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- How does jury duty work in BC?
- What might make your employee ineligible for jury service?
- Can you request an exemption from jury service?
- Adjustments employers are expected to make for jury service
- Do you have to pay your employees away on jury duty?
- Will the court reimburse businesses for staff cover
- Reduce jury duty stress with absence management software
Staff shortages can cause all manner of headaches for employers in British Columbia, and jury duty can come as a surprise to businesses that aren't prepared. With a thorough understanding of how jury duty works in British Columbia, however, you can stay on top of absence management and give your staff the information they need to understand how jury service affects their pay, with peace of mind that their employment is protected.
How does jury duty work in BC?
As part of the judiciary system in Canada and British Columbia, a group of people may be summoned to act as jurors on an active trial. This means they will be responsible as a group for deliberating and ultimately deciding on the verdict for whether the accused is innocent or guilty.
Citizens of British Columbia might be summoned at any time to participate, provided they are over 19 and proficient in English or French depending on the trial. Jurors do not have to manually register for duty. They are selected at random from the registry of eligible candidates in British Columbia.
British Columbians can serve on a jury multiple times in their lives, however they will never be summoned a second time within 2 years of the first instance.
What might make your employee ineligible for jury service?
As mentioned above, Canadian citizens aged 19 or older who reside in British Columbia and can understand the language of the trial may be eligible for jury service. There are, however, certain disqualifying factors that could prevent your employees from serving:
Certain occupations: Employees working in roles such as police officers, lawyers, court officials or correctional officers.
Criminal charges or convictions: Employees currently charged with or convicted of certain offences under the Criminal Code, Cannabis Act or Controlled Drugs and Substances Act, subject to applicable pardon or record suspension provisions.
Certain health conditions: Employees with a mental or physical condition that is incompatible with performing the duties of a juror.
This list isn't exhaustive, and eligibility is determined under British Columbia's Jury Act and related regulations. However, it should give you a better understanding of which employees may be ineligible for jury service so you can prepare accordingly.
Can you request an exemption from jury service?
As an employer, you cannot request an exemption on your employee's behalf. You also cannot pressure employees to seek an exemption or penalize them for fulfilling their jury service obligations.
However, your employees may ask you whether they can apply for an exemption or deferral. Understanding the process can help you provide guidance while leaving the decision to the appropriate court authorities.
Exemptions are assessed on a case-by-case basis, with decisions made by the sheriff or, if an application is refused, the court. The exception is for individuals aged 65 or over, whose exemption requests are automatically accepted.
The two main grounds for requesting an exemption are:
Belonging to a religion or religious order whose beliefs or practices are incompatible with serving on a jury.
Being in a position where jury service would cause serious financial or personal hardship or loss, either to the individual or to others.
Exemptions can be requested online or by mail. If an exemption is denied, your employee must attend jury selection as summoned, where they may ask the judge to reconsider their request.
Adjustments employers are expected to make for jury service
As an employer, you're required to allow employees time off to attend jury selection and serve on a jury, without deducting this time from their sick leave or vacation entitlements. This leave is generally unpaid unless otherwise agreed. You can also request reasonable proof of their jury service obligations, such as a copy of their jury summons.
Providing this time off is a legal requirement in British Columbia, and failing to do so could result in penalties or other legal consequences. You must not penalize employees for participating in jury service, including terminating their employment or changing their working conditions without their written consent.
Employees must also be allowed to return to their previous position, or a comparable one, when their jury service ends.
Do you have to pay your employees away on jury duty?
In British Columbia, you are not required to offer paid leave to employees completing jury duty. You may choose to make a separate arrangement to support your employees financially, but this is at the employer's discretion.
Individuals selected to serve on a jury are paid a daily rate by the court, depending on the length of the trial:
First 10 days: $20 per day
Days 11–49: $60 per day
Day 50 onwards: $100 per day
Employees who attend jury selection but aren't selected to serve are not entitled to these daily payments.
The benefits provided under your employees' employment contracts should generally continue during jury duty. Their service remains continuous for calculating vacation entitlements, wage increases, pension contributions and other benefits. Where employees contribute towards a benefit plan, they may need to continue making their share of the contributions to maintain coverage.
Will the court reimburse businesses for staff cover
In British Columbia, courts do not generally reimburse businesses for the costs of arranging cover for employees serving on a jury. It's the employer's responsibility to make the necessary staffing arrangements.
Many trials are relatively short, although some can last several weeks or longer, so it's important to prepare for the possibility of an extended absence.
Under British Columbia's Jury Act, jurors are generally summoned at least 15 days before their required attendance, giving you time to plan for potential staff shortages. However, shorter notice may be possible in certain circumstances.
Arranging cover for jury duty can be approached in much the same way as planning for an employee's vacation, although the duration of jury service may be less predictable.
Reduce jury duty stress with absence management software
Absences for any reason, whether that's jury duty, sickness, vacation or bereavement, can cause disruption for businesses unequipped to handle them.
That's where BrightHR comes in. With a comprehensive suite of HR tools, including absence management software, you can keep on top of employee absences and fill open shifts quickly and easily.
Access your employee calendar from anywhere with the BrightHR app, make changes and receive instant notifications of absences. Included in your package is also 24/7 employment relations advice, so you can chat with an expert to discuss matters like jury duty whenever you need to.