2 (1) The minister may appoint under the Public Service Act

(a) persons, or persons within a class of persons, to be probation officers, and

(b) other officers and employees the minister considers necessary to exercise powers and perform duties under this Act.

(2) In an appointment under subsection (1), the minister may

(a) limit the powers and duties that a person, officer or employee may exercise under this Act, and

(b) make the appointment subject to terms and conditions.

(3) Persons, officers and employees appointed to exercise powers and perform duties under this Act are peace officers while exercising those powers and performing those duties.

(4) Subsection (3) does not apply to the director or an employee of the Investigation and Standards Office.

3 (1) Despite the Public Service Act, the minister may appoint persons required for the purposes of this Act to meet an actual or impending emergency.

(2) On request by a court and with the approval of the minister, a person may exercise the powers and perform the duties of a probation officer without remuneration for the purposes and in the geographic area of British Columbia specified in the approval.

4 (1) Subject to any limitations, terms and conditions imposed on the appointment under section 2 (2), a probation officer

(a) is a probation officer for all of British Columbia,

(b) is an officer of every court in British Columbia,

(c) must prepare reports for the court as the court may order,

(d) has power to procure and report information for the court in respect of a person convicted by the courts,

(e) is, if appointed a parole supervisor under the Corrections and Conditional Release Act (Canada), a peace officer under the jurisdiction of the government,

(f) must supervise parolees paroled under the Parole Act,

(g) is, if attached to the staff of a correctional centre, subject to the directions of the person in charge of the correctional centre, and must assist in casework services and post--release planning for inmates, and

(h) has the additional prescribed powers and duties.

(2) A probation officer is responsible for the supervision of

(a) persons placed on probation by a court, and

(b) persons subject to conditional sentences imposed by a court.

(3) A probation officer charged with the supervision of a person on whom the passing of sentence was suspended, or who is subject to a probation order or a conditional sentence, may report to the court or prosecutor if the person fails to carry out the terms

(a) on which the passing of sentence was suspended,

(b) of the probation order, or

(c) of the conditional sentence.

5 (1) No action for damages lies or may be brought against a person holding an appointment under section 2 (1) (a) or (b) because of anything done or omitted

(a) in the performance or intended performance of a duty under this Act, or

(b) in the exercise or intended exercise of a power under this Act

unless the thing was done or omitted in bad faith.

(2) Subsection (1) does not absolve the government from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.

6 In recognition of the contribution to public safety that is made by staff members, the minister may issue medals for long service.

June 6, 2004