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2003 Legislative Session: 4th 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 80 – 2003

POLICE COMPLAINT COMMISSIONER

ENABLING AND VALIDATING ACT, 2003

Contents

Section

Definition

Appointment of police complaint commissioner

Enabling and validating provisions

Retroactive effect

HER

MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Definition

1 In this Act, "commissioner" means the individual referred to in

section 2.

Appointment of police

complaint commissioner

2 Dirk Ryneveld is

conclusively deemed to have been appointed under

section 47 of the Police Act

as police complaint commissioner effective February 13, 2003.

Enabling

and validating provisions

(1) All decisions,

proceedings, appointments and other actions of the commissioner that would have

been valid had the commissioner in fact been appointed as referred to in

section

2 are conclusively deemed to have been validly done.

(2) Order in Council 930/2003, under

section 50.1 [remuneration of commissioner]

of the Police Act , is conclusively deemed to have come into force on February

13, 2003.

(3) Section 5 [pension entitlement]

of the Auditor General Act applies to the commissioner effective February

13, 2003, except that the references in subsection (2) of that

section to the

coming into force of that Act are deemed to be references to the coming into force

of this Act.

(4) All payments made to or for the benefit

of the commissioner in accordance with the retroactive application of subsections

(2) and (3) are conclusively deemed to have been validly made.

Retroactive

effect

4 This Act is retroactive to the extent

necessary to give full force and effect to its provisions and must not be construed

as lacking retroactive effect in relation to any matter by reason that it makes

no specific reference to that matter.

Explanatory

Note

This Bill:

validates the appointment of the police

complaint commissioner (which was incorrectly done by Royal Commission, rather

than by Order in Council as required by the Police Act );

validates actions of the police complaint commissioner taken between the

time of his deemed appointment under this Bill and the date on which he was in

fact appointed;

provides retroactively for remuneration and

benefits of the police complaint commissioner;

provides for

the police complaint commissioner to receive a pension under the Public Sector

Pension Plans Act on the same basis as the current Auditor General.

Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada