 of the Constitution Act, 1867, the same jurisdiction under any enactment or the Rules of Court as a judge in chambers unless, in respect of any matter, the Chief Justice has given a direction that a master is not to exercise that jurisdiction.
(8) Wherever a power is given to the registrar, a district registrar or a deputy district registrar under an enactment, that power may be exercised by a master.
(9) A master may administer an oath.
(10) An action must not be brought against a master for damages for anything done or omitted in good faith by the master
(a) in the performance or intended performance of any duty, or
(b) in the exercise or intended exercise of any power.
(11) Subsection (10) does not absolve the government from vicarious liability for an act or omission for which the government would be vicariously liable if subsection (10) were not in force.
(12) A master who resigns his or her appointment or who is appointed as a judge may, within 180 days after the resignation or appointment, give judgment in a proceeding the master heard while holding office, and the judgment is effective as though the master still held office.
Section 11 BEFORE amended by 2023-47-3, effective January 15, 2024 (BC Reg 277/2023).
Appointment of masters
11 (1) On the recommendation of the Attorney General after consultation with the Chief Justice, the Lieutenant Governor in Council may appoint one or more masters of the court.
(2) A person must not be appointed as a master unless that person is a member in good standing of the Law Society of British Columbia at the time of appointment.
(3) A master is entitled to the remuneration, allowances and benefits established under the following sections of the Judicial Compensation Act, as those sections apply to Provincial Court judges:
(a) section 6 (2) to (6) [reports before the Legislative Assembly];
(a.1) section 5.1 (3), (4) and (6) [Lieutenant Governor in Council may accept all recommendations];
(b) section 8 [salary of judges];
(c) section 10 [expenses reimbursed];
(d) section 11 [vacation leave];
Section 11.1 BEFORE amended by 2023-47-4, effective January 15, 2024 (BC Reg 277/2023).
Masters electing senior status
11.1 (1) On or after reaching 55 years of age, a master with at least 10 years' service as a master may elect to hold office part time as a senior master under this section, with judicial duties assigned by the Chief Justice.
(2) Unless otherwise approved by the Chief Justice, a master who wishes to elect senior status under subsection (1) must give notice to the Chief Justice and the Attorney General at least 6 months before the date on which the master wishes to cease full time service.
(3) The Chief Justice may specify the form and manner in which notice is to be given under subsection (2).
(4) An election of senior status under subsection (1) is irrevocable once the master begins service as a senior master under subsection (1), and the senior master may not resume full time service.
(5) The number of sitting days in each year of a senior master's service is calculated according to the following formula:
| PT annual salary | × 1.25 × FT sitting days = number of sitting days |
| FT annual salary |
| where | ||
| PT annual salary | is the annual salary of the senior master, | |
| FT annual salary | is the annual salary of a master who has not elected senior status under this section, and | |
| FT sitting days | is the annual number of sitting days, set by the Chief Justice, of a master who has not elected senior status under this section. | |
Section 11.2 BEFORE amended by 2023-47-5, effective January 15, 2024 (BC Reg 277/2023).
Term of office of master
11.2 (1) Subject to this Act, a master holds office during good behaviour.
(2) A master may resign by submitting to the Attorney General and the Chief Justice a notice of resignation in writing that states the effective date of the resignation, and the resignation becomes effective on that date.
(3) A master ceases to hold office as a master on the earliest of the following:
(a) the end of the month in which the master reaches 75 years of age;
(b) 7 years from the date that the master elects senior status and ceases full time service;
(c) the effective date of a resignation submitted under subsection (2).
Section 11.3 BEFORE amended by 2023-47-6, effective January 15, 2024 (BC Reg 277/2023).
Duties and powers of master
11.3 (1) Masters must devote themselves exclusively to judicial duties and must not engage, directly or indirectly, in any other occupation, profession or business.
(2) Subject to the limitations of section 96 of the Constitution Act, 1867, a master has the same jurisdiction under any enactment or the Rules of Court as a judge in chambers unless, in respect of any matter, the Chief Justice has given a direction that a master is not to exercise that jurisdiction.
(3) Wherever a power is given to the registrar, a district registrar or a deputy district registrar under an enactment, that power may be exercised by a master.
(4) A master may administer an oath.
(5) An action must not be brought against a master for damages for anything done or omitted in good faith by the master
(a) in the performance or intended performance of any duty, or
(b) in the exercise or intended exercise of any power.
(6) Subsection (5) does not absolve the government from vicarious liability for an act or omission for which the government would be vicariously liable if subsection (5) were not in force.
Section 11.4 BEFORE amended by 2023-47-7, effective January 15, 2024 (BC Reg 277/2023).
Powers after leaving office — masters
11.4 A master who resigns an appointment as master or who is appointed as a judge may, within 180 days after the resignation or appointment, give judgment in a proceeding the master heard while holding office, and the judgment is effective as though the master still held office.
Section 12 BEFORE re-enacted by 2003-37-44, effective May 29, 2003 (Royal Assent).
12 (1) Subject to subsection (2), the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to every master.
(2) When calculating the amount of a pension under the Public Service Pension Plan, each year of service as a master must be counted as 1 1/2 years of pensionable service.
Section 12 (1) BEFORE amended by 2003-59-33, effective October 23, 2003 (Royal Assent).
(1) Subject to this section, a master is entitled to the pension benefits established under sections 19 to 19.8 of the Provincial Court Act.
Section 12 (2) (a) and (b) BEFORE amended by 2003-59-33, effective October 23, 2003 (Royal Assent).
(2) For purposes of giving effect to subsection (1),
(a) "December 1, 2002" is substituted for "January 1, 2001" wherever it appears in sections 19 to 19.8 of the Provincial Court Act, and
(b) sections 19 to 19.8 of the Provincial Court Act are to be read with necessary changes.
Section 12 (1) BEFORE amended by 2023-47-8, effective January 15, 2024 (BC Reg 277/2023).
(1) Subject to this section, a master is entitled to the pension benefits established under sections 16 to 24 of the Judicial Compensation Act.
Section 12.1 BEFORE amended by 2023-47-9, effective January 15, 2024 (BC Reg 277/2023).
Pension for senior masters
12.1 (1) This section applies to masters who have elected senior status under section 11.1.
"pension plan rules" means the rules of the Public Service Pension Plan;
"Public Service Pension Plan" means the Public Service Pension Plan continued under the Public Service Pension Plan Joint Trust Agreement;
"Public Service Pension Plan Joint Trust Agreement" means the agreement established under section 18 of Schedule C of the Public Sector Pension Plans Act.
(3) Despite section 18 of the Judicial Compensation Act, a senior master is not entitled to make contributions or have contributions made on the senior master's behalf to the Public Service Pension Plan in respect of service as a senior master.
(4) A senior master is, on the date that the master's full time service ceases, entitled to receive a pension under the Public Service Pension Plan in accordance with the pension plan rules and with Part 3 of the Judicial Compensation Act, as that Part applies to Provincial Court judges, and the cessation of full time service is deemed to be a termination of the senior master's employment, but only for the purposes of those pension plan rules.
(5) Service as a senior master does not, for any purpose, count as contributory service or pensionable service.
Section 15 BEFORE amended by 2023-47-10, effective January 15, 2024 (BC Reg 277/2023).
Transfer to Provincial Court
15 A judge or master may transfer proceedings to the Provincial Court of British Columbia if
(a) the proceedings are within the jurisdiction of the Provincial Court under the Small Claims Act,
(b) a party to the proceedings applies to the judge or master, or all parties to the proceedings agree to the transfer, and
Section 18 BEFORE amended by 2023-10-1086, effective March 30, 2023 (Royal Assent).
Vexatious proceedings
18 If, on application by any person, the court is satisfied that a person has habitually, persistently and without reasonable grounds, instituted vexatious legal proceedings in the Supreme Court or in the Provincial Court against the same or different persons, the court may, after hearing that person or giving him or her an opportunity to be heard, order that a legal proceeding must not, without leave of the court, be instituted by that person in any court.