SHERIFF ACT

[RSBC 1996] CHAPTER 425

[Updated to October 1, 1998]

Contents

1 — Definitions

1 In this Act:

"director" means the director of sheriff services;

"process" includes a writ, petition, warrant or order issued under the seal of the court, a judge’s summons or order, a notice, subpoena and other proceeding at law or otherwise;

"warrant of execution" includes an order for seizure and sale issued under the Small Claims Rules.

2 — Staff

2 (1) There may be appointed under the Public Service Act a director of sheriff services, sheriffs, deputy sheriffs and other employees considered necessary to carry out their duties under this or any other enactment.

(2) Subject to the minister’s approval and despite the Public Service Act, the director, and a sheriff authorized in writing by the director, may appoint persons on a temporary or part time basis to act as sheriffs for particular purposes specified in their appointment.

(3) If a person is appointed under subsection (2) for the purpose of serving a document, despite the Financial Administration Act, the director may authorize a sheriff to pay the person appointed a fee from money received by the sheriff for service of the document.

3 — Court bailiffs

3 (1) The minister or a person designated in writing by the minister may appoint a person as a court bailiff.

(2) A court bailiff appointed under subsection (1) is deemed to be a sheriff for the purposes of any provision in an enactment that confers on a sheriff any powers, rights or duties in respect of civil execution proceedings including, without limiting this, powers, rights and duties of a sheriff respecting the following:

(a) the execution of writs, warrants, court orders and other process issued or made in civil proceedings;

(b) levies, seizures or dispositions permitted under an enactment;

(c) maintaining records relative to judgments and executions;

(d) searching the records referred to in paragraph (c) and providing

(i) information from the records,

(ii) extracts from the records,

(iii) copies of the records, and

(iv) certificates in respect of the records;

(e) fees or other payments for services rendered.

(3) Nothing in this section authorizes a court bailiff to execute court orders to arrest persons.

(4) Despite the Financial Administration Act, a court bailiff

(a) may collect fees a sheriff is entitled to collect under an enactment,

(b) may retain a portion of the fees as provided under the terms of a contract for services entered into with the government, and

(c) must remit the balance of the fees to the government.

4 — Duties of director

4 (1) The director is responsible to the minister for

(a) the administration of this Act,

(b) the direction of sheriff services generally, and

(c) the establishment and maintenance of programs for the selection and training of sheriffs and other persons appointed under this Act.

(2) The minister or the director may designate a person to act as director during the director’s absence.

(3) The director is a sheriff.

5 — Jurisdiction

5 The director and each sheriff has jurisdiction throughout British Columbia to exercise all the powers and perform the duties imposed on them under this or any other enactment.

6 — Officer of court

6 A sheriff is an officer of all of the courts in British Columbia.

7 — Only sheriff may serve and execute certain court orders

7 A person other than a sheriff or a person appointed under section 2 (2) or 3 must not serve or execute a judgment summons, an order of committal or writ or warrant of execution issued in respect of a civil matter.

8 — Access to information

8 (1) A sheriff has the right to any information that is in the custody or control of the Insurance Corporation of British Columbia and is necessary to enable the sheriff

(a) to serve any process relating to a civil proceeding, or

(b) to exercise any of the powers or rights or to perform any of the duties described in section 3 (2) (a) or (b).

(2) If requested, the Insurance Corporation of British Columbia must disclose to a sheriff information described in subsection (1).

9 — Solicitor responsible for sheriff’s costs

9 A solicitor or other agent whose name appears on any process served by a sheriff is responsible to the sheriff for the fees and expenses of service or execution.

10 — Sheriff may require payment in advance

10 A sheriff is not required to effect execution or seizure under any process unless, if demanded by the sheriff,

(a) all reasonably anticipated costs of the process are first paid to the sheriff, or

(b) an undertaking satisfactory to the sheriff is given by the person initiating the process.

11 — Bylaw document fees

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

12 — Offence

12 (1) A director, sheriff or other person acting under the authority of the director or a sheriff must not directly or indirectly

(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

(b) acquire any property disposed of under execution by a sheriff.

(2) A person who contravenes this section commits an offence and is liable on conviction to the penalties provided under the Offence Act.

13 — Employee to post bond

13 The minister may require a person employed for the purposes of this Act to post a bond under the Bonding Act for an amount and in a form the minister considers appropriate.

14 — Power to make regulations

14 The minister may make regulations referred to in section 41 of the Interpretation Act.