263/2009

O.C. 572/2009

October 30, 2009

Sheriff Act

Sheriff Powers, Duties and Responsibilities Regulation

[Last amended January 24, 2023 by B.C. Reg. 5/2023]

263_2009_pit

Definitions

In this regulation:

Act means the Sheriff Act ;

court facility has the same meaning as in

section 6.1 of the Act;

exigent circumstance means a circumstance in which immediate intervention is necessary to prevent the death of or serious harm to a human;

external proceeding means any of the following proceedings when it takes place outside of a court facility:

a coroner's inquest;

a hearing by an administrative tribunal listed in the Schedule;

a police complaint hearing under the Police Act ;

a public inquiry under the Public Inquiry Act ;

judges' event means a conference, a convention or a similar event organized for the benefit of judges;

police officer has the same meaning as "officer" in

section 1 of the Police Act ;

Provincial government means the government, including without limitation, a ministry, office, agency, board or commission of the government.

[am. B.C. Reg. 69/2019, s. 1.]

Powers, duties and responsibilities of sheriffs

In addition to the powers, duties, and responsibilities in the Act and in any other provincial or federal enactment, sheriffs may exercise any or all of the following powers, duties and responsibilities:

protecting the safety of all users of a court facility, including, without limiting this, members of the judiciary, courthouse staff, legal counsel, accused persons, parties to court proceedings, witnesses, jurors and members of the public;

protecting court facilities and the property in court facilities;

protecting the safety of participants in an external proceeding, including, without limiting this, coroners, tribunal members, staff, legal counsel, parties to an external proceeding, witnesses, jurors and members of the public;

protecting the facilities where external proceedings take place and the property in those facilities;

protecting the safety of participants in judges' events;

protecting the facilities where judges' events take place and the property in those facilities;

protecting the safety of judges, crown counsel, witnesses, coroners, staff of administrative tribunals listed in the Schedule, employees of the Ministry of Attorney General and employees of the Ministry of Public Safety and Solicitor General outside a court facility;

escorting the individuals described in paragraphs (

a) and (

g) to and from court or to and from facilities that are used for external proceedings;

transporting, escorting and ensuring the safety of jurors outside a court facility as ordered by a court or a coroner or while the jurors are sequestered;

escorting, transporting and guarding any or all of the following:

inmates within the meaning of the Correction Act ;

inmates within the meaning of the Corrections and Conditional Release Act (Canada);

iii

individuals who are arrested by police due to revocation of parole pursuant to the Corrections and Conditional Release Act (Canada);

young persons within the meaning of the Youth Criminal Justice Act (Canada) who are charged under that Act with having committed an offence, while being a young person, or who are found guilty of an offence under that Act;

young persons within the meaning of the Youth Justice Act who are charged under that Act with having committed an offence, while being a young person, or who have been found guilty of an offence under that Act;

individuals who are detained under the Immigration and Refugee Protection Act (Canada);

vii

individuals who are taken into custody or detained in the custody of the police but who have not yet been remanded or committed to custody by court;

viii

individuals who are arrested by sheriffs in respect of small claims matters or on criminal warrants;

patients within the meaning of the Mental Health Act ;

individuals who are subject to an assessment order under the Criminal Code ;

taking samples of bodily substances under

section 487.056 of the Criminal Code ;

protecting the safety of employees of the Provincial government;

protecting buildings or parts of a building owned, leased or administered by the Provincial government.

Sheriffs may exercise powers equivalent to those under

section 6.1 of the Act when performing duties under subsection (1) (c), (d), (

e) or (f).

The director may determine the circumstances in which sheriffs may undertake the duties and responsibilities and exercise the powers under subsection (1).

[am. B.C. Regs. 27/2013, Sch. 2, s. 10; 100/2018, Sch. 2.]

Exigent circumstances

In addition to the duties and responsibilities in the Act and in any other provincial or federal enactment, sheriffs have the following duties and responsibilities:

providing assistance to a police officer, if

the sheriff is present on the scene in the course of undertaking other duties or responsibilities of a sheriff, and

the police officer advises the sheriff that the police officer requires immediate assistance;

providing assistance to a police officer, if the police officer advises the sheriff that the police officer requires assistance in dealing with a riot or other situation of social unrest or potential social unrest;

intervening to prevent the death of or serious harm to a human in an exigent circumstance that the sheriff encounters in the course of undertaking other duties or responsibilities of a sheriff.

[en. B.C. Reg. 69/2019, s. 2.]

Maintaining peace and order in court facilities

In addition to the powers, duties and responsibilities in the Act and in any other provincial or federal enactment, sheriffs have a power, duty and responsibility to maintain peace and order in a court facility so far as reasonably possible.

When performing the duty under subsection (1), a sheriff may exercise powers equivalent to those under

section 6.1 (4) and (5) of the Act if the sheriff has reason to believe that a person is causing a disturbance to the peace and order of the court facility.

The director may determine the circumstances in which sheriffs may undertake the duties and responsibilities and exercise the powers in this section.

[en. B.C. Reg. 5/2023.]

Additional powers in court facilities — photography and video or audio recording

In this section:

chief judge means the chief judge of the Provincial Court;

chief justice means the Chief Justice of the Supreme Court or the Chief Justice of

British Columbia.

When undertaking duties and responsibilities established under this regulation, under the Act or at common law, a sheriff may exercise powers equivalent to those under

section 6.1 (4) and (5) of the Act if a person is taking photographs or making video or audio recordings in a court facility, unless the photography or recording is authorized

by the chief judge or chief justice, or

by the presiding judicial officer in a court proceeding.

[en. B.C. Reg. 5/2023.]

Schedule

[sections 1 and 2 (1) (g)]

Human Rights Tribunal

British Columbia Review Board

British Columbia Securities Commission

[Provisions relevant to the enactment of this regulation: Sheriff Act , R.S.B.C. 1996, c. 425, s. 15.]