Copyright (

c) Queen's Printer,

Victoria, British Columbia, Canada

License

Disclaimer

2004 Legislative Session: 5th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE GEOFF PLANT

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR TREATY NEGOTIATIONS

BILL 64 – 2004

JUSTICE MODERNIZATION STATUTES

AMENDMENT ACT, 2004

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Class Proceedings Act

1 The Class Proceedings Act, R.S.B.C. 1996, c. 50, is amended by adding the following

section to

Part 6:

Limitation period for a cause of action not included in

a class proceeding

38.1

(1) If a person has a cause of action, a limitation period applicable to that cause of action is suspended for the period referred to in subsection (2) in the event that

(

a) an application is made for an order certifying a proceeding as a class proceeding,

(

b) when the proceeding referred to in paragraph (

a) is commenced, it is reasonable to assume that, if the proceeding were to be certified,

(

i) the cause of action would be asserted in the proceeding, and

(ii) the person would be included as a member of the class on whose behalf the cause of action would be asserted, and

(

c) the court makes an order that

(

i) the application referred to in subsection (1) (

a) be dismissed,

(ii) the cause of action must not be asserted in the proceeding, or

(iii) the person is not a member of the class for which the proceeding may be certified.

(2) In the circumstances set out in subsection (1), the limitation period applicable to a cause of action referred to in that subsection is suspended for the period beginning on the commencement of the proceeding and ending on the date on which

(

a) the time for appeal of an order referred to in subsection (1) (

c) expires without an appeal being commenced, or

(

b) any appeal of an order referred to in subsection (1) (

c) is finally disposed of.

Crown Proceeding Act

Section 5 of the Crown Proceeding Act, R.S.B.C. 1996, c. 89, is repealed and the following substituted:

Institution of claims in the Provincial Court

(1) Without limiting

section 4 but subject to subsections (3) and (4) of this section, proceedings may be brought against the government in the Provincial Court.

(2) Subject to this Act, all proceedings against the government in the Provincial Court must be instituted and proceeded with under the Small Claims Act .

(3) Nothing in this Act extends the jurisdiction of the Provincial Court beyond the jurisdiction available to it under

section 3 of the Small Claims Act .

(4) In a proceeding against the government under the Small Claims Act , the Provincial Court does not have jurisdiction over

(

a) a matter for which notice under

section 8 of the Constitutional Question Act is required, or

(

b) a matter involving the Canadian Charter of Rights and Freedoms .

Section 9 (1) is amended by striking out "the rules of the court in which the proceedings are pending as to discovery and inspection of documents, examination for discovery and interrogatories apply " and substituting " if there are, in the rules of the court in which the proceedings are brought, rules relating to one or more of discovery and inspection of documents, examinations for discovery and interrogatories, those rules apply ".

Court Rules Act

Section 2 of the Court Rules Act, R.S.B.C. 1996, c. 80, is repealed and the following substituted:

Economical litigation

(1) The Lieutenant Governor in Council may make rules under

section 1 (1), (2) and (5) for the expeditious and efficient conduct of proceedings if the amount claimed is $100 000 or less, exclusive of interest, or of interest under the Court Order Interest Act .

(2) Rules referred to in subsection (1) may provide for different practice and procedure, and for different practice and procedure for different classes of proceedings, with respect to

(

a) form and commencement of proceedings,

(

b) interlocutory matters, and

(

c) any other matter with respect to which rules may be made under

section 1 (1), (2) or (6).

Evidence Act

5 The Evidence Act, R.S.B.C. 1996, c. 124, is amended by adding the following sections:

Definitions

41.1

(1) In this

section and sections 41.2 to 41.4:

"electronic court document" means information that

(

a) is recorded or stored on any medium in or by an electronic court system, and

(

b) can be read or perceived by a person, or by a computer system or other similar device,

and includes a display, printout or other output of that information, other than a printout that has been manifestly or consistently acted on, relied on or used as the record of the information shown on the printout;

"electronic court system" means an electronic information or record system that is

(

a) maintained by or on behalf of a court for the purposes of the administration of justice, including a court case management or tracking system, and

(

b) designated under subsection (2) as an electronic court system.

(2) The Lieutenant Governor in Council may make regulations designating electronic information or record systems as electronic court systems.

Application

41.2

(1) Sections 41.3 and 41.4

(

a) apply only in respect to determining the admissibility of electronic court documents stored in or produced by an electronic court system, and

(

b) do not modify the common law relating to the admissibility of records, except as set out in those sections.

(2) Despite subsection (1) (a), in the event of an inconsistency or conflict between sections 41.3 and 41.4 and the provisions of any other enactment, the other enactment will prevail to the extent of the inconsistency or conflict.

Authentication

41.3

(1) In this section, "secure electronic signature" means an electronic signature that is applied to a prescribed electronic record

(

a) by a prescribed person, and

(

b) in accordance with any prescribed terms, conditions or restrictions.

(2) If an electronic court document is accompanied by a secure electronic signature, the electronic court document is presumed, in the absence of evidence to the contrary, to have been signed by the person who is identified in, or can be identified through, the secure electronic signature.

(3) For the purposes of this section, the Lieutenant Governor in Council may make regulations

(

a) prescribing classes of persons who may apply electronic signatures to electronic records,

(

b) prescribing the classes of electronic records to which electronic signatures may be applied,

(

c) respecting terms, conditions or restrictions relating to the application of electronic signatures to electronic records, and

(

d) conferring a discretion in respect to the matters set out in paragraphs (

a) to (c).

Admissibility of electronic court documents

41.4 Despite any rule to the contrary, an electronic court document is admissible in evidence unless, on cause shown before the court, the court has reason to doubt the integrity of the electronic court document, either because reliable encryption techniques were not used to support the making of the electronic court document or for another reason.

Small Claims Act

Section 3 of the Small Claims Act, R.S.B.C. 1996, c. 430, is amended by striking out " if the amount claimed or the value of the personal property or services is $10 000 or less, excluding interest and costs " and substituting " if the amount claimed or the value of the personal property or services is equal to or less than an amount that is prescribed by regulation, excluding interest and costs ".

7 Sections 7, 10, 11, 14 and 15 are repealed.

Section 21 is repealed and the following substituted:

Power to make regulations

(1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the

Interpretation Act .

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations prescribing an amount, of not more than $50 000, for the purposes of

section 3.

Commencement

9 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Sections 2 to 8

By regulation of the Lieutenant Governor in Council

Explanatory Notes

Class Proceedings Act

SECTION 1: [Class Proceedings Act,

section 38.1] suspends the running of a limitation

period applicable to a cause of action if that cause of action could have been

dealt with in a proceeding and that proceeding could have been, but was not,

certified as a class proceeding.

Crown Proceeding Act

SECTION 2: [Crown Proceeding Act,

section 5] allows for proceedings to be brought

against the government in the Provincial Court in accordance with the Small

Claims Act and Small Claims Rules and excludes constitutional matters from

the jurisdiction of the court in these proceedings.

SECTION 3: [Crown Proceeding Act,

section 9] expressly recognizes that the applicable

rules of court may not have provisions dealing with discovery and inspection

of documents, examinations for discovery and interrogatories, and ensures that

any such rules that do exist are applied to proceedings against the government

as if the government were a corporation.

Court Rules Act

SECTION 4: [Court Rules Act,

section 2] allows for rules to be made for the expeditious and

efficient conduct of proceedings if the amount claimed is $100 000 or less and

permits the rules to differ for different types of proceedings.

Evidence Act

SECTION 5: [Evidence Act,

section 41.1 to 41.4]

adds 2

definitions and clarifies that sections 41.3 and 41.4 apply only to electronic court documents;

adds a presumption that an electronic court document signed electronically is signed by the person identified in the electronic signature;

directs that electronic court documents are admissible in evidence in court;

adds regulation making powers in respect to electronic court systems and electronic signatures.

Small Claims Act

SECTION 6: [Small Claims Act,

section 3] allows for a regulation to increase the monetary

jurisdiction of Small Claims Court to a prescribed amount.

SECTION 7: [Small Claims Act, sections] is self-explanatory.

SECTION 8: [Small Claims Act,

section 21] adds a power to make regulations that prescribe

the monetary jurisdiction of Small Claims Court, to a maximum of $50 000.

Copyright

© 2004: Queen's Printer, Victoria, British Columbia, Canada