C.C.S.M. c. C275
The Provincial Court Act
1 | Definitions |
PART I | |
PROVINCIAL COURT | |
2(1) | Continuation of Provincial Court |
(2) | References to Provincial Court |
APPOINTMENT OF JUDGES | |
3(1) | L.G. in C. may appoint judges |
(2) | Qualifications |
(3) | Holding office during good behaviour |
3.1(1) | Appointment from list of candidates |
(2) | Convening of nominating committee |
(2.1) | Criteria |
(3) | Duties of nominating committee |
(4) | Minister may request additional name |
(5) | Interviews and consultations |
(6) | Confidentiality of information |
(7) | Report to minister |
3.2 | |
4(1) | Oaths or affirmation by judge |
(2) | Forwarded to Executive Council |
RESIGNATION | |
5 | Resignation |
CONTINUING OR REHEARING MATTERS IN CERTAIN CIRCUMSTANCES | |
6(1) | Continuation before resigning or retiring judge |
(2) | Further evidence or argument may be heard |
(3) | Death, suspension, etc. of judge — judgment not given |
(4) | Rehearing is a new hearing |
(5) | Death, suspension, etc. of judge — judgment given |
(6) | Continuing judge to complete matter |
(7) | Chief Judge sets matter down — judge unable to complete matter |
TEMPORARY JUDGES | |
6.1(1) | Definition |
(2) | Who may be appointed as temporary judge |
(3) | Appointment of temporary judge |
6.2 | Powers, duties and protection of temporary judge |
6.3(1) | Meaning of "incapacity" and "misconduct" |
(2) | Complaints about temporary judges |
(3) | Role of the Chief Judge |
(4) | If complaint not resolved |
(5) | Chief Judge to include complaints in annual report |
6.4 | Agreements with other provinces |
JURISDICTION | |
7 | Jurisdiction |
CHIEF JUDGE | |
8(1) | Appointment of Chief Judge |
(2) | Nominating committee |
(3) | Procedure |
8.0.1(1) | Term for Chief Judge |
(2) | Salary at end of term |
(3) | Application |
8.1 | Duties of Chief Judge |
8.2 | Resignation as Chief Judge |
8.3(1) | Designation of Acting Chief Judge by the Chief Judge |
(2) | Designation of Acting Chief Judge by minister |
9 | Appointment of Associate Chief Judges |
ASSOCIATE CHIEF JUDGES | |
9.1(1) | Term for Associate Chief Judges |
(2) | Salary at end of term |
(3) | Application |
GENERAL PROVISIONS | |
10(1) | Judge to devote full time to duties |
(2) | No extra remuneration |
(3) | Expenses excepted |
(4) | Winding up practice, etc. |
(5) | Acting as master or registrar of Q.B. |
11 | |
COMPENSATION COMMITTEE | |
11.1(1) | Definitions |
(2) | Compensation committee appointed |
(3) | Review by compensation committee |
(4) | Effective period of recommendations |
(5) | Composition of compensation committee |
(6) | Prohibition re members |
(7) | Minister designates a member |
(8) | Judges designate a member |
(9) | Designation of a chairperson |
(10) | If no agreement re chairperson |
(11) | Term of committee member |
(12) | Member absent or incapable |
(13) | Conduct of review by compensation committee |
(14) | Powers of compensation committee |
(15) | Remuneration and expenses |
(16) | Factors to be considered |
(17) | Salary information required in the report |
(18) | Chairperson to certify salary comparisons for three year period |
(19) | Reasons for recommendations required |
(20) | Report given to minister and judges |
(21) | Request to clarify report |
(22) | Minister to table report |
(23) | When recommendations re salaries are binding |
(24) | Referral to standing committee |
(25) | Completing report |
(26) | Reporting to Assembly |
(27) | Report of standing committee re recommendations |
(28) | Implementing recommendations if vote in Assembly |
(29) | Implementing recommendations if no vote in Assembly |
(30) | Adjusting time periods |
(31) | Implementation by government |
(32) | Costs of compensation committee process |
ANNUAL REPORT | |
11.2(1) | Annual report re administrative accountability to the public |
(2) | Information to be included in annual report |
(3) | Annual report submitted to minister by Chief Judge |
(4) | Annual report made available to the public |
(5) | Regulations |
11.3 | Meetings of judges |
12(1) | Court sittings and judge's residence |
(2) | Change of residence |
PART II | |
13(1) | Establishment of Criminal Division |
(2) | References to Criminal Division |
14 | Sittings of Criminal Division |
15 | |
PART III | |
16(1) | Establishment of Family Division |
(2) | References to Family Division |
17 | Sittings of Family Division |
18 | |
19(1) | Jurisdiction |
(2) | Jurisdiction respecting enforcement |
20 | Filing of maintenance orders in Family Division |
20.1 | Definitions |
20.2(1) | Referral to designated mediator |
(2) | Action by designated mediator |
20.3(1) | Mediation by designated mediator |
(2) | Mediation by private practising mediator |
(3) | Exception |
20.4(1) | Family evaluator |
(2) | Duty of family evaluator |
20.5 | Family evaluator may be witness |
21(1) | Removal of action from one place to another |
(2) | Consequence of removal |
22(1) | Transfer of action to Queen's Bench |
(2) | Consequence of transfer |
(3) | Amendment of pleadings |
23 | No appeal from consent judgment |
24(1) | Provision for appeal generally |
(2) | Stay of proceedings |
(3) | Papers transmitted |
25 | Proceedings not invalid for lack of form |
26(1) | Rules |
(2) | Effect of rules |
(3) | Continuation of old rules |
PART IV | |
COMPLAINTS ABOUT JUDICIAL CONDUCT | |
27 | Definitions |
COMPLAINTS | |
28(1) | Complaints |
(2) | Complaints about Chief Judge |
(3) | Form of complaint |
(4) | Assistance to public |
(5) | Notification to judge |
29 | Reassignment of judge during investigation |
30 | Chief Judge may investigate on own initiative |
31(1) | Powers of Chief Judge |
(2) | Complaints referred directly to board |
(3) | Notification of decision |
(4) | Referral to board by complainant |
JUDICIAL INQUIRY BOARD ESTABLISHED | |
32(1) | Judicial Inquiry Board |
(2) | Composition |
(3) | Ineligible persons |
(4) | Term and reappointment |
(5) | Member continues |
(6) | Appointment of successor |
(7) | Queen's Bench judge as chairperson |
(8) | Quorum |
(9) | Expert assistance |
(10) | Powers and protection under Evidence Act |
(11) | Remuneration and expenses |
INVESTIGATION BY JUDICIAL INQUIRY BOARD | |
33(1) | Preliminary investigation |
(2) | Notification by board |
(3) | Investigation private |
(4) | Information re complaint |
34 | Investigation of other matters |
35(1) | Decision of board |
(2) | Charge laid before council |
(3) | Charge public, subject to exception |
(4) | Notice of decision |
(5) | Board's decision final |
36(1) | Reassignment or suspension of judge |
(2) | Appeal of suspension without pay |
(3) | Stay pending appeal |
(4) | Powers of Court on appeal |
JUDICIAL COUNCIL ESTABLISHED | |
37(1) | Establishment of council |
(2) | Composition |
(3) | Judicial members |
(4) | Ineligible persons |
(5) | Substitute judicial members |
(6) | Member continues |
(7) | Term of office |
(8) | Appointment of successor |
(9) | Judicial member to be chairperson |
(10) | Chairperson may vote |
(11) | Quorum |
(12) | Participation by telephone |
(13) | Engagement of counsel |
(14) | Powers and protection under Evidence Act |
(15) | Remuneration and expenses |
38 | Administrator |
ADJUDICATION BY JUDICIAL COUNCIL | |
39(1) | Adjudication by council |
(2) | Administrator convenes council |
(3) | Notice of hearing |
(4) | Board has conduct |
(5) | Right to counsel |
(6) | Evidence |
(7) | Hearing in absence of judge |
(8) | Hearing to be public, subject to exception |
(9) | Exclusion of public |
(10) | Reasons required |
(11) | Order prohibiting publication |
39.1(1) | Dispositions |
(2) | Combination of dispositions |
(2.1) | Disposition re incapacitated judge |
(3) | Effect of retirement recommendation |
(4) | Pay |
39.2(1) | Costs |
(2) | Considerations re costs |
(3) | Payment of costs |
(4) | Filing order to pay costs |
39.3(1) | Reasons for decision |
(2) | Notice of decision |
39.4 | Retirement or removal of judge from office |
39.5(1) | Costs against judge who resigns or retires |
(2) | Considerations re costs |
(3) | Hearing continued if in public interest |
APPEAL TO COURT OF APPEAL | |
39.6(1) | Appeal to Court of Appeal |
(2) | Stay pending appeal |
(3) | Powers of Court on appeal |
COMPLAINTS RE CHIEF JUDGE | |
39.7(1) | Complaints to Chief Justice |
(2) | Suspension of Chief Judge during investigation |
(3) | Appeal of suspension |
(4) | Suspension of Chief Judge after hearing |
(5) | Revocation of appointment as Chief Judge |
INFORMATION TO PUBLIC | |
39.8 | Information provided |
39.9(1) | Annual reports by Chief Judge, board and council |
(2) | Identifying information not disclosed |
(3) | Annual reports to minister |
(4) | Annual reports tabled |
NOTICE | |
39.10(1) | Giving notice |
(2) | Effective notice under clause (1)(b) |
PART V | |
JUSTICES OF THE PEACE | |
APPOINTING JUSTICES OF THE PEACE | |
40(1) | Appointing justices of the peace |
(2) | Types of justices of the peace |
41(1) | Eligibility |
(2) | Ineligible persons |
JUDICIAL JUSTICES OF THE PEACE | |
42(1) | Appointment recommended by nominating committee |
(2) | Justice of the Peace Nominating Committee |
(3) | Calling a meeting |
(4) | Duties of nominating committee |
(5) | Provisions applicable to nominating committee |
43 | Exception: another vacancy within six months |
44(1) | Residence requirement |
(2) | Change of residence |
45 | Full-time devotion to duties |
46 | Holding office during good behaviour |
47 | Powers and duties |
48(1) | Salary and benefits |
(2) | Civil Service Act does not apply |
(3) | Civil Service Superannuation Act applies |
49 | If judicial justice resigns or dies |
STAFF JUSTICES OF THE PEACE | |
50 | Appointing staff justices of the peace |
51 | Powers and duties |
52 | Salary and benefits |
53 | Revoking an appointment |
COMMUNITY JUSTICES OF THE PEACE | |
54(1) | Appointing community justices of the peace |
(2) | Area to be served |
55 | Residence requirement |
56 | Powers and duties |
57 | Remuneration |
58 | Revoking an appointment |
GENERAL MATTERS AFFECTING ALL JUSTICES OF THE PEACE | |
59 | Oaths |
60 | Resignation |
PART VI | |
COMPLAINTS ABOUT JUDICIAL JUSTICES OF THE PEACE | |
61 | Definitions |
COMPLAINTS | |
62(1) | Complaints |
(2) | Form of complaint |
(3) | Assistance to public |
63(1) | Chief Judge or designate to deal with complaint |
(2) | Notice to subject of complaint |
INVESTIGATION BY CHIEF JUDGE OR DESIGNATE | |
64(1) | Same investigative process as for judges |
(2) | Provisions of Part IV that apply |
ADJUDICATION BY COURT OF QUEEN'S BENCH JUDGE | |
65(1) | Designating hearing judge to adjudicate charge |
(2) | Hearing judge not to be board member |
(3) | Powers of hearing judge |
66 | Notice of hearing |
67(1) | Same adjudication process as for judges |
(2) | Provisions of Part IV that apply |
68 | Appeal to Court of Appeal |
OTHER MATTERS | |
69(1) | Other matters relating to complaints |
(2) | Administrator |
PART VII | |
GENERAL | |
70 | Order in court |
71 | Exemption from liability |
72 | Partisan political activities forbidden |
73 | Extension of time for translation |
74 | Remitting fines, surcharges and costs |
75 | Regulations |