C.C.S.M. c. C275
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| 1
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| Definitions
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| PART I
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| PROVINCIAL COURT
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| 2
| (1)
| Continuation of Provincial Court
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| (2)
| References to Provincial Court
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| APPOINTMENT OF JUDGES
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| 3
| (1)
| L.G. in C. may appoint judges
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| (2)
| Qualifications
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| (3)
| Holding office during good behaviour
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| 3.1
| (1)
| Appointment from list of candidates
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| (2)
| Convening of nominating committee
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| (2.1)
| Criteria
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| (3)
| Duties of nominating committee
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| (4)
| Minister may request additional name
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| (5)
| Interviews and consultations
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| (6)
| Confidentiality of information
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| (7)
| Report to minister
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| 3.2
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| Repealed
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| 4
| (1)
| Oaths or affirmation by judge
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| (2)
| Forwarded to Executive Council
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| RESIGNATION
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| 5
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| Resignation
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| CONTINUING OR REHEARING MATTERS IN CERTAIN CIRCUMSTANCES
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| 6
| (1)
| Resignation, retirement or appointment to other court
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| (2)
| Further evidence or argument may be heard
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| (3)
| Death, suspension, etc. of judge — judgment not given
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| (4)
| Rehearing is a new hearing
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| (5)
| Death, suspension, etc. of judge — judgment given
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| (6)
| Continuing judge to complete matter
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| (7)
| Chief Judge sets matter down — judge unable to complete matter
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| TEMPORARY JUDGES
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| 6.1
| (1)
| Definition
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| (2)
| Who may be appointed as temporary judge
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| (3)
| Appointment of temporary judge
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| 6.2
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| Powers, duties and protection of temporary judge
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| 6.3
| (1)
| Meaning of "incapacity" and "misconduct"
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| (2)
| Complaints about temporary judges
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| (3)
| Role of the Chief Judge
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| (4)
| If complaint not resolved
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| (5)
| Chief Judge to include complaints in annual report
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| 6.4
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| Agreements with other provinces
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| SENIOR JUDGES
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| 6.5
| (1)
| Senior judges
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| (2)
| Assigning senior judges for judicial duties
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| (3)
| Oaths or affirmations required
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| (4)
| Limitation on assigning duties to senior judge
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| (5)
| Authority of senior judge
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| (6)
| Applicable provisions
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| (7)
| Other remuneration
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| (8)
| Per diem remuneration
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| (9)
| Expenses
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| (10)
| Ceasing to be senior judge
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| JURISDICTION
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| 7
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| Jurisdiction
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| CHIEF JUDGE
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| 8
| (1)
| Appointment of Chief Judge
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| (2)
| Nominating committee
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| (3)
| Procedure
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| 8.0.1
| (1)
| Term for Chief Judge
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| (2)
| Salary at end of term
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| (3)
| Application
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| 8.1
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| Duties of Chief Judge
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| 8.2
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| Resignation as Chief Judge
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| 8.3
| (1)
| Designation of Acting Chief Judge by the Chief Judge
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| (2)
| Designation of Acting Chief Judge by minister
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| 9
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| Appointment of Associate Chief Judges
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| ASSOCIATE CHIEF JUDGES
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| 9.1
| (1)
| Term for Associate Chief Judges
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| (2)
| Salary at end of term
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| (3)
| Application
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| GENERAL PROVISIONS
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| 10
| (1)
| Judge to devote full time to duties
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| (2)
| No extra remuneration
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| (3)
| Expenses excepted
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| (4)
| Winding up practice, etc.
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| (5)
| Acting as master or registrar of Q.B.
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| 11
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| Repealed
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| COMPENSATION COMMITTEE
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| 11.1
| (1)
| Definitions
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| (2)
| Compensation committee appointed
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| (3)
| Review by compensation committee
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| (4)
| Effective period of recommendations
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| (5)
| Composition of compensation committee
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| (6)
| Prohibition re members
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| (7)
| Minister designates a member
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| (8)
| Judges designate a member
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| (9)
| Designation of a chairperson
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| (10)
| If no agreement re chairperson
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| (11)
| Term of committee member
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| (12)
| Member absent or incapable
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| (13)
| Conduct of review by compensation committee
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| (14)
| Powers of compensation committee
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| (15)
| Remuneration and expenses
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| (16)
| Factors to be considered
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| (17)
| Salary information required in the report
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| (18)
| Chairperson to certify salary comparisons for three year period
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| (19)
| Reasons for recommendations required
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| (20)
| Report given to minister and judges
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| (21)
| Request to clarify report
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| (22)
| Minister to table report
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| (23)
| When recommendations re salaries are binding
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| (24)
| Referral to standing committee
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| (25)
| Completing report
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| (26)
| Reporting to Assembly
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| (27)
| Report of standing committee re recommendations
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| (28)
| Implementing recommendations if vote in Assembly
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| (29)
| Implementing recommendations if no vote in Assembly
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| (30)
| Adjusting time periods
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| (31)
| Implementation by government
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| (32)
| Costs of compensation committee process
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| ANNUAL REPORT
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| 11.2
| (1)
| Annual report re administrative accountability to the public
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| (2)
| Information to be included in annual report
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| (3)
| Annual report submitted to minister by Chief Judge
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| (4)
| Annual report made available to the public
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| (5)
| Regulations
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| 11.3
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| Meetings of judges
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| 12
| (1)
| Court sittings and judge's residence
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| (2)
| Change of residence
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| PART II
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| 13
| (1)
| Establishment of Criminal Division
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| (2)
| References to Criminal Division
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| 14
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| Sittings of Criminal Division
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| 15
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| Repealed
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| PART III
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| 16
| (1)
| Establishment of Family Division
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| (2)
| References to Family Division
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| 17
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| Sittings of Family Division
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| 18
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| Repealed
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| 19
| (1)
| Jurisdiction
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| (2)
| Jurisdiction respecting enforcement
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| 20
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| Filing of maintenance orders in Family Division
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| 20.1
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| Definitions
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| 20.2
| (1)
| Referral to designated mediator
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| (2)
| Action by designated mediator
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| 20.3
| (1)
| Mediation by designated mediator
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| (2)
| Mediation by private practising mediator
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| (3)
| Exception
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| 20.4
| (1)
| Family evaluator
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| (2)
| Duty of family evaluator
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| 20.5
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| Family evaluator may be witness
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| 21
| (1)
| Removal of action from one place to another
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| (2)
| Consequence of removal
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| 22
| (1)
| Transfer of action to Queen's Bench
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| (2)
| Consequence of transfer
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| (3)
| Amendment of pleadings
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| 23
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| No appeal from consent judgment
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| 24
| (1)
| Provision for appeal generally
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| (2)
| Stay of proceedings
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| (3)
| Papers transmitted
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| 25
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| Proceedings not invalid for lack of form
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| 26
| (1)
| Rules
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| (2)
| Effect of rules
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| (3)
| Continuation of old rules
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| PART IV
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| COMPLAINTS ABOUT JUDICIAL CONDUCT
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| 27
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| Definitions
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| COMPLAINTS
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| 28
| (1)
| Complaints
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| (2)
| Complaints about Chief Judge
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| (3)
| Form of complaint
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| (4)
| Assistance to public
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| (5)
| Notification to judge
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| 29
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| Reassignment of judge during investigation
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| 30
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| Chief Judge may investigate on own initiative
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| 31
| (1)
| Powers of Chief Judge
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| (2)
| Complaints referred directly to board
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| (3)
| Notification of decision
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| (4)
| Referral to board by complainant
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| JUDICIAL INQUIRY BOARD ESTABLISHED
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| 32
| (1)
| Judicial Inquiry Board
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| (2)
| Composition
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| (3)
| Ineligible persons
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| (4)
| Term and reappointment
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| (5)
| Member continues
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| (6)
| Appointment of successor
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| (7)
| Queen's Bench judge as chairperson
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| (8)
| Quorum
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| (9)
| Expert assistance
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| (10)
| Powers and protection under Evidence Act
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| (11)
| Remuneration and expenses
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| INVESTIGATION BY JUDICIAL INQUIRY BOARD
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| 33
| (1)
| Preliminary investigation
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| (2)
| Notification by board
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| (3)
| Investigation private
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| (4)
| Information re complaint
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| 34
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| Investigation of other matters
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| 35
| (1)
| Decision of board
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| (2)
| Charge laid before council
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| (3)
| Charge public, subject to exception
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| (4)
| Notice of decision
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| (5)
| Board's decision final
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| 36
| (1)
| Reassignment or suspension of judge
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| (2)
| Appeal of suspension without pay
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| (3)
| Stay pending appeal
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| (4)
| Powers of Court on appeal
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| JUDICIAL COUNCIL ESTABLISHED
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| 37
| (1)
| Establishment of council
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| (2)
| Composition
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| (3)
| Judicial members
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| (4)
| Ineligible persons
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| (5)
| Substitute judicial members
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| (6)
| Member continues
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| (7)
| Term of office
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| (8)
| Appointment of successor
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| (9)
| Judicial member to be chairperson
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| (10)
| Chairperson may vote
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| (11)
| Quorum
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| (12)
| Participation by telephone
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| (13)
| Engagement of counsel
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| (14)
| Powers and protection under Evidence Act
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| (15)
| Remuneration and expenses
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| 38
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| Administrator
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| ADJUDICATION BY JUDICIAL COUNCIL
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| 39
| (1)
| Adjudication by council
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| (2)
| Administrator convenes council
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| (3)
| Notice of hearing
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| (4)
| Board has conduct
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| (5)
| Right to counsel
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| (6)
| Evidence
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| (7)
| Hearing in absence of judge
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| (8)
| Hearing to be public, subject to exception
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| (9)
| Exclusion of public
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| (10)
| Reasons required
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| (11)
| Order prohibiting publication
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| 39.1
| (1)
| Dispositions
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| (2)
| Combination of dispositions
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| (2.1)
| Disposition re incapacitated judge
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| (3)
| Effect of retirement recommendation
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| (4)
| Pay
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| 39.2
| (1)
| Costs
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| (2)
| Considerations re costs
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| (3)
| Payment of costs
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| (4)
| Filing order to pay costs
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| 39.3
| (1)
| Reasons for decision
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| (2)
| Notice of decision
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| 39.4
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| Retirement or removal of judge from office
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| 39.5
| (1)
| Costs against judge who resigns or retires
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| (2)
| Considerations re costs
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| (3)
| Hearing continued if in public interest
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| APPEAL TO COURT OF APPEAL
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| 39.6
| (1)
| Appeal to Court of Appeal
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| (2)
| Stay pending appeal
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| (3)
| Powers of Court on appeal
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| COMPLAINTS RE CHIEF JUDGE
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| 39.7
| (1)
| Complaints to Chief Justice
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| (2)
| Suspension of Chief Judge during investigation
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| (3)
| Appeal of suspension
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| (4)
| Suspension of Chief Judge after hearing
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| (5)
| Revocation of appointment as Chief Judge
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| INFORMATION TO PUBLIC
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| 39.8
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| Information provided
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| 39.9
| (1)
| Annual reports by Chief Judge, board and council
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| (2)
| Identifying information not disclosed
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| (3)
| Annual reports to minister
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| (4)
| Annual reports tabled
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| NOTICE
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| 39.10
| (1)
| Giving notice
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| (2)
| Effective notice under clause (1)(b)
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| PART V
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| JUSTICES OF THE PEACE
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| APPOINTING JUSTICES OF THE PEACE
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| 40
| (1)
| Appointing justices of the peace
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| (2)
| Types of justices of the peace
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| 41
| (1)
| Eligibility
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| (2)
| Ineligible persons
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| JUDICIAL JUSTICES OF THE PEACE
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| 42
| (1)
| Appointment recommended by nominating committee
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| (2)
| Justice of the Peace Nominating Committee
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| (3)
| Calling a meeting
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| (4)
| Duties of nominating committee
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| (5)
| Provisions applicable to nominating committee
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| 43
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| Exception: another vacancy within six months
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| 44
| (1)
| Residence requirement
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| (2)
| Change of residence
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| 45
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| Full-time devotion to duties
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| 46
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| Holding office during good behaviour
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| 47
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| Powers and duties
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| 48
| (1)
| Salary and benefits
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| (2)
| Civil Service Act does not apply
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| (3)
| Civil Service Superannuation Act applies
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| 49
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| If judicial justice resigns or dies
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| STAFF JUSTICES OF THE PEACE
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| 50
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| Appointing staff justices of the peace
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| 51
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| Powers and duties
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| 52
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| Salary and benefits
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| 53
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| Revoking an appointment
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| COMMUNITY JUSTICES OF THE PEACE
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| 54
| (1)
| Appointing community justices of the peace
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| (2)
| Area to be served
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| 55
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| Residence requirement
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| 56
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| Powers and duties
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| 57
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| Remuneration
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| 58
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| Revoking an appointment
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| GENERAL MATTERS AFFECTING ALL JUSTICES OF THE PEACE
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| 59
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| Oaths
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| 60
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| Resignation
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| PART VI
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| COMPLAINTS ABOUT JUDICIAL JUSTICES OF THE PEACE
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| 61
|
| Definitions
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| COMPLAINTS
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| 62
| (1)
| Complaints
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| (2)
| Form of complaint
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| (3)
| Assistance to public
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| 63
| (1)
| Chief Judge or designate to deal with complaint
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| (2)
| Notice to subject of complaint
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| INVESTIGATION BY CHIEF JUDGE OR DESIGNATE
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| 64
| (1)
| Same investigative process as for judges
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| (2)
| Provisions of Part IV that apply
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| ADJUDICATION BY COURT OF QUEEN'S BENCH JUDGE
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| 65
| (1)
| Designating hearing judge to adjudicate charge
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| (2)
| Hearing judge not to be board member
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| (3)
| Powers of hearing judge
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| 66
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| Notice of hearing
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| 67
| (1)
| Same adjudication process as for judges
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| (2)
| Provisions of Part IV that apply
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| 68
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| Appeal to Court of Appeal
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| OTHER MATTERS
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| 69
| (1)
| Other matters relating to complaints
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| (2)
| Administrator
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| PART VII
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| GENERAL
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| 70
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| Order in court
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| 71
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| Exemption from liability
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| 72
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| Partisan political activities forbidden
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| 73
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| Extension of time for translation
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| 74
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| Remitting fines, surcharges and costs
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| 75
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| Regulations
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