Bc evidence act pdf

Orders signed by Secretary of State 31 An order in writing, signed by the Secretary of State for Canada and purporting to be written by command of the Governor General, must be received in evidence as the order of the Governor General. Copies in Gazette evidence 32 All copies of official and other notices, advertisements and documents printed in the Canada Gazette or in the British Columbia Gazette are evidence of the originals and of the contents of them.

Evidence of entries in departmental books of governments of Canada and British Columbia 33 A copy of an entry in a book kept in a department of the government of Canada or of the government of British Columbia must be admitted as evidence of the entry and of the matters, transactions and accounts recorded in it if it is proved by the oath or affidavit of an officer of the department that a the book was, at the time the entry was made, one of the ordinary books kept in the department, b the entry was made in the usual and ordinary course of business of the department, and c the copy is a true copy of it.

Financial institution records 34 1 In this section: "court" means the court, judge, arbitrator, person or persons before whom a legal proceeding is held or taken; "financial institution" means the Bank of Canada, the Business Development Bank of Canada, a ministry, department or agency of British Columbia or of Canada or an institution incorporated in Canada that accepts deposits of money from its members or the public, and includes a branch, agency or office of that bank, ministry, department, agency or institution; "legal proceeding" means a civil proceeding or inquiry in which evidence is or may be given, and includes an arbitration.

Admissibility of photographs taken to keep a permanent record 35 1 In this section: "person" includes a the government of Canada or a province, and a ministry or department, commission, board or branch of that government, b a corporation, and c the heirs, executors, administrators or other legal representatives of a person; "photograph" includes photographic film, prints, electronic images, reductions and enlargements, microphotographic film and photocopies.

Evidence of notarial acts or instruments made or filed in Province of Quebec 36 1 For the purposes of a document purporting to be a copy of a notarial act or instrument made, filed or registered in the Province of Quebec, a the copy has the same force and effect as the original and must be received in evidence in place of the original if the copy purports to be certified by a notary or prothonotary as a true copy of the original in his or her possession unless it is proved that i there is no original, ii the copy is not a true copy in some material particular, or iii the original is not, by the law of the Province of Quebec, the type of instrument that may be A taken before a notary, or B filed, enrolled or registered by a notary in the Province of Quebec, and b the copy must not be received in evidence at trial unless the party intending to produce it has, before the trial, given reasonable notice of that intention to the party against whom it is intended to be produced.

Certified copies of documents in land title and Supreme Court offices as evidence 39 An exemplification or a certified copy of an instrument or document deposited, filed, kept or registered in a land title office or a registry of the Supreme Court under the hand and seal of office of the registrar in whose office it is deposited, filed, kept or registered, must be received as evidence in a court in British Columbia of the original of the instrument or document, without proof of the signature or the seal, and without proof that the instrument or document was deposited, filed, kept or registered.

Certified copies of records of chief gold commissioner or gold commissioner as evidence 40 For the purpose of a record kept by or a document filed with the chief gold commissioner or a gold commissioner under the Mineral Tenure Act , copies of or extracts from the record or document, certified as true copies or extracts by the chief gold commissioner or gold commissioner, must be received in a court in British Columbia as evidence of the matters contained in them.

Definitions Application Authentication Admissibility of electronic court documents Admissibility of business records 42 1 In this section: "business" includes every kind of business, profession, occupation, calling, operation or activity, whether carried on for profit or otherwise; "document" includes any device by means of which information is recorded or stored; "statement" includes any representation of fact, whether made in words or otherwise.

Proof of commercial paper 43 1 If it is necessary in an action or proceeding to prove the original of a telegram, letter, shipping bill, bill of lading, delivery order, receipt, account or other written instrument used in business and other transactions, the party intending to prove the original may give notice to the opposite party, at least 5 days before the trial or proceeding, of the intention to give in evidence at the trial or proceeding, as proof of the contents, an instrument purporting to be a copy of the document.

Proof of attesting witness not required if instrument need not be attested 44 If attestation of an instrument is not required, it is not necessary to prove its validity by any attesting witness, and the instrument may be proved by admission or otherwise, as if there had been no attesting witness to it. Evidence of disputed writing by comparison with other writing proved to be genuine 45 Comparison of disputed writing with writing proved to the satisfaction of the court to be genuine must be permitted to be made by a witness, and the writing and the evidence of witnesses about it may be submitted to the court and jury as evidence of the genuineness or otherwise of the writing in dispute.

Impounding documents 46 A court, judge, commissioner or other person acting or officiating judicially, who admits a document in evidence because of this Act, may direct the document to be impounded and kept in the custody of an officer of that court or other person for a period and subject to conditions that that court or other person who admits the document thinks proper or until a further order about it is made by that court or the court to which the officer belongs or, as the case may be, until a further order has been made by that commissioner or other person acting or officiating judicially or by the Supreme Court on application made for that purpose.

Filing certified copy as exhibit instead of original 47 1 Subject to subsection 3 , if the registrar of titles or any district registrar of the Supreme Court or a Clerk of the Peace produces on subpoena an original document for the purpose of a proceeding, the original document is not to be deposited in the court.

Proof of insertion of advertisements in newspapers 48 The production of a printed copy of a newspaper in any proceeding or matter to which this Act applies is evidence that a notice or advertisement contained in it was inserted, advertised and published in that newspaper by the person by whom, or on whose behalf, or in whose name the notice or advertisement purports or appears to be inserted, advertised or published.

Leaflet bearing name of printer evidence leaflet printed by that printer 49 In any proceeding or matter to which this Act applies, the production of a printed or mimeographed leaflet, pamphlet, circular or advertisement containing the name of a person by whom or on whose behalf it purports to have been printed, mimeographed, published, circulated or distributed, is evidence that the leaflet, pamphlet, circular or advertisement was printed, mimeographed, published, circulated or distributed, as the case may be, by or on behalf of that person.

Health care evidence 51 1 In this section: "board of management" means a board of management as defined in the Hospital Act or the board of directors as defined in the Emergency Health Services Act ; "committee" means any of the following: a a medical staff committee within the meaning of section 41 of the Hospital Act ; b a committee that is established or approved by the board of management of a hospital, that includes health care professionals employed by or practising in that hospital and that, for the purposes of improving medical or hospital practice or care in that hospital, or during transportation to or from that hospital, i carries out or is charged with the function of studying, investigating or evaluating the medical or hospital practice of, or care provided by, health care professionals in that hospital or during transportation to or from that hospital, or ii studies, investigates or carries on medical research or a program; b.

Evidence of marriage 52 1 If it is alleged in a civil proceeding that a ceremony of marriage took place in British Columbia or another jurisdiction, either of the following is evidence that the ceremony took place: a the evidence of a person present at the ceremony; b a document purporting to be the original or certified copy of the certificate of marriage. Act gives additional powers 54 This Act is deemed to be in addition to and not in derogation of any powers of proving documents given by any other law.

Affidavit evidence 55 A person may make a statement of fact, opinion, belief or knowledge by means of an affidavit. Appointment of commissioners for taking affidavits 56 1 The Attorney General may appoint, by order, commissioners for taking affidavits for British Columbia. Fees to be paid by commissioners 57 A person must not be appointed under section 56 unless the person has paid to the government a fee prescribed by the Lieutenant Governor in Council. Commissioner fee exceptions 58 1 In this section, "trust council" has the same meaning as in the Islands Trust Act.

Powers of commissioner 59 Subject to section 61 and to any restrictions, exceptions, terms or conditions set out in an order under section 56, a commissioner for taking affidavits for British Columbia may, in or out of British Columbia, administer oaths and take affidavits, declarations and affirmations concerning a any cause, proceeding, matter or thing before the Supreme Court or any other court in British Columbia; b any matter in connection with which an oath, affidavit, affirmation, solemn declaration or statutory declaration is permitted, authorized or required by law to be sworn, affirmed, declared or made.

Commissioners because of office or employment 60 The following persons are, because of their office or employment, commissioners for taking affidavits for British Columbia: a a judge of a court in British Columbia; b justices; c registrars, deputy registrars, district registrars and deputy district registrars of the Supreme Court; d practising lawyers as defined in section 1 1 of the Legal Profession Act ; e notaries public; f the local government corporate officer and that person's deputy; g [Repealed Police forces Social workers 61 1 The following persons are commissioners for taking affidavits for British Columbia only for the purposes of exercising the powers and performing the duties delegated to them under the following Acts: a for the Adoption Act , each person to whom a director of adoption under that Act has delegated powers or duties, except an administrator as defined in section 1 of that Act; b for the Child, Family and Community Service Act , each person to whom a director under that Act has delegated powers or duties; c for the Employment and Assistance Act , each person to whom the minister has delegated powers or duties under that Act; d [Repealed Revocation of commissioner appointment 62 1 Whether or not the appointment was made under this or any other Act, the Attorney General may, by order, revoke the appointment of any of the following: a a commissioner for taking affidavits for British Columbia; b a commissioner for taking affidavits within British Columbia appointed before April 1, ; c a special commissioner for taking affidavits within British Columbia appointed before April 1, ; d a commissioner for taking affidavits in and for the courts of British Columbia appointed before April 1, Commissioned officers empowered to administer oaths 64 All commissioned officers of Her Majesty's naval, military and air forces of Canada on active service in or out of Canada and all Agents General for British Columbia are empowered to administer oaths and take and receive affidavits, declarations and affirmations in or out of British Columbia for use in British Columbia.

Effect given to affidavits 66 An affidavit or affirmation referred to above may be read and made use of in a court of British Columbia, and has the same force as if taken in open court. Receipt of affidavits despite defects 67 A defect, by misdescription of parties or otherwise, in the title or jurat of an affidavit, or an irregularity in the form of an affidavit, affirmation or declaration, does not prevent its reception in evidence if the court, judge or other officer before or to whom it is tendered thinks its receipt is proper, and the court, judge or other officer may direct a memorandum to be made on the document that it has been so received.

Taking of affidavits required by an insurer 68 An affidavit, affirmation or declaration that a is required by an insurer authorized by law to do business in British Columbia, and b relates to loss of or injury to person, property or life insured or assured by that insurer, may be taken before a commissioner or other person authorized to take affidavits. Statutory declarations 69 A gold commissioner, mayor or commissioner authorized to take affidavits, or any other person authorized by law to administer an oath in any matter, may receive the solemn declaration of any person voluntarily making it before him or her in attestation of the execution of any writing, deed or instrument, or of the truth of any fact, or of any account rendered in writing, in the following words: I, A.

Reports of judge 70 1 In this section: "court" means the Supreme Court; "family matter" means a cause of action that is, under an Act, commenced or capable of being commenced in a court and concerns a the guardianship or custody of, support or maintenance for, parenting time of, contact with, or access to a child by a parent or guardian, b the support or maintenance of a person by a spouse, or c the division or redistribution of real or personal property between members of a family; "judge" means a judge of the Provincial Court of British Columbia.

Marginal note: Notice to Attorney General of Canada. In such circumstances, the person presiding at the proceeding shall ensure that the information is not disclosed other than in accordance with this Act.

Marginal note: Notice of disclosure from official. If the official raises the matter, he or she shall notify the Attorney General of Canada in writing of the matter as soon as possible, whether or not notice has been given under subsection 3 , and the person presiding at the proceeding shall ensure that the information is not disclosed other than in accordance with this Act.

Marginal note: Authorization by Attorney General of Canada. Marginal note: No application to Federal Court. Marginal note: Application to Federal Court — general. During the period when an application is confidential, the Chief Administrator of the Courts Administration Service may, subject to section Marginal note: Termination of Court consideration, hearing, review or appeal. Marginal note: Report relating to proceedings. Marginal note: Order confirming prohibition. Marginal note: Appeal to Federal Court of Appeal.

Marginal note: Special rules — hearing in private. Marginal note: Special rules — hearing in National Capital Region. Marginal note: Ex parte representations. Marginal note: Ex parte representations — public hearing. The judge or the court may order that the court records, or any part of them, relating to a private or public hearing, appeal or review be sealed and kept in a location to which the public has no access. Marginal note: Certificate of Attorney General of Canada.

The certificate may only be issued after an order or decision that would result in the disclosure of the information to be subject to the certificate has been made under this or any other Act of Parliament. Marginal note: Statutory Instruments Act does not apply.

Marginal note: Application for review of certificate. Marginal note: Special rules and protective order. Marginal note: Fiat constitutes conclusive proof. Definition of Council. Marginal note: Power of court, person or body. Marginal note: Objection of court, person or body. I, , solemnly declare that state the fact or facts declared to , and I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath.

Declared before me at this day of Marginal note: Order for examination of witness in Canada. Marginal note: Right of refusal to answer or produce document. Marginal note: Laws about witnesses to apply — video links etc. Marginal note: Documents to be admitted in evidence. E, s. Scope of this Act 3 1 Subject to this section, this Act applies to all employees other than those excluded by regulation.

Requirements of this Act cannot be waived 4 The requirements of this Act and the regulations are minimum requirements and an agreement to waive any of those requirements, not being an agreement referred to in section 3 2 , has no effect. Promoting awareness of employment standards 5 The director must develop and carry out policies to promote greater awareness of this Act.

Informing employees of their rights 6 An employer must make available or provide to each employee, in a form provided or approved by the director, information about the rights of the employee under this Act.

Repealed 7 [Repealed No false representations 8 An employer must not induce, influence or persuade a person to become an employee, or to work or to be available for work, by misrepresenting any of the following: a the availability of a position; b the type of work; c the wages; d the conditions of employment.

Hiring children — under 16 years of age 9 1 In this section, "light work" means prescribed work or a prescribed occupation that the Lieutenant Governor in Council considers is unlikely to be harmful to the health or development of a child who is 14 or 15 years of age.

No charge for hiring or providing information 10 1 A person must not request, charge or receive, directly or indirectly, from a person seeking employment a payment for a employing or obtaining employment for the person seeking employment, or b providing information about employers seeking employees. No fees to other persons 11 1 An employment agency must not make a payment, directly or indirectly, to a person for obtaining or assisting in obtaining employment for someone else.

Employment and talent agencies must be licensed 12 1 A person must not operate an employment agency or a talent agency unless the person is licensed under this Act. Farm labour contractors must be licensed 13 1 A person must not act as a farm labour contractor unless the person is licensed under this Act.

Written employment contract required for domestic workers 14 1 On employing a domestic worker, the employer must provide the domestic worker with a copy of the employment contract. Register of employees working in residences 15 An employer must provide to the director, in accordance with the regulations, any information required for establishing and maintaining a register of employees working in private residences. Employers required to pay minimum wage 16 1 An employer must pay an employee at least the minimum wage as prescribed in the regulations.

Paydays 17 1 At least semimonthly and within 8 days after the end of the pay period, an employer must pay to an employee all wages earned by the employee in a pay period. If employment is terminated 18 1 An employer must pay all wages owing to an employee within 48 hours after the employer terminates the employment. If employee cannot be located 19 1 In this section, "administrator" has the same meaning as in the Unclaimed Property Act.

How wages are paid 20 An employer must pay all wages a in Canadian currency, b by cheque, draft or money order, payable on demand, drawn on a savings institution, or c by deposit to the credit of an employee's account in a savings institution, if authorized by the employee in writing or by a collective agreement. Deductions 21 1 Except as permitted or required by this Act or any other enactment of British Columbia or Canada, an employer must not, directly or indirectly, withhold, deduct or require payment of all or part of an employee's wages for any purpose.

Assignments 22 1 An employer must honour an employee's written assignment of wages a to a trade union in accordance with the Labour Relations Code , b to a charitable or other organization, or a pension or superannuation or other plan, if the amounts assigned are deductible for income tax purposes under the Income Tax Act Canada , c to a person to whom the employee is required under a maintenance order, as defined in the Family Maintenance Enforcement Act , to pay maintenance, and d to an insurance company for insurance or medical or dental coverage.

Employer's duty to make assigned payments 23 An employer who deducts an amount from an employee's wages under an assignment of wages must pay the amount a according to the terms of that assignment, or b within one month after the date of the deduction, whichever is sooner. How an assignment is cancelled 24 To cancel an assignment of wages, an employee must notify in writing a the employer, and b the person to whom the wages were assigned.

Special clothing 25 1 An employer who requires an employee to wear special clothing must, without charge to the employee, a provide the special clothing, and b clean and maintain it in a good state of repair, unless the employee is bound by an agreement made under subsection 2.

Payments by employer to funds, insurers or others 26 An employer who agrees under an employment contract to pay an amount on behalf of an employee to a fund, insurer or other person must pay the amount in accordance with the contract.

Wage statements 27 1 On every payday, an employer must give each employee a written wage statement for the pay period stating all of the following: a the employer's name and address; b the hours worked by the employee; c the employee's wage rate, whether paid hourly, on a salary basis or on a flat rate, piece rate, commission or other incentive basis; d the employee's overtime wage rate; e the hours worked by the employee at the overtime wage rate; f any money, allowance or other payment the employee is entitled to; g the amount of each deduction from the employee's wages and the purpose of each deduction; h if the employee is paid other than by the hour or by salary, how the wages were calculated for the work the employee is paid for; i the employee's gross and net wages; j how much money the employee has taken from the employee's time bank and how much remains.

Repealed 29 [Repealed Producer and farm labour contractor are liable for unpaid wages 30 1 A producer and a farm labour contractor are jointly and separately liable for wages earned by an employee of the farm labour contractor for work done on behalf of the producer. Liability of farm labour contractor for transportation costs Enforcement of administrative fee Gratuities Redistribution of gratuities Repealed 31 [Repealed Split shifts 33 An employer must ensure that an employee working a split shift completes the shift within 12 hours of starting work.

Minimum daily hours 34 1 Subject to subsections 2 and 3 , if as required by an employer an employee reports for work on any day, the employer must pay the employee for a minimum of 2 hours at the regular wage whether or not the employee starts work, unless the employee is unfit to work or fails to comply with Part 2 of the Workers Compensation Act , or a regulation under that Part.

Maximum hours of work before overtime applies 35 1 An employer must pay an employee overtime wages in accordance with section 40 if the employer requires, or directly or indirectly allows, the employee to work more than 8 hours a day or 40 hours a week. Agreements to average hours of work 37 1 Despite sections 35, 36 1 and 40 but subject to this section, an employer and employee may agree to average the employee's hours of work over a period of 1, 2, 3 or 4 weeks for the purpose of determining the employee's entitlement, if any, to overtime wages under subsections 4 and 6 of this section and wages payable under subsection 8 or 9 b.

Repealed 38 [Repealed No excessive hours 39 Despite any provision of this Part, an employer must not require or directly or indirectly allow an employee to work excessive hours or hours detrimental to the employee's health or safety. Repealed 41 [Repealed Banking of overtime wages 42 1 At the written request of an employee, an employer may establish a time bank for the employee and credit the employee's overtime wages to the time bank instead of paying them to the employee within the time required under section Repealed 43 [Repealed Entitlement to statutory holiday 44 An employer must comply with section 45 or 46 in respect of an employee who has been employed by the employer for at least 30 calendar days before the statutory holiday and has a worked or earned wages for 15 of the 30 calendar days preceding the statutory holiday, or b worked under an averaging agreement under section 37 at any time within that 30 calendar day period.

Repealed 47 [Repealed Substituting another day for a statutory holiday 48 1 An employer may for one or more employees at a workplace substitute another day off for a statutory holiday if the employer and the employee or a majority of those employees, as the case may be, agree to the substitution. Repealed 49 [Repealed Illness or injury leave Maternity leave 50 1 A pregnant employee who requests leave under this subsection is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins a no earlier than 13 weeks before the expected birth date, and b no later than the actual birth date and ends no later than 17 weeks after the leave begins.

Parental leave 51 1 An employee who requests leave under paragraph a , b or d of this subsection is entitled to, a for a parent who takes leave under section 50 in relation to the birth of the child or children with respect to whom the parental leave is to be taken, up to 61 consecutive weeks of unpaid leave, which must begin, unless the employer and employee agree otherwise, immediately after the end of the leave taken under section 50, b for a parent, other than an adopting parent, who does not take leave under section 50 in relation to the birth of the child or children with respect to whom the parental leave is to be taken, up to 62 consecutive weeks of unpaid leave, which must begin within 78 weeks after the birth of the child or children, and c [Repealed Family responsibility leave 52 An employee is entitled to up to 5 days of unpaid leave during each employment year to meet responsibilities related to a the care, health or education of a child in the employee's care, or b the care or health of any other member of the employee's immediate family.

Compassionate care leave Critical illness or injury leave COVIDrelated leave COVIDrelated paid leave Reservists' leave Leave respecting disappearance of child Leave respecting death of child Leave respecting domestic or sexual violence Bereavement leave 53 An employee is entitled to up to 3 days of unpaid leave on the death of a member of the employee's immediate family.