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The Provincial Court Amendment Act

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S.M. 2017, c. 4

Bill 4, 2 nd Session, 41st Legislature

The Provincial Court Amendment Act

Explanatory Note

This note is a reader's aid and is not part of the law.

This Act amends The Provincial Court Act. An administrative judicial justice of the peace is to be appointed to assist the Chief Judge in the administration and management of all judicial justices of the peace. As well, a retired judicial justice of the peace may be designated as a senior judicial justice of the peace and can be assigned duties by the Chief Judge when there is a temporary shortage of judicial justices of the peace.

(Assented to June 2, 2017)

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 49:

ADMINISTRATIVE JUDICIAL JUSTICE OF THE PEACE

Appointing administrative judicial justice of the peace

49.1(1)     The Lieutenant Governor in Council may, on the recommendation of the minister, after consultation with the Chief Judge, appoint a judicial justice of the peace as administrative judicial justice of the peace.

Term

49.1(2)     The administrative judicial justice of the peace is to be appointed for a non-renewable term of five years.

Consequences of expiry of appointment

49.1(3)     When the term of appointment for the administrative judicial justice of the peace expires, he or she continues to be a judicial justice of the peace and may perform the duties of a judicial justice of the peace.

Role

49.2(1)     The administrative judicial justice of the peace is to assist the Chief Judge in administering and managing all judicial justices of the peace.

Status

49.2(2)     The administrative judicial justice of the peace is a judicial justice of the peace and is to perform the duties of a judicial justice of the peace when directed to do so by the Chief Judge.

SENIOR JUDICIAL JUSTICES OF THE PEACE

Senior judicial justices of the peace

49.3(1)     A retired judicial justice of the peace who advises the Chief Judge of his or her availability to perform the duties of a judicial justice of the peace may be designated by the Chief Judge as a senior judicial justice of the peace.

Oaths or affirmations required

49.3(2)     A senior judicial justice of the peace must take the oaths or affirmations that are required under section 59 before performing any duties of a judicial justice of the peace.

Assigning duties to judicial justices of the peace

49.3(3)     When, in the opinion of the Chief Judge, an additional judicial justice of the peace is required, the Chief Judge may assign a senior judicial justice of the peace to perform specified duties that are regularly performed by a judicial justice of the peace.

Limitation on assigning duties

49.3(4)     The Chief Judge must not assign any duties to a senior judicial justice of the peace if the remuneration of the senior judicial justice of the peace for performing those duties would have the effect of exceeding, for the government's fiscal year, an amount equal to the annual salary of one judicial justice of the peace or the annual salaries of the number of judicial justices of the peace prescribed in the regulations.

Powers and authority

49.3(5)     A senior judicial justice of the peace is subject to the authority of the Chief Judge and has the powers, authority and jurisdiction of a judicial justice of the peace appointed under section 40.

Applicable provisions

49.3(6)     The following provisions apply, with necessary changes, to a senior judicial justice of the peace:

(a) section 49 (continuing or rehearing matters in certain circumstances);

(b) Part VI (Complaints);

(c) section 71 (exemption from liability);

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

Other remuneration

49.3(7)     A senior judicial justice of the peace must not engage in any remunerative occupation that is inconsistent with the office of judicial justice of the peace.

Per diem remuneration

49.3(8)     For each full day that a senior judicial justice of the peace performs duties assigned by the Chief Judge, he or she is to be paid a per diem amount that is equal to the annual salary of a judicial justice of the peace appointed under section 40, divided by the annual number of working days of a full-time judicial justice of the peace, as specified in the regulations. For each half day or less, a senior judicial justice of the peace is to be paid one-half of the per diem amount.

Expenses

49.3(9)     A senior judicial justice of the peace is entitled to be reimbursed for expenses in respect of his or her services as a senior judicial justice of the peace, in accordance with the regulations.

Ceasing to be senior judicial justice of the peace

49.3(10)    A senior judicial justice of the peace may advise the Chief Judge that he or she is no longer available to be a senior judicial justice of the peace.

3           The following is added after clause 75(h):

(h.1) for the purpose of subsection 49.3(4), prescribing the number of judicial justices of the peace;

(h.2) for the purpose of subsection 49.3(8), specifying the annual number of working days for a judicial justice of the peace;

(h.3) for the purpose of subsection 49.3(9), respecting the expenses for which a senior judicial justice of the peace 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.