In this Act:
administrative proceeding means an application or other process for bringing a matter before a tribunal;
applicant means a person making an application under section 4;
court means the Supreme Court of British Columbia;
dismissal order means an order under section 4 dismissing a proceeding;
expression means any communication, whether it is made verbally or non-verbally, publicly or privately, and whether it is directed or not directed at a person or entity;
proceeding has the same meaning as in the Supreme Court Act;
respondent means a person responding to an application made under section 4;
tribunal has the same meaning as in the Judicial Review Procedure Act.
This Act applies in respect of proceedings commenced on or after May 15, 2018.
If an oral or written communication on a matter of public interest, between persons who have a direct interest in the matter, has qualified privilege, that communication has qualified privilege regardless of whether the communication is witnessed or reported by the media or other persons.
In a proceeding, a person against whom the proceeding has been brought may apply for a dismissal order under subsection (2) on the basis that
the proceeding arises from an expression made by the applicant, and
the expression relates to a matter of public interest.
If the applicant satisfies the court that the proceeding arises from an expression referred to in subsection (1), the court must make a dismissal order unless the respondent satisfies the court that
there are grounds to believe that
the proceeding has substantial merit, and
the applicant has no valid defence in the proceeding, and
the harm likely to have been or to be suffered by the respondent as a result of the applicant's expression is serious enough that the public interest in continuing the proceeding outweighs the public interest in protecting that expression.
Subsection (1) does not apply to an application for an injunction.
Unless the court orders otherwise, a respondent may not amend the respondent's pleadings
in order to prevent or avoid a dismissal order under section 4, or
in order to continue the proceeding if the proceeding is dismissed.
If the court makes a dismissal order under section 4, the applicant is entitled to costs on the application and in the proceeding, assessed as costs on a full indemnity basis unless the court considers that assessment inappropriate in the circumstances.
If, on an application for a dismissal order under section 4, the court does not dismiss the proceeding, the respondent is not entitled to costs on that application unless the court considers it appropriate in the circumstances.
On an application for a dismissal order under section 4, the court may, on its own motion or on application by the applicant, award the damages it considers appropriate against a respondent if it finds that the respondent brought the proceeding in bad faith or for an improper purpose.
Subject to this Act, an application for a dismissal order under section 4 must be made in accordance with the Supreme Court Civil Rules.
An application for a dismissal order under section 4 may be made at any time after the proceeding has commenced.
An application for a dismissal order under section 4 must be heard as soon as practicable.
An applicant or respondent may, before the hearing of the application,
call, out of court before an official reporter, the witness who swore or affirmed the affidavit for cross-examination on the witness's affidavit, and
cross-examine the witness on the witness's affidavit, provided that
the total period of cross-examination of all applicants in the proceeding does not exceed 7 hours in duration, and
the total period of cross-examination of all respondents in the proceeding does not exceed 7 hours in duration.
The court may extend the period permitted for cross-examination under subsection (5) if the court considers it necessary in the interests of justice.
An appeal of a dismissal order under this Act to the Court of Appeal must be heard as soon as practicable.
This section applies if a respondent has commenced an administrative proceeding that the applicant believes to be related to the same matter of public interest alleged by the applicant to be the basis of the proceeding that is the subject of the applicant's application for a dismissal order under section 4.
The applicant may serve the tribunal with a copy of the notice of the application for the dismissal order.
Service by the applicant on the tribunal under subsection (2) operates as a stay of the administrative proceeding.
The tribunal must give to each party a notice of the stay and a copy of the notice of the application that was served on the tribunal.
A stay of an administrative proceeding under subsection (3) remains effective until
the application for a dismissal order, including any appeals, has been finally resolved, or
an earlier date, if, on application, the court considers that
the proceeding that is the subject of the application for a dismissal order and the administrative proceeding that was stayed under subsection (3) are not connected enough to warrant a stay, or
the stay is causing, or would likely cause, a party undue hardship.
An application for the costs of any proceeding under this section must be heard only on the basis of written submissions unless
the tribunal is satisfied that a party would suffer significant prejudice if the tribunal did not allow oral submissions, or
the applicant and respondent consent to oral submissions and the tribunal agrees.
The remedies under this Act are in addition to any other right or remedy that may be available to an applicant or a respondent.
Section 5 of the Offence Act does not apply to this Act.
This Act comes into force on the date of Royal Assent.