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The Provincial Court Amendment and Consequential Amendments Act

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If you need an official copy, contact Statutory Publications.

S.M. 1997, c. 42

THE PROVINCIAL COURT AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


 

(Assented to June 28, 1997)

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.

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

"justice of the peace" means a person who is designated as a justice of the peace or a senior justice of the peace under Part V of this Act; (« juge de paix »)

3(1)      Clause 7(b) is amended by striking out "magistrate, two justices of the peace sitting together" and substituting "justice of the peace".

3(2)      Clause 7(c) is amended

(a) by striking out "magistrate, provincial magistrate or one or more justices of the peace" and substituting "justice of the peace"; and

(b) by adding "and" at the end.

3(3)      Clause 7(d) is repealed.

4         Clause 8.1(a) is amended by striking out "magistrates, justices of the peace and other staff" and substituting "justices of the peace and staff".

5         Section 15 is repealed.

6         Section 18 is repealed.

7         Section 27 is amended

(a) in the definition "misconduct", by adding "and" at the end of clause (a), by striking out "and" at the end of clause (b) and by repealing clause (c); and

(b) by adding the following definition in alphabetical order:

"incapacity" means the inability of a judge to perform his or her duties as a result of a physical or mental condition or disorder; (« incapacité »)

8         Subsection 28(1) is amended by adding "or the incapacity of a judge," after "misconduct by a judge".

9 Section 30 is amended by adding "or the incapacity of a judge" after "misconduct by a judge".

10        Subsection 32(1) is amended

(a) by adding "or incapacity of judges" after "misconduct by judges"; and

(b) by striking out "of misconduct against judges".

11        Section 34 is amended in the part preceding clause (a) by striking out "relating to misconduct by the judge that arises" and substituting "arising in respect of the judge's misconduct or incapacity".

12        Clause 35(1)(c) is amended by adding "or incapacity" after "misconduct".

13        Clause 36(1)(c) is amended by adding "or incapacity" after "the alleged misconduct".

14(1)     Subsection 39.1(1) is amended

(a) in the part preceding clause (a), by striking out "judge," and substituting "judge or that the judge is incapacitated"; and

(b) by repealing clause (g).

14(2)     The following is added after subsection 39.1(2):

Disposition re incapacitated judge

39.1(2.1) If the council finds that a judge is incapacitated, it may recommend to the minister that the judge be retired from office.

14(3)     Subsection 39.1(3) is amended

(a) by striking out "clause (1)(g)" and substituting "subsection (2.1)"; and

(b) by adding "and the judge is receiving pay" after "office".

14(4)     Subsection 39.1(4) is amended by striking out "clause (1)(f), (g) or (h)" and substituting "clause (1)(f) or (h) or subsection (2.1)".

15        Section 39.4 is amended by striking out "clause 39.1(1)(g) or (h)" and substituting "clause 39.1(1)(h) or subsection 39.1(2.1)".

16        Subsection 39.5(3) is amended in the part following clause (b) by striking out "judge," and substituting "judge or that the judge is incapacitated,".

17        Clause 39.9(2)(a) is amended by striking out "of misconduct".

18        Parts V and VI are repealed and the following is substituted:

PART V

JUSTICES OF THE PEACE

Definitions

40        In this Part,

"administrator" means the person appointed as administrator under subsection 77(1); (« administrateur »)

"civil servant" means an individual who is an employee as defined in The Civil Service Act; (« fonctionnaire »)

"incapacity" means incapacity as defined in section 27, with necessary modifications; (« incapacité »)

"misconduct" means misconduct as defined in section 27, with necessary modifications; (« inconduite »)

"senior justice of the peace" means a person designated as a senior justice of the peace under subsection 41(2). (« juge de paix principal »)

APPOINTMENT

Appointment of justice of the peace

41(1)     The Lieutenant Governor in Council may appoint a person as a justice of the peace in accordance with the provisions of this Part.

Designation

41(2)     In the order of appointment, the Lieutenant Governor in Council shall designate the person as a senior justice of the peace or a justice of the peace.

Residency requirement

42        No person shall be appointed a justice of the peace unless the person is a resident of the province.

Ineligibility

43        A person may not hold office as a justice of the peace if the person

(a) serves or executes a civil process, including as a sheriff or as a bailiff;

(b) holds a practising certificate under The Law Society Act;

(c) preserves and maintains the public peace, including as a peace officer;

(d) acts as a prosecutor, except in a private prosecution, for an offence created by any federal or provincial statute or regulation or municipal by-law;

(e) issues any offence notice;

(f) works or volunteers in a penitentiary or correctional institution, including as a warden or a guard; or

(g) serves as an administrative support person to a person referred to in clauses (a) to (f).

Senior justice of the peace not a civil servant

44        A person may not hold office as a senior justice of the peace if the person is a civil servant.

Appointment from list of candidates

45(1)     An appointment under subsection 41(1) shall be made from a list of candidates that is recommended by a nominating committee convened under subsection (2).

Convening of nominating committee

45(2)     When an appointment is to be made under subsection 41(1), the minister shall advise the Chief Judge, who shall convene a nominating committee, to be known as the Justice of the Peace Nominating Committee, composed of

(a) the Chief Judge or his or her judicial designate, who shall be chairperson of the committee; and

(b) two persons other than the person referred to in clause (a), designated by the minister.

Duties of nominating committee

45(3)     A nominating committee shall

(a) subject to sections 42 and 43, establish criteria for the selection of candidates for appointment under subsection 41(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 may decide, the application of a candidate, and the nomination of a candidate who consents to his or her nomination;

(e) if the nominating committee finds that at least one candidate is qualified for appointment under subsection 41(1), provide the minister with a list of not fewer than one and not more than three qualified candidates who are the most qualified for each available position, but the candidates shall not be ranked on the list provided to the minister; and

(f) if the nominating committee finds that no candidate is qualified, advise the minister of this fact and advertise for new candidates.

Provisions applicable to nominating committee

45(4)     Subsections 3.1(4), (5), (6) and (7) apply to the Justice of the Peace Nominating Committee with necessary modifications.

Civil Service Act not applicable

46        For greater certainty, the appointment of a senior justice of the peace or a justice of the peace under subsection 41(1) or the revocation of an appointment under this Part, is not pursuant to The Civil Service Act and neither the appointment nor the revocation of the appointment is grievable, arbitrable or appealable.

Oaths or affirmations

47        Every justice of the peace shall take and subscribe the oath or affirmation of allegiance and oath or affirmation of office in accordance with section 4, with necessary modifications.

Senior justice of the peace holds office during good behaviour

48        Every senior justice of the peace holds office during good behaviour and may be removed only in accordance with the provisions in this Part.

Resignation

49        A justice of the peace may resign from his or her office by delivering a signed letter of resignation to the Chief Judge, and the Chief Judge shall deliver it to the minister.

Senior justice of the peace remains seized

50        Subsection 6(1) (continuation of matters before resigning judges) and subsection 6(2) (death etc. of judge) apply to a senior justice of the peace, with necessary modifications.

Residence

51(1)     Upon appointment, a justice of the peace shall reside in, or in the vicinity of, the area of the province that the Lieutenant Governor in Council directs.

Moving residence

51(2)     If a justice of the peace moves outside the area in which he or she is directed to live under subsection (1), the minister may, after consulting with the Chief Judge, recommend to the Lieutenant Governor in Council that the appointment of the justice of the peace be revoked.

JURISDICTION

Jurisdiction

52(1)     A justice of the peace has jurisdiction throughout Manitoba.

Duties and powers of justice of the peace

52(2)     Subject to subsections (3) to (5), a justice of the peace shall perform the duties and exercise the powers that are conferred or imposed on a justice of the peace by or under

(a) an Act of the Legislature;

(b) an Act of the Parliament of Canada; or

(c) a municipal by-law.

Assignment by Chief Judge

52(3)     Subject to subsection (4), the Chief Judge may assign specific powers and duties to a senior justice of the peace or a justice of the peace and may change assignments from time to time.

Presiding at a trial

52(4)     Only a senior justice of the peace may be assigned to preside at the trial of an offence under an Act of the Legislature or of the Parliament of Canada or under a regulation or by-law made under the authority of such an Act.

Restriction

52(5)     Where an assignment is made under subsection (3), the senior justice of the peace or the justice of the peace shall exercise and perform only the powers and duties assigned.

Assignments available for public inspection

52(6)     A copy of an assignment made under subsection (3) shall be available to the public during normal business hours of the court.

REMUNERATION

Remuneration

53(1)     A justice of the peace who is not a civil servant shall be paid a salary or other remuneration and, where applicable, benefits in accordance with the regulations.

Remuneration if justice of the peace a civil servant

53(2)     A justice of the peace who is a civil servant shall be paid a salary or other remuneration and, where applicable, benefits as provided for members of the civil service of the province.

COMPLAINTS

Complaints

54(1)     Any person may make a complaint to the Chief Judge alleging misconduct by a justice of the peace or the incapacity of a justice of the peace, and the complaint shall be dealt with in accordance with this Part.

Form of complaint

54(2)     A complaint shall be in writing and signed by the complainant.

Assistance to public

54(3)     Upon request, the administrator shall arrange for the provision of assistance to any person in the preparation of a complaint.

Referral of complaint to Associate Chief Judge

55        On receiving a complaint, the Chief Judge shall designate an Associate Chief Judge to deal with the complaint as set out in this Part.

Notice to justice of the peace

56        Within seven days after receiving the complaint, the Chief Judge shall give a copy of the complaint to the justice of the peace who is the subject of the complaint and advise the justice of the peace as to the name of the Associate Chief Judge who shall deal with the complaint.

Reassignment of justice of the peace

57        After a complaint is made about a justice of the peace, the Chief Judge may assign different powers to the justice of the peace under subsection 52(3) or may reassign him or her to administrative duties or to a different location until the complaint is finally disposed of.

Request to investigate other matters

58        In addition to requesting that an Associate Chief Judge investigate a complaint received under section 54, the Chief Judge may request that an Associate Chief Judge investigate any matter respecting misconduct by a justice of the peace or the incapacity of a justice of the peace that comes to the attention of the Chief Judge, and the matter shall be dealt with as a complaint under this Part.

Investigation by Associate Chief Judge

59(1)     On referral of a complaint, the Associate Chief Judge shall consider the matter and may hold any hearings and make any investigations or inquiries that he or she considers appropriate.

Proceedings private

59(2)     The Associate Chief Judge shall investigate the complaint in private.

Powers and protection under The Evidence Act

59(3)     In considering a complaint, the Associate Chief Judge has all the powers of a commissioner appointed under Part V of The Manitoba Evidence Act, and the Associate Chief Judge and persons engaged by him or her have all the protection of commissioners appointed under Part V of that Act.

Investigation of other matters

60        The Associate Chief Judge may investigate any other matter relating to misconduct by the justice of the peace or the incapacity of the justice of the peace that arises in the course of an investigation and, if the Associate Chief Judge does so,

(a) he or she shall give notice to the justice of the peace and the Chief Judge; and

(b) the matter shall be dealt with as a complaint under this Part.

COMPLAINTS ABOUT SENIOR JUSTICES OF THE PEACE AND JUSTICES OF THE PEACE WHO ARE NOT CIVIL SERVANTS

Sections 62 to 71 apply

61        Sections 62 to 71 apply when a complaint is made about a senior justice of the peace or a justice of the peace who is not a civil servant.

Disposition by Associate Chief Judge

62(1)     After considering the complaint, the Associate Chief Judge may

(a) resolve the complaint, if he or she obtains the written agreement of the complainant and the justice of the peace;

(b) dismiss the complaint; or

(c) make a disposition in accordance with subsections (2) and (3).

Dispositions if misconduct or incapacity found

62(2)     If the Associate Chief Judge finds that there has been misconduct by the justice of the peace or that the justice of the peace is incapacitated, the Associate Chief Judge may

(a) warn the justice of the peace;

(b) reprimand the justice of the peace;

(c) order that, as a condition of continuing to hold office, the justice of the peace apologize to the complainant or to any other person;

(d) order that, as a condition of continuing to hold office, the justice of the peace take specified measures, such as receiving education or treatment, with or without requiring the justice of the peace to take a leave of absence, and with or without pay;

(e) recommend to the Chief Judge that the person be assigned different powers under subsection 52(3);

(f) suspend the justice of the peace with pay for any period;

(g) suspend the justice of the peace without pay for up to 30 days;

(h) recommend to the minister that the justice of the peace be removed from office and suspend the justice without pay until the justice of the peace is removed from officer under section 70.

Combination of dispositions

62(3)     The Associate Chief Judge may make any combination of the dispositions set out in clauses (2)(a) to (g).

Disposition re incapacitated justice of the peace

62(4)     If the Associate Chief Judge finds that a justice of the peace is incapacitated, the Associate Chief Judge may recommend to the minister that the justice be retired from office.

Notice of disposition

63(1)     The Associate Chief Judge shall give the justice of the peace who is the subject of the complaint, the complainant and the Chief Judge a copy of his or her disposition and reasons within 60 days after the date the complaint was received.

Disposition public

63(2)     If the Associate Chief Judge makes a disposition under subsection 62(2) or (4), the administrator shall make a copy of the disposition and reasons available for public inspection, but if the complaint involves an allegation of sexual misconduct or sexual harassment by the justice of the peace, the Associate Chief Judge may direct that the copy of the disposition that is made available to the public not disclose the identity of the complainant or any information that could disclose the identity of the complainant.

Referral to Chief Judge

64(1)     If the justice of the peace against whom the disposition is made, or the complainant, is dissatisfied with a disposition by the Associate Chief Judge under section 62, the person may in writing refer the complaint to the Chief Judge within 30 days after receiving a copy of the disposition.

Notice of referral

64(2)     On receiving a referral under subsection (1), the Chief Judge shall give notice of the referral to the justice of the peace, the complainant and the Associate Chief Judge.

Stay pending Chief Judge's referral

65        The Chief Judge may, on application, stay a disposition by the Associate Chief Judge under clause 62(2)(g) or (h) or subsection 62(4) pending completion of the referral.

Consideration of complaint by Chief Judge

66(1)     The Chief Judge shall consider the complaint and may review the disposition by the Associate Chief Judge and may hold any hearings and make such investigations or inquiries, as he or she considers appropriate.

Proceedings private

66(2)     The Chief Judge shall investigate the complaint in private.

Powers and protection under Evidence Act

66(3)     In considering a complaint, the Chief Judge has all the powers of a commissioner appointed under Part V of The Manitoba Evidence Act, and the Chief Judge and persons engaged by him or her have all the protection of commissioners appointed under Part V of that Act.

Investigation of other matters

67        The Chief Judge may investigate any other matter relating to misconduct by the justice of the peace or the incapacity of the justice of the peace that arises in the course of an investigation and, if the Chief Judge does so,

(a) he or she shall give notice to the justice of the peace and the Associate Chief Judge; and

(b) the matter shall be dealt with as a complaint under this Part.

Decision of Chief Judge

68(1)     After considering the complaint, the Chief Judge may make any decision that the Associate Chief Judge could have made, and section 62 (disposition by Associate Chief Judge) applies with necessary modifications to the decision of the Chief Judge.

Pay

68(2)     The Chief Judge may order that all or part of any pay not paid to a justice of the peace because of a suspension imposed by an Associate Chief Judge be paid to the justice of the peace, provided that the Chief Judge does not make a disposition referred to in clause 62(2)(g) or (h) or subsection 62(4).

Notice of decision

69        Section 63 (notice of decision) applies to the decision of the Chief Judge, with necessary modifications.

Order of the Lieutenant Governor in Council

70        If the Associate Chief Judge or the Chief Judge makes a recommendation under clause 62(2)(h) or subsection 62(4) and a referral or an appeal, as the case may be, has been dismissed or the time allowed for doing so has expired, the minister shall recommend to the Lieutenant Governor in Council that an order be made to remove or retire the justice of the peace from office, as the case may be, and to revoke the appointment of the justice of the peace.

Appeal to Queen's Bench

71(1)     The justice of the peace may, within 30 days after receiving a copy of the Chief Judge's decision, appeal to the Court of Queen's Bench a decision of the Chief Judge respecting a disposition referred to in

(a) clause 62(2)(g) (suspension without pay);

(b) clause 62(2)(h) (removal recommendation); or

(c) subsection 62(4) (retirement recommendation).

Appeal as fresh matter

71(2)     The hearing of the appeal shall be a fresh hearing and the court may consider any material or evidence considered by the Chief Judge and any other material or evidence that it considers relevant.

Stay pending appeal

71(3)     The decision of the Chief Judge remains in effect pending an appeal to the Court of Queen's Bench unless the Court, on application, stays the decision pending the appeal.

Powers of court on appeal

71(4)     The Court of Queen's Bench, on hearing the appeal may

(a) make any decision that the Chief Judge could have made; and

(b) order that all or part of any pay not paid to a justice of the peace because of a suspension or a retirement or removal recommendation be paid to the justice of the peace, provided that the court does not make a disposition referred to in clause 62(2)(g) or (h) or subsection 62(4).

COMPLAINTS ABOUT JUSTICES OF THE PEACE WHO ARE CIVIL SERVANTS

Sections 73 to 76 apply

72        Sections 73 to 76 apply when a complaint is made about a justice of the peace who is a civil servant.

Action by Associate Chief Judge

73        After considering a complaint against a justice of the peace who is a civil servant, the Associate Chief Judge may

(a) resolve the complaint, if he or she obtains the written agreement of the complainant and the justice of the peace;

(b) dismiss the complaint; or

(c) if the Associate Chief Judge finds that there has been misconduct by the justice of the peace or that the justice is incapacitated, make one or more recommendations as to a disposition from the dispositions set out in clauses 62(2)(a) to (e) and (h) or, in the case of incapacity, in subsection 62(4).

Report by Associate Chief Judge

74        The Associate Chief Judge shall report in writing to the Chief Judge as to his or her investigation, and the action taken or the recommendations made under section 73.

Notice to employing authority and complainant

75        The Chief Judge shall

(a) give a copy of the Associate Chief Judge's report, including recommendations, to the justice of the peace who is the subject of the complaint and to his or her employing authority, as defined in The Civil Service Act; and

(b) give a copy of any recommendation under clause 73(c) to the complainant.

Recommendation to remove or retire justice of the peace

76        Following an investigation and report by the Associate Chief Judge, and in addition to any other action which may be taken by the employing authority the Chief Judge may recommend to the minister that the justice of the peace be removed or retired from office, and in that case the minister shall recommend to the Lieutenant Governor in Council that an order revoking the appointment of the justice of the peace be made.

ADMINISTRATOR

Administrator

77(1)     The minister may appoint a civil servant as administrator for the purpose of performing the duties of the administrator under this Part, including

(a) providing administrative services for the Chief Judge and the Associate Chief Judge with regard to the complaint process set out in this Part;

(b) providing information to the public about the complaint process;

(c) receiving and giving notices and other documents on behalf of the Chief Judge or the Associate Chief Judge under this Part; and

(d) performing such other duties relating to the complaint process set out in this Part as the Chief Judge or the Associate Chief Judge may require.

Administrator also for Judicial Council

77(2)     The administrator appointed under subsection (1) may be the administrator referred to in section 38.

PART VI

GENERAL

Order in court

78        Every judge and justice of the peace has the same power and authority to preserve order in the court for which he or she presides as may be exercised by a judge of the Court of Queen's Bench.

Travelling expenses and allowances

79        Every judge and justice of the peace is entitled to such travelling and other expenses and allowances as may be established from time to time with respect to employees under The Civil Service Act.

Exemption from liability

80        Except as provided in this Act, no action shall lie or be instituted against a judge or justice of the peace for any act done by him or her in the execution of his or her duty as such unless the act was done maliciously and without reasonable and probable cause.

Partisan political activities forbidden

81        No judge or justice of the peace shall engage in any manner whatever in partisan political activities.

Extension of time for translations

82         Despite this or any other Act of the Legislature, for the purpose of allowing time for obtaining a translation from French into English or English into French of any document filed in the Provincial Court or served on a party in an action or proceeding in the Provincial Court, a judge or a justice of the peace may extend the time within which, or postpone the day before or by which, any further document is required to be filed in response or any proceeding is required to be taken under any Act of the Legislature.

Remitting of fines and costs

83        All fines and costs collected by a judge or justice of the peace shall be remitted without delay to the Minister of Finance or to whomever the same are lawfully payable.

Regulations

84(1)     The Lieutenant Governor in Council may make regulations

(a) respecting the returns and records to be made or kept by judges and justices of the peace;

(b) providing for the safekeeping, inspection and maintenance of books, documents and papers;

(c) prescribing seals for use by the Provincial Court;

(d) providing for pension benefits for judges and their surviving spouses and surviving children and for the transfer or other disposition of benefits in respect thereof to which persons appointed as judges under this Act were entitled as Manitoba government employees at the time of their appointment under this Act;

(e) specifying jurisdictions for the purpose of clause 37(2)(a);

(f) providing for and governing a classification plan for justices of the peace and adopting any classification plan made under The Civil Service Act;

(g) providing for and governing the salary or other remuneration to be paid to justices of the peace, or any class of justices of the peace, and adopting any pay plan made under The Civil Service Act;

(h) providing for eligibility for benefits and governing the benefits to which justices of the peace or any class of justices of the peace may be entitled, and may adopt any benefit plan made under The Civil Service Act;

(i) providing for the transfer or other disposition of benefits to which persons appointed under this Act as senior justices of the peace were entitled as Manitoba government employees at the time of their appointment under this Act;

(j) respecting such other matters as may be necessary or advisable to carry out the intent and purpose of this Act.

Application of The Civil Service Superannuation Act

84(2)     If no regulation made under clause (1)(d) is in force providing for pension benefits for judges and their surviving spouses and surviving children, The Civil Service Superannuation Act applies to full-time judges as though they were employees within the meaning of that Act.

TRANSITIONAL PROVISIONS

Transitional re magistrates and justices of the peace

19(1)     The Lieutenant Governor in Council, on the recommendation of the minister, may designate a person who, on the day before the coming into force of this section, held office as a justice of the peace or a magistrate, as a justice of the peace or a senior justice of the peace under Part V of The Provincial Court Act as enacted by this Act.

Undesignated justices of the peace

19(2)     A person appointed as a justice of the peace or magistrate before the coming into force of this section who is not designated under subsection (1) shall not exercise any authority or receive any remuneration as a justice of the peace.

Transitional re remuneration

20        Despite the repeal of Part V of The Provincial Court Act, R.S.M. 1987, c. C275, by this Act, section 41 of Part V of that Act is deemed to continue in force with respect to remuneration until the day that a regulation under clauses 84(1)(f),(g) and (h) comes into force, and shall apply to every appointment or designation of a justice of the peace under this Act.

CONSEQUENTIAL AMENDMENTS

"Magistrate" struck out

21        In the following Acts, "magistrate", with necessary grammatical and other modifications, is deemed to be struck out wherever it occurs in the identified provisions and their section headings:

(a) The Animal Husbandry Act, C.C.S.M. c. A90, in subsection 28(1) in the definition "authorized judicial officer", and in subsection 28(15);

(b) The Child and Family Services Act, C.C.S.M. c. C80, in subsections 21(3), 27(1), 29(1) and (2) and 53(2);

(c) The Court of Queen's Bench Small Claims Practices Act, C.C.S.M. c. C285, in clause 3(4)(f);

(d) The Registered Dietitians Act, C.C.S.M. c. D75, in subsection 34(14);

(e) The Elections Act, C.C.S.M. c. E30, in clause 11(1)(c);

(f) The Manitoba Evidence Act, C.C.S.M. c. E150, in clauses 62(1)(d) and 63(1)(b);

(g) The Forest Act, C.C.S.M. c. F150, in section 36;

(h) The Professional Home Economists Act, C.C.S.M. c. H70, in subsection 34(14);

(i) The Hotel Keepers Act, C.C.S.M. c. H150, in section 5;

(j) The Professional Interior Designers Institute of Manitoba Act, C.C.S.M. c. I57, in subsection 31(14);

(k) The Jury Act, C.C.S.M. c. J30, in clause 3(f);

(l) The Justice for Victims of Crime Act, C.C.S.M. c. J40, in section 6, in the definition "judge";

(m) The Land Surveyors Act, C.C.S.M. c. L60, in subsection 48(3);

(n) The Legislative Assembly Act, C.C.S.M. c. L110, in section 14;

(o) The Northern Affairs Act, C.C.S.M. c. N100, in section 2;

(p) The Occupational Therapists Act, C.C.S.M. c. O5, in subsection 34(14);

(q) The Ombudsman Act, C.C.S.M. c. O45, in clause 18(b);

(r) The Physiotherapists Act, C.C.S.M. c. P65, in subsection 35(14);

(s) The Licensed Practical Nurses Act, C.C.S.M. c. P100, in subsection 36(14);

(t) The Registered Psychiatric Nurses Act, C.C.S.M. c. P170, in subsection 37(14);

(u) The Manitoba Public Insurance Corporation Act, C.C.S.M. c. P215, in subsection 59(3);

(v) The Public Officers Act, C.C.S.M. c. P230, in subsection 21(3);

(w) The Registered Nurses Act, C.C.S.M. c. R40, in subsection 36(14);

(x) The Registered Respiratory Therapists Act, C.C.S.M. c R115, in subsection 39(14);

(y) The Summary Convictions Act, C.C.S.M. c. S230, in section 1, in the definition of "justice";

(z) The Wildlife Act, C.C.S.M. c. W130, in the part of section 76 following clause (b), and in section 79;

(aa) The City of Winnipeg Act, S.M. 1989-90, c. 10, in clause 90(1)(b) and in Schedule D, subsection 21(1).

"Justice" substituted for "magistrate"

22        In the following Acts, "magistrate", with necessary grammatical and other modifications, is deemed to be struck out wherever it occurs in the identified provisions and their section headings and "justice" is deemed to be substituted, with necessary grammatical and other modifications:

(a) The Construction and Industry Wages Act, C.C.S.M. c. C190, in subsection 18(1);

(b) The Dental Association Act, C.C.S.M. c. D30, in section 37;

(c) The Employment Standards Act, C.C.S.M. c. E110, in the part of subsection 15(3) following clause (d), and in subsections 17(2), 19(1) and (2) and 20(1);

(d) The Gasoline Tax Act, C.C.S.M. c. G40, in subsections 30(6) and (7);

(e) The Highway Traffic Act, C.C.S.M. c. H60, in subsections 151(3), (4), (5), (6) and (7), and in clause 267(b);

(f) The Income Tax Act, C.C.S.M. c. I10, in subsection 5(26);

(g) The Marriage Act, C.C.S.M. c. M50, in subsection 19(3);

(h) The Motive Fuel Tax Act, C.C.S.M. c. M220, in subsections 29(3) and (4);

(i) The Natural Products Marketing Act, C.C.S.M. c. N20, in subsection 37(4) and in section 39;

(j) The Naturopathic Act, C.C.S.M. c. N80, in section 17;

(k) The Public Health Act, C.C.S.M. c. P210, in subsection 19(6);

(l) The Real Estate Brokers Act, C.C.S.M. c. R20, in clause 36(b);

(m) The Retail Sales Tax Act, C.C.S.M. c. R130, in the part of subsection 24(6) following clause (c);

(n) The Interprovincial Subpoena Act, C.C.S.M. c. S212, in section 1, in the definition "court";

(o) The Taxicab Act, C.C.S.M. c. T10, in subsections 4(3), (4) and (5).

"Justice of the peace" substituted for "magistrate"

23        In the following Acts, "magistrate", with necessary grammatical and other modifications, is deemed to be struck out wherever it occurs in the identified provisions and their section headings and "justice of the peace" is deemed to be substituted, with necessary grammatical and other modifications:

(a) The Corrections Act, C.C.S.M. c. C230, in subsection 27(1);

(b) The Family Maintenance Act, C.C.S.M. c. F20, in section 40.1, in the Division heading preceding section 46.1, in section 46.1, in subsections 46.2(1), (2), (3) and (4) and 46.3(1), (2) and (3), in section 46.5 and in subsection 57.2(1), in the definition "justice";

(c) The Payment of Wages Act, C.C.S.M. c. P31, in subsection 17(3);

(d) The Planning Act, C.C.S.M. c. P80, in subsection 81(3) and in section 83.

C.C.S.M. c. A50 amended

24        Subsection 12(8) of The Agrologists Act is amended

(a) by striking out "magistrate or"; and

(b) by striking out ", or under the hand of the clerk of the magistrate's court,".

C.C.S.M. c. C100 amended

25        Section 44 of The Chiropractic Act is amended

(a) by striking out ", magistate"; and

(b) by striking out "or magistrate's court".

C.C.S.M. c. C330 amended

26        Clauses 4(c) and 5(1)(b) of The Crown Attorneys Act are amended by striking out "magistrate or justice of the peace" and substituting "justice".

C.C.S.M. c. F80 amended

27(1)     The Fires Prevention Act is amended by this section.

27(2)     Section 16 is amended by striking out "magistrate or justice of the peace" and substituting "justice".

27(3)     Subsection 22(7) is amended by striking out "magistrate or a justice of the peace" and substituting "justice".

27(4)     Subsection 29(5) is amended by striking out "or magistrate".

27(5)     Section 51 is amended

(a) by striking out "jurisdiction of a magistrate" and substituting "jurisdiction of a justice"; and

(b) by striking out "him or a magistrate" and substituting "him or her or before a justice".

C.C.S.M. c. H35 amended

28        Section 44 of the English version of The Health Services Insurance Act is amended by striking out "magistrate" and substituting "justice".

C.C.S.M. c. I80 amended

29        Subsection 22(1) of The Interpretation Act is amended

(a) by repealing the definition "justice" and substituting the following:

"justice" means a justice of the peace and includes a provincial judge; (« juge »)

(b) by striking out the definition ""magistrate" or "police magistrate"".

C.C.S.M. c. L100 amended

30        Subsection 49(9) of The Law Society Act is amended by striking out "magistrate or justice of the peace, or under the hand of the clerk of the magistrate's court" and substituting "justice".

C.C.S.M. c. L120 amended

31        Clause (c) of the definition "chief judge" in section 1 of The Legislative Library Act is amended by striking out "either criminal division or family division, a magistrate's court, or a court of a justice of the peace,".

C.C.S.M. c. L180 amended

32(1)     The Local Authorities Election Act is amended by this section.

32(2)     The definition "magistrate" in section 1 is repealed.

32(3)     Sections 203 and 232 are amended by striking out "magistrate" wherever it occurs and substituting "justice".

C.C.S.M. c. P250 amended

33(1)     The Public Schools Act is amended by this section.

33(2)     Subsection 136(2) is amended by striking out "magistrate" wherever it occurs and substituting "justice of the peace".

33(3)     The definition "court" in subsection 258(1) is amended by striking out "or magistrate".

C.C.S.M. c. S50 amended

34        Subsection 151(1) of The Securities Act is amended

(a) by striking out "magistrate or" wherever it occurs above and below the form; and

(b) in the form, by striking out "Magistrate" and substituting "a Provincial Court Judge".

COMING INTO FORCE

Coming into force

35        This Act comes into force on a day fixed by proclamation.