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Volume 66, No. 2

5/2023

The British Columbia Gazette,

Part II

January 31, 2023

B.C. Reg. 5/2023 , deposited January 24, 2023, under the SHERIFF ACT [section 15]. Order in Council 28/2023, approved and ordered January 24, 2023.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Sheriff Powers, Duties and Responsibilities Regulation, B.C. Reg. 263/2009, is amended as set out in the attached Schedule.

— N. SHARMA, Attorney General ; J. WHITESIDE, Presiding Member of the Executive Council .

Schedule

1 The Sheriff Powers, Duties and Responsibilities Regulation, B.C. Reg. 263/2009, is amended by adding the following sections:

Maintaining peace and order in court facilities

(1) 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.

(2) 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.

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

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

(1) 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.

(2) 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

(

a) by the chief judge or chief justice, or

(

b) by the presiding judicial officer in a court proceeding.

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