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The Provincial Court Amendment Act (Senior Judges)

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S.M. 2011, c. 9

Bill 19, 5th Session, 39th Legislature

The Provincial Court Amendment Act (Senior Judges)

(Assented to June 16, 2011)

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           The following is added after section 6.4 and before the centred heading "JURISDICTION":

SENIOR JUDGES

Senior judges

6.5(1)      A retired judge who advises the Chief Judge of his or her availability for judicial duties may be designated as a senior judge.

Assigning senior judges for judicial duties

6.5(2)      When, in the opinion of the Chief Judge, an additional judge is required to conduct the business of the court, the Chief Judge may assign a senior judge for judicial duties.

Oaths or affirmations required

6.5(3)      A senior judge must take the oaths or affirmations that are required under subsection 4(1) before undertaking any judicial duties.

Limitation on assigning duties to senior judge

6.5(4)      The Chief Judge must not assign a senior judge to judicial duties if the remuneration of the senior judge for performing those judicial duties would have the effect of exceeding, for the government's fiscal year, an amount equal to the annual salary of one judge or the annual salaries of the number of judges prescribed in the regulations.

Authority of senior judge

6.5(5)      A senior judge is subject to the authority of the Chief Judge and has the powers, authority and jurisdiction of a judge appointed under section 3.

Applicable provisions

6.5(6)      The following provisions apply, with necessary changes, to a senior judge:

(a) section 6 (continuing or rehearing matters in certain circumstances);

(b) Part IV (complaints about judicial conduct);

(c) section 71 (exemption from liability);

(d) section 72 (partisan political activities forbidden).

Other remuneration

6.5(7)      A senior judge must not engage in any remunerative occupation that is inconsistent with the office of judge.

Per diem remuneration

6.5(8)      For each full day of performing judicial duties, a senior judge shall be paid a per diem amount that is equal to the annual salary of a judge appointed under section 3, divided by the annual number of sitting days of the court, as specified in the regulations. For each half day or less, a senior judge shall be paid one-half of the per diem amount.

Expenses

6.5(9)      A senior judge is entitled to be reimbursed for expenses in respect of his or her services as a senior judge, in accordance with the regulations.

Ceasing to be senior judge

6.5(10)     A senior judge may advise the Chief Judge that he or she is no longer available to be a senior judge.

3           Section 75 is amended by adding the following after clause (b):

(b.1) for the purpose of subsection 6.5(4), prescribing the number of judges;

(b.2) for the purpose of subsection 6.5(8), specifying the annual number of sitting days of the court;

(b.3) for the purpose of subsection 6.5(9), respecting the expenses for which a senior judge may be reimbursed and governing the allowable amounts for those expenses;

Coming into force

4           This Act comes into force on a day to be fixed by proclamation.