Skip to main content
The Provincial Court Act

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3.2 Repealed
4 (1) Oaths or affirmation by judge
(2) Forwarded to Executive Council
RESIGNATION
5 Resignation
CONTINUING OR REHEARING MATTERS IN CERTAIN CIRCUMSTANCES
6 (1) Resignation, retirement or appointment to other court
(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
SENIOR JUDGES
6.5 (1) Senior judges
(2) Assigning senior judges for judicial duties
(3) Oaths or affirmations required
(4) Limitation on assigning duties to senior judge
(5) Authority of senior judge
(6) Applicable provisions
(7) Other remuneration
(8) Per diem remuneration
(9) Expenses
(10) Ceasing to be senior judge
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 Repealed
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 Repealed
PART III
16 (1) Establishment of Family Division
(2) References to Family Division
17 Sittings of Family Division
18 Repealed
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