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NEWS RELEASE · 25th April 2007
Victoria
VICTORIA - British Columbia's justice system will be more streamlined and efficient as a result of changes to legislation introduced today by Attorney General Wally Oppal.

Bill 33, the Attorney General Statutes Amendment Act, 2007, revises the Administrative Tribunals Act to improve flexibility for the temporary appointment of tribunal members. The bill clarifies tribunals' jurisdiction and discretion to decide B.C. Human Rights Code issues.

Amendments to the Family Relations Act will enable the child support recalculation service pilot project to operate as efficiently and effectively as possible.

Changes to the Supreme Court Act and the Provincial Court Act will support the integrity of the justice system by allowing information sharing on the conduct of an employee between the chief administrator of court services branch and the chief judge or chief justice.

An amendment to the Legal Services Society Act expands the society's mandate, enabling it to provide service and assistance to individuals who currently fall outside its financial eligibility guidelines. Services and assistance to low-income individuals remain the society's priority. The amendment will permit the society greater flexibility in determining what services to provide and to which clients. It will empower the society to be a key partner in supporting the government's recently announced justice reform initiatives.

The bill also gives the Law Society of British Columbia additional tools for regulating the legal profession in the public interest. Among other changes, the amendments increase the society's ability to respond if a lawyer is practising incompetently. The bill also introduces a procedure for obtaining evidence from other jurisdictions that will streamline discipline and credential hearings.

Other housekeeping amendments include a change to the Evidence Act to clarify that electronically recorded images of documents (such as cheques) are admissible in the same way as an original.

The changes will also allow tickets for a range of provincial offences to be served to people residing outside of British Columbia and enable the mail delivery of parking violation tickets.

BACKGROUND

ATTORNEY GENERAL STATUTES AMENDMENT ACT

Bill 33, the Attorney General Statutes Amendment Act, 2007, affects the following provincial statutes:

* Provincial Court Act and Supreme Court Act - Changed to enable information-sharing now prevented under the Freedom of Information and Protection of Privacy Act. The amendment allows for discussions about the conduct of an employee between the chief administrator of court services branch and the chief judge of the Provincial Court of B.C. or chief justice of the Supreme Court of B.C.

* Statute Revision Act - Provides legislative confirmation for changes made by regulation under the Statute Revision Act. Changes may relate to errors in form, style, numbering or reference and typographical errors.

* Supreme Court Act - Amended to enable the chief justice to require attendance by judges at meetings, seminars and conferences relating to the administration of justice. The amendment corrects an inconsistency between federal funding requirements and the Supreme Court Act on Supreme Court judges' meetings.

* Administrative Tribunals Act - Clarifies that tribunals have the jurisdiction to apply the Human Rights Code in matters before them. The amendment gives tribunals discretion in applying the code. It also enables the appointment of tribunal members to address temporary absences due to illness and short-term fluctuations in a tribunal's workload.

* Court of Appeal Act - Provides that the registrar of the B.C. Court of Appeal may move an appeal or application for leave to appeal onto the inactive list if a notice of hearing has not been filed within two months of the certificate of readiness.

* Evidence Act - Clarifies that electronically recorded images of documents are admissible in court in the same way as the original document.

* Family Maintenance Enforcement Act - Provides stronger enforcement tools to collect court-ordered family maintenance, including collecting on windfalls such as lottery winnings over $10,000; denying annual vehicle licensing until arrears are paid or arrangements have been made to pay; and permitting access to funds in joint accounts.

* Family Relations Act - Supports the administrative recalculation of child support and enables the child support recalculation service pilot project to operate as efficiently and effectively as possible.

* Interpretation Act - Confirms that where a reference is made in legislation to a matter 'under' an act, that reference includes regulations under the act.

* Legal Profession Act - The bill also enhances the Law Society of British Columbia's ability to regulate the legal profession, in the public interest, by improving its regulatory tools. Among other changes, the amendments increase the society's ability to respond if a lawyer is practising incompetently. The bill also introduces a procedure for obtaining evidence from other jurisdictions that will streamline discipline and credential hearings.

* Legal Services Society Act - An amendment to the Legal Services Society Act expands the society's mandate, enabling it to provide service and assistance to individuals who currently fall outside its financial eligibility guidelines. Services and assistance to low income individuals remain the society's priority. The amendment will permit the society greater flexibility in determining what services to provide and to which clients. It will empower the society to be a key partner in supporting the government's recently announced justice reform initiatives.

* Obsolete Provisions Repeal Act - Repeals acts and statutory provisions that are obsolete or no longer have legal effect.

* Offence Act - Provides legislative authority related to traffic court appearances and for serving violation tickets to offenders who commit offences within British Columbia but live outside the province. The change also authorizes mail delivery of violation tickets for prescribed parking offences.

* Provincial Court Act - Gives the chief judge of the Provincial Court of B.C. direct authority to designate sitting judges as administrative judges.