NP 16 Judicial Justices Assignment of Duties Pursuant to S. 11 of the Provincial Court Act

  • January 24, 2019

Effective Date: 24 January 2019
NP 16

JUDICIAL JUSTICES
ASSIGNMENT OF DUTIES PURSUANT TO S. 11 OF THE PROVINCIAL COURT ACT

Subject to section 2.1 of the Provincial Court Act, the following are the duties, classes of cases or matters to which Judicial Justices are assigned:

  1. All matters to which Court Services Justices of the Peace and Judicial Case Managers are assigned;
  2. All matters in which there is a judicial determination affecting the liberty of a person taken into custody other than such matters as are assigned exclusively to or are under the exclusive jurisdiction of Provincial Court Judges;
  3. All applications pursuant to federal or provincial enactments for search warrants, orders for access to records and data, and warrants or authorizations to enter a dwelling house, premises, or other place, whether application is made in person or by telephone or other means of telecommunication, and where authorized by law. With respect to telewarrants, in addition to s. 11(1) of the Provincial Court Act, this assignment constitutes a designation pursuant to s. 487.1 of the Criminal Code and s. 22 of the Offence Act;
  4. Payment hearings pursuant to the Small Claims Act and Small Claims Rules;
  5. a. Hearings in respect of all provincial offences, and federal Contraventions Act offences, in which proceedings are commenced by violation ticket;
    b. Hearings in respect of all municipal bylaw offences; and
    c. Hearings in respect of any traffic-related offence under the Government Property Traffic Regulations and Airport Traffic Regulations made pursuant to the Government Property Traffic Act of Canada (adult only).

History of Notice to the Profession and Public

Original Notice to the Profession and Public dated January 24, 2019 (removes from previous Assignment “(except items (d) and (f) in the December 1, 2013 JCM Assignment of Duties)” from the end of para. 1; adds applications for “orders for access to records and data” to para. 3; and changes reference from “ticket information” to “violation ticket” in para. 5(a)).

Related Practice Directions & Notices to the Profession and Public

  • CRIM 03 - Daytime Search Warrant Applications
  • CRIM 09 - Missing Persons Act Applications
  • NP 03 - Assignment of Duties to Judicial Case Managers
  • NP 14 - Assignment of Duties to Court Services Justices of the Peace

Melissa Gillespie 
Chief Judge
Provincial Court of British Columbia