|Part 1 — Interpretation|
|Part 2 — Establishing a Commission of Public Inquiry|
|Division 1 — Establishing a Commission|
|2||Establishing a commission|
|Division 2 — Appointment of Commissioners and Staff|
|5||Appointment of commissioners|
|6||Responsibilities of chief commissioner|
|Part 3 — Duties and Powers of Commissions|
|Division 1 — General Duties and Powers|
|9||Power to make directives|
|10||Power to inspect|
|11||Who may participate|
|12||Powers respecting participants|
|13||Rights of participants|
|14||Power to accept information|
|15||Power to prohibit or limit attendance or access|
|16||Power to maintain order|
|17||Participant's failure to comply with orders|
|18||Power to record meetings or hearings|
|Division 2 — Study Commissions|
|20||Powers of study commissions|
|Division 3 — Hearing Commissions|
|21||General powers of hearing commissions|
|22||Power to compel witnesses and order disclosure|
|23||Power to apply to court|
|24||Service of notice or records|
|25||Hearings open to public|
|26||Application of Freedom of Information and Protection of Privacy Act|
|Division 4 — Reporting|
|Part 4 — General|
|29||Disclosure by Crown|
|30||Responsibility for records|
|33||Power to make regulations|
|Part 5 — Repeal and Transition|
|Part 6 — General Consequential Amendments|
|36-41||General Consequential Amendments|
|Part 7 — Consequential Amendments of Statutes Not Requiring Commissioner Powers, Duties or Protections|
|42-44||Consequential Amendments of Statutes Not Requiring Commissioner Powers, Duties or Protections|
|Part 8 — Consequential Amendments Concerning Administrative Hearings|
|45-66||Consequential Amendments Concerning Administrative Hearings|
|Part 9 — Consequential Amendments Concerning Statutory and Other Decision Makers|
|67–109||Consequential Amendments Concerning Statutory and Other Decision Makers|
|Part 10 — Consequential Amendments to Provide Direct Contempt Powers|
|110-115||Consequential Amendments to Provide Direct Contempt Powers|
|Part 11 — Consequential Amendments of Statutes That Provide for Public Inquiries|
|116-126||Consequential Amendments of Statutes That Provide for Public Inquiries|
|Part 12 — Related Consequential Amendments|
|127-133||Related Consequential Amendments|
1 In this Act:
"chief commissioner" means
"commission" means a commission of inquiry established under section 2;
"commissioner" means a person appointed as a commissioner under section 5;
"court" means the Supreme Court;
"hearing commission" means a commission designated as a hearing commission under section 2;
"information" includes evidence and records;
"participant" means a person who is provided with notice or is accepted as a participant under section 11;
"study commission" means a commission designated as a study commission under section 2.
(2)If a joint commission is established with a government of another jurisdiction, the Lieutenant Governor in Council may, in the order establishing the commission, exempt the commission from all or part of a provision of this Act or the regulations made under it if necessary to avoid a conflict of law.
4 The costs and expenses incurred in connection with an inquiry under this Act must be paid out of the consolidated revenue fund, in the absence of an appropriation of the Legislature available for that purpose.
(3)Unless the Lieutenant Governor in Council states otherwise in the appointment order, a commissioner may rely on all decisions made and information received by any former or current commissioner of the inquiry to which the commissioner is appointed.
6 The chief commissioner is responsible for
7 (1)The chief commissioner may appoint employees, in accordance with the Public Service Act, necessary to exercise the powers and perform the duties of a commission.
(2)The chief commissioner may engage or retain consultants, investigators, lawyers, expert witnesses or other persons the chief commissioner considers necessary to exercise the powers and perform the duties of a commission.
(3)The Public Service Act does not apply to a person engaged or retained under subsection (2) of this section.
8 Commissioners must faithfully, honestly and impartially perform their duties and, except in the proper performance of those duties, must not disclose to any person any information obtained as a commissioner.
9 (1)Subject to this Act and the commission's terms of reference, a commission has the power to control its own processes and may make directives respecting practice and procedure to facilitate the just and timely fulfillment of its duties.
10 Subject to this Act and the commission's terms of reference, a commission may
(2)If a hearing commission intends to make a finding of misconduct against a person, or intends to make a report that alleges misconduct by a person, the hearing commission must first provide the person with
(3)In making an order under subsection (1), a hearing commission must ensure that a participant who responds to a notice under section 11 (2) has a reasonable opportunity to be heard by the commission before the commission makes a finding of misconduct against the participant, or makes a report that alleges misconduct by that participant.
(3)Any answer provided by a participant before a commission must not be used or admitted in evidence against the participant in any trial or other proceedings, other than a prosecution for perjury in respect of the answer provided.
(3)Nothing in subsection (1) overrides the provisions of any Act expressly limiting the extent to which or purposes for which any oral testimony, records or things may be admitted or used in evidence.
15 (1)A commission may, by order, prohibit or restrict a person or a class of persons, or the public, from attending all or part of a meeting or hearing, or from accessing all or part of any information provided to or held by the commission,
(b)for any reason for which information could or must be withheld by a public body under sections 15 to 19 and 21 to 22.1 [privacy rights, business interests and public interest] of the Freedom of Information and Protection of Privacy Act, or
(2)In making an order under subsection (1), a hearing commission must not unduly prejudice the rights and interests of a participant against whom a finding of misconduct, or a report alleging misconduct, may be made.
16 (1)At a meeting or hearing, a commission may make orders or give directions that it considers necessary for the maintenance of order at the meeting or hearing, and, if any person disobeys or fails to comply with any order or direction, the commission may call on the assistance of any peace officer to enforce the order or direction.
17 Without limiting any other power of enforcement, if a participant fails to comply with an order or a directive of a commission, including any time limits specified for taking any actions, the commission, after giving notice to the participant, may do any of the following:
(3)If, by a mechanical or human failure or other accident, the transcription or recording of a meeting or hearing is destroyed, interrupted or incomplete, the validity of the meeting or hearing is not affected.
19 (1)A commission has exclusive jurisdiction to inquire into, hear and determine all matters and questions of fact and law arising or required to be determined under this Act and to make any order it is permitted to make.
(2)An order of a commission under this Act or its terms of reference on a matter in respect of which the commission has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.
20 (1)Subject to this Act and the commission's terms of reference, a study commission may engage in any activity necessary to effectively and efficiently fulfill the duties of the commission, including doing any of the following:
21 (1)Subject to this Act and the commission's terms of reference, a hearing commission may engage in any activity necessary to effectively and efficiently fulfill the duties of the commission, including doing any of the following:
(c)the receipt and disclosure of information, including but not limited to pre-hearing receipt and disclosure and pre-hearing examination of a participant or witness on oath, on affirmation or by affidavit;
(a)if a person was summoned to appear before the commission at the request of a participant, order the participant to pay appearance fees and expenses reasonably and necessarily incurred by the person summoned, other than fees and expenses incurred by the person in respect of legal representation or advice, and
(b)in any case, pay appearance fees and expenses reasonably and necessarily incurred by a person summoned to appear before the commission, other than fees and expenses incurred by the person in respect of legal representation or advice.
(5)Subject to this Act and the hearing commission's terms of reference, a hearing commission may make directives respecting appearance fees and expenses reasonably and necessarily incurred by a person summoned to appear before the commission.
23 A hearing commission may apply to the court for any of the following:
(2)If a hearing commission is of the opinion that, because there are many participants or for any other reason, it is impracticable to give notice of a hearing to a participant directly or by a method referred to in subsection (1), the commission may give notice of a hearing by public advertisement or otherwise as the commission directs.
25 Subject to section 15 [power to prohibit or limit attendance or access], a hearing commission must
26 (1)The Freedom of Information and Protection of Privacy Act, other than section 44 (1) (b), (2), (2.1) and (3) [powers of commissioner in conducting investigations, audits or inquiries], does not apply to any of the following in respect of a hearing commission:
(2)Subsection (1) does not apply to personal information, as defined in the Freedom of Information and Protection of Privacy Act, that has been in existence for 100 or more years or to other information that has been in existence for 50 or more years.
(3)On receiving the report, the Executive Council may direct the minister to withhold portions of the report for any reason for which information could or must be withheld by a public body under sections 15 to 19 and 21 to 22.1 [privacy rights, business interests and public interest] of the Freedom of Information and Protection of Privacy Act.
(7)Despite the Freedom of Information and Protection of Privacy Act, if, after a report is laid before the Legislative Assembly, a person makes a request under section 5 of that Act for information in relation to the report, the head of a public body must not refuse to disclose information on any basis on which disclosure must or may be refused under section 12 of that Act.
29 (1)If the government discloses to a commission, either voluntarily or in response to a request or summons, any information over which the government asserts privilege or immunity, the privilege or immunity is not waived or defeated for any other purpose by the disclosure.
(2)If a commission determines that it is necessary to disclose information over which the government asserts privilege or immunity, the privilege or immunity is not waived or defeated for any other purpose by the disclosure.
30 Following the completion or termination of an inquiry, the minister has primary responsibility for the final report and all records of the commission.
31 A commissioner, or a person acting on behalf of or under the direction of a commissioner, must not be required to testify or produce evidence in any proceeding, other than a criminal proceeding, about information obtained in the discharge of duties under this Act.
32 (1)Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a commission, a commissioner, a person acting on behalf of or under the direction of a commissioner, or the government, because of anything done or omitted
33 (1)The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
34 The Inquiry Act, R.S.B.C. 1996, c. 224, is repealed.
[Note: See Table of Legislative Changes for the status of sections 36 to 41.]
|36||Agricultural Land Commission Act|
|37||Local Government Act|
[Note: See Table of Legislative Changes for the status of sections 42 to 44.]
|42||Gaming Control Act|
|43||Legislative Procedure Review Act|
[Note: See Table of Legislative Changes for the status of sections 45 to 66.]
|47-48||College of Applied Biology Act|
|49||Environmental Management Act|
|50||Farm Practices Protection (Right to Farm) Act|
|53||Health Emergency Act|
|54-55||Legal Profession Act|
|56||Medicare Protection Act|
|57||Motor Dealer Act|
|59||Public Sector Pension Plans Act|
|60||Real Estate Development Marketing Act|
|61-62||Real Estate Services Act|
|63||Secure Care Act|
|64-66||Teaching Profession Act|
[Note: See Table of Legislative Changes for the status of sections 67 to 109.]
|67||Corporation Capital Tax Act|
|70||Debtor Assistance Act|
|71-72||Electoral Boundaries Commission Act|
|73||Employment Standards Act|
|74-75||Financial Administration Act|
|76-78||Freedom of Information and Protection of Privacy Act|
|81-82||Indian Advisory Act|
|83-86||Labour Relations Code|
|87-88||Logging Tax Act|
|89-90||Mineral Tenure Act|
|92-94||Ministry of Energy and Mines Act|
|95-98||Personal Information Protection Act|
|99-101||Private Investigators and Security Agencies Act|
|102||Public Service Act|
|103-104||Railway and Ferries Bargaining Assistance Act|
|105||Representative for Children and Youth Act|
|108-109||Youth Justice Act|
[Note: See Table of Legislative Changes for the status of sections 110 to 115.]
|110-111||Members' Conflict of Interest Act|
|114-115||Provincial Court Act|
[Note: See Table of Legislative Changes for the status of sections 116 to 126.]
|116||Crown Counsel Agreement Continuation Act|
|117||Education Services Collective Agreement Act|
|118||Environmental Assessment Act|
|119||Environmental Management Act|
|120||Health Professions Act|
|121||Labour Relations Code|
|122||Local Government Act|
|123||Ministry of Labour Act|
|124||Public Education Support Staff Collective Bargaining Assistance Act|
|125||Railway and Ferries Bargaining Assistance Act|
|126||Real Estate Services Act|
[Note: See Table of Legislative Changes for the status of sections 127 to 133.]
|127||Administrative Tribunals Act|
|129||Child, Family and Community Service Act|
|131||Family Relations Act|