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The Provincial Court Amendment Act

S.M. 1989-90, c. 34

Bill 70, 2nd Session, 34th Legislature

The Provincial Court Amendment Act

(Assented to March 8, 1990)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C275 amended

1           The Provincial Court Act is amended by this Act.

Section 1 amended

2           Section 1 is amended by adding the following in alphabetical order within the section:

"court" means the Provincial Court of Manitoba. («tribunal»)

Section 3 rep. and sub.

3           Section 3 is repealed and the following is substituted:

Appointment of Judges

L.G. in C. may appoint judges

3(1)        The Lieutenant Governor in Council may appoint such persons as he or she considers necessary as judges of the court, in accordance with the provisions of this Act.

Qualifications

3(2)        No person shall be appointed a judge unless the person

(a) is a member in good standing of the Law Society of Manitoba;

(b) is entitled to practise as a barrister and solicitor in Manitoba; and

(c) has practised as a barrister or solicitor in Manitoba for not less than five years, or has other equivalent experience.

Holding office during good behaviour

3(3)        Except as otherwise provided in this Act, the Chief Judge and any other person who is appointed as a full time judge under this Act shall

(a) hold office during good behaviour; and

(b) while the person serves as a judge, reside in the province.

Appointment from list of candidates

3.1(1)      An appointment under subsection 3(1) shall be made from a list of candidates that is recommended by a nominating committee convened under subsection (2).

Convening of nominating committee

3.1(2)      Where the minister advises the Chief Judge that an appointment is to be made under subsection 3(1), the Chief Judge shall convene a nominating committee, to be known as the Judicial Nominating Committee, composed of

(a) the Chief Judge, who shall be chairperson of the committee;

(b) three persons, who are not lawyers, judges or retired judges, appointed by the Lieutenant Governor in Council;

(c) a judge designated by the judges of the Provincial Court;

(d) a person designated by the president of The Law Society of Manitoba;

(e) a person designated by the president of the Manitoba Branch of The Canadian Bar Association.

Duties of nominating committee

3.1(3)      A nominating committee shall

(a) subject to subsection 3(2), establish criteria for the selection of candidates for appointment under subsection 3(1);

(b) advertise for applications and nominations of candidates, in such manner as it may decide;

(c) accept applications and nominations, in such form as it may decide, of candidates; and may invite persons to make application;

(d) evaluate, in such manner as it considers advisable, the application of a candidate, and the nomination of a candidate who consents to his or her nomination;

(e) provide the minister with a list of not fewer than three and not more than six different candidates, who shall not be ranked, for each available position, that the nominating committee recommend as qualified for appointment under subsection 3(1).

Minister may request additional name

3.1(4)      Where a candidate named in a list provided to the minister under clause (3)(e) is not willing or able to accept an appointment under subsection 3(1), the minister may ask the nominating committee to recommend another candidate, and the nominating committee may recommend a candidate that it considered in preparing the list, or may advertise for new candidates, or both.

Interviews and consultations

3.1(5)      A nominating committee may interview candidates, and may consult such persons as it considers necessary in respect of a candidate.

Confidentiality of information

3.1(6)       A nominating committee shall conduct its proceedings in private, and the members shall maintain secrecy in respect of information obtained from or about a candidate.

Report to minister

3.1(7)      Notwithstanding subsection (6), a nominating committee may report to the minister on the process of selecting candidates for judicial appointment, and any such report shall not divulge information that identifies a candidate or a person from whom the nominating committee obtains information about a candidate.

Section 8 rep. and sub.

4           Section 8 is repealed and the following is substituted:

Chief Judge

Appointment of Chief Judge

8(1)        The Lieutenant Governor in Council shall appoint a person as Chief Judge and, where the person is not a judge of the court, as a judge of the court, from a list of candidates that is recommended by a nominating committee convened under subsection 3.1(2).

Nominating committee

8(2)        Where an appointment is to be made under subsection (1), the minister shall appoint a person to convene and be chairperson of a nominating committee, which shall be composed of persons named under clauses 3.1(2)(b) to (e); and the minister shall advise the person of whether the nominating committee is to recommend only judges, or any person qualified under subsection 3(2).

Procedure

8(3)        A nominating committee convened under subsection (2) has the duties, and shall proceed in the manner, set out in section 3.1.

Duties of Chief Judge

8.1(1)      The Chief Judge

(a) has general supervisory powers in respect of judges, magistrates, justices of the peace and other staff in matters that are assigned by law to the court; and

(b) is responsible for the judicial functions of the court, including direction over sittings of the court and the assignment of judicial duties.

Chief Judge to investigate fitness

8.1(2)      The Chief Judge shall conduct an investigation respecting the fitness of a judge where he or she

(a) considers that an investigation is required; or

(b) is directed by the minister to conduct an investigation.

Chief Judge's report on investigation

8.1(3)      On completion of an investigation under subsection (2), the Chief Judge may

(a) take any corrective action that he or she considers necessary using the powers given to the Chief Judge under this Act; or

(b) file a report with the Judicial Council, which shall receive it as the report of an investigation on a complaint referred under subsection 29(2);

and shall submit a written report to the minister, setting out the nature of the investigation, the facts, the findings, any corrective action taken, and whether or not a report is filed under clause (b).

Resignation as Chief Judge

8.2         A person who is appointed as Chief Judge may at any time resign from the appointment as Chief Judge and thereafter carry out the functions of a judge of the court.

Section 9 rep. and sub.

5           Section 9 is repealed and the following is substituted:

Appointment of Associate Chief Judges

9           The Lieutenant Governor in Council may, on the recommendation of the minister, after consultation with the Chief Judge, appoint from among the judges such Associate Chief Judges as may be required for the proper administration of the court.

Subsection 10(1) rep. and sub.

6(1)        Subsection 10(1) is repealed and the following substituted:

Judge to devote full time to duties

10(1)       Subject to subsections (4) and (5), no judge appointed on a full-time basis shall

(a) carry on, engage in, practise or conduct a business, trade, profession or occupation; or

(b) act as a commissioner, arbitrator, adjudicator, umpire or mediator on a matter or proceeding, except with the approval of the Chief Judge.

Subsection 10(5) rep. and sub.

6(2)        Subsection 10(5) is repealed and the following substituted:

Acting as master or registrar of Q.B.

10(5)       Nothing in this section prevents a judge from acting, with the approval of the Chief Judge, as a master or deputy registrar of the Court of Queen's Bench.

Section 11.1 added

7           The following is added after subsection 11(2):

Compensation committee established

11.1(1)     The minister shall, once every two years, commencing in 1990, cause a compensation committee, to be known as the Judicial Compensation Committee, to be established to review, determine and report to the minister on, the salaries and benefits payable to judges, including pensions, vacations, sick leave, travel expenses and allowances.

Composition of compensation committee

11.1(2)     A compensation committee established under subsection (1) shall be appointed by the Lieutenant Governor in Council and shall consist of a person designated by the judges of the court, and two persons, one of whom shall not be a civil servant, designated by the minister; and the Lieutenant Governor in Council shall designate one of the persons as chairperson of the compensation committee.

Powers of compensation committee

11.1(3)     A compensation committee appointed under subsection (2) has such powers of commissioners appointed under Part V of The Manitoba Evidence Act as the Lieutenant Governor in Council may direct, and has the protection and privileges of commissioners so appointed.

Minister to table report

11.1(4)     A report submitted under subsection (1) shall, within 30 days after it is submitted, be tabled by the minister in the Legislature if it is in session, and if the Legislature is not in session, not later than 30 days after the opening of the next session of the Legislature.

Referral of report to committee

11.1(5)     A report that is tabled in the Legislature under subsection (4) shall be referred, within 30 days of being tabled, to a standing committee of the Legislature to report, within 60 days or such time as the Legislative Assembly may direct, on the recommendations of the compensation committee.

Implementation of report

11.1(6)     Where the Legislative Assembly receives and votes on the report of a standing committee that is received under subsection (5), the government shall proceed to implement the report in accordance with the vote of the Legislative Assembly, and all Acts, regulations and administrative practices shall be deemed to be amended as necessary to implement the report.

Section 39.1 added

8           The following is added after section 39:

Chief Judge

Suspension of Chief Judge

39.1(1)      Where the Judicial Council decides under subsection 31(2) to hold an inquiry in respect of a complaint against the Chief Judge, the Judicial Council may suspend the appointment of the Chief Judge as Chief Judge of the court, or as a judge of the court, or both, until the Judicial Council makes an order or decision in respect of the complaint.

Suspension by Judicial Council after hearing

39.1(2)     Where, after an inquiry, an order of suspension is made under clause 36(1)(b) in respect of the Chief Judge, the Judicial Council may order the suspension of the Chief Judge as a judge of the court or as the Chief Judge, or both, for a specified period of time.

Revocation of appointment

39.1(3)     Where the Judicial Council, after an inquiry, suspends the Chief Judge and the time for appeal expires, or an appeal from the suspension is dismissed, the Lieutenant Governor in Council may, on the recommendation of the Judicial Council, revoke the appointment of the Chief Judge as Chief Judge of the court, or as a judge of the court, or both.

Coming into force

9           This Act comes into force on the day it receives royal assent.