5th Session, 42nd Legislature
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Bill 218
AN ACT RESPECTING THE TITLE "ASSOCIATE JUDGE" (VARIOUS ACTS AMENDED)
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(Assented to )
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
PART 1
THE COURT OF KING'S BENCH ACT
1 The Court of King's Bench Act is amended by this Part.
2 Section 1 is amended
(a) by adding the following definition:
"associate judge" means an associate judge of the court appointed under section 11.1 and includes the senior associate judge; (« juge puîné »)
(b) by repealing the definition "master".
3 The heading for Part IV is amended by striking out "MASTERS" and substituting "ASSOCIATE JUDGES".
4 Section 11 is amended
(a) by adding the following definition:
"senior associate judge" means the person appointed under this Act as the Senior Associate Judge of the court. (« juge puîné principal »)
(b) in the definition "council", by striking out "Masters Judicial Council" and substituting "Associate Judges Judicial Council";
(c) in the definition "incapacity",
(i) by striking out "a master" and substituting "an associate judge", and
(ii) by striking out "his or her" and substituting "their";
(d) in the definition "misconduct", by striking out "a master" wherever it occurs and substituting "an associate judge"; and
(e) by repealing the definition "senior master".
5 The heading for Division 2 of Part IV is amended by striking out "SENIOR MASTER" and substituting "SENIOR ASSOCIATE JUDGE".
6(1) Subsection 11.1(1) is amended
(a) in the section heading and in the section, by striking out "masters" and substituting "associate judges"; and
(b) by striking out "he or she considers" and substituting "they consider".
6(2) Subsection 11.1(2) is amended by striking out "masters" and substituting "associate judges".
7 Section 11.2 is amended, in the part before clause (a), by striking out "a master" and substituting "an associate judge".
8(1) Subsection 11.3(1) is amended by striking out "masters" wherever it occurs and substituting "associate judges", with necessary grammatical changes.
8(2) Clause 11.3(2)(c) is amended by striking out "master" and substituting "associate judge".
9(1) Subsection 11.4(1) is amended
(a) in the part before clause (a), by striking out "masters" and substituting "associate judges"; and
(b) by striking out "a master" wherever it occurs and substituting "an associate judge".
9(2) Clause 11.4(4)(b) is amended by striking out "masters" and substituting "associate judges".
9(3) Subsection 11.4(6) is amended
(a) by striking out "masters" and substituting "associate judges"; and
(b) by striking out "a master" and substituting "an associate judge".
9(4) Subsection 11.4(7) is amended by striking out "a master" and substituting "an associate judge".
9(5) Subsection 11.4(8) of the English version is amended by striking out "master" and substituting "associate judge".
10 Subsection 11.5(1) is amended
(a) by striking out "a master" and substituting "an associate judge"; and
(b) by striking out "masters" and substituting "associate judges".
11 The centred heading before section 11.6 is replaced with "SENIOR ASSOCIATE JUDGE".
12(1) Subsection 11.6(1) is amended
(a) in the section heading and in the section, by striking out "senior master" and substituting "senior associate judge"; and
(b) by striking out "a master" wherever it occurs and substituting "an associate judge".
12(2) Subsection 11.6(3) is amended
(a) in the part before clause (a), by striking out "senior master" and substituting "senior associate judge"; and
(b) in clause (b), by striking out "masters" and substituting "associate judges".
12(3) Subsection 11.6(4) is amended by striking out "masters" and substituting "associate judges".
12(4) Subsection 11.6(5) is amended by striking out "senior master" wherever it occurs and substituting "senior associate judge".
12(5) Subsection 11.6(6) is amended by striking out "senior master" and substituting "senior associate judge".
13 Section 11.7 is amended
(a) in the section heading and in the part before clause (a), by striking out "senior master" and substituting "senior associate judge"; and
(b) by striking out "masters" wherever it occurs and substituting "associate judges".
14 Section 11.8 is amended
(a) by striking out "senior master" wherever it occurs and substituting "senior associate judge"; and
(b) by striking out "a master" and substituting "an associate judge".
15 Section 11.9 is amended by striking out "master" and substituting "associate judge".
16(1) Subsection 11.10(1) is amended
(a) in the section heading, by striking out "Master" and substituting "Associate judge"; and
(b) in the part before clause (a), by striking out "master" and substituting "associate judge".
16(2) Subsection 11.10(2) is amended by striking out "master" and substituting "associate judge".
16(3) Subsection 11.10(3) is amended by striking out "A master" and substituting "An associate judge".
16(4) Subsection 11.10(4) is amended by striking out "master" and substituting "associate judge".
17 Sections 11.11 and 11.12 are amended by striking out "A master" and substituting "An associate judge".
18 Section 11.13 is amended
(a) in the section heading, by striking out "master" and substituting "associate judge"; and
(b) by striking out "a master" and substituting "an associate judge".
19(1) Subsection 11.14(1) is amended, in the section heading and in the section, by striking out "senior master" and substituting "senior associate judge".
19(2) Subsection 11.14(2) is amended
(a) in the section heading, by striking out "masters" and substituting "associate judges"; and
(b) by striking out "a master" and substituting "an associate judge".
19(3) Subsection 11.14(3) is amended
(a) in the part before clause (a), by striking out "a master" and substituting "an associate judge"; and
(b) by striking out "the master" wherever it occurs and substituting "the associate judge".
20(1) Subsection 11.15(1) is amended
(a) in the section heading, by striking out "a master" and substituting "an associate judge"; and
(b) by striking out "A master" and substituting "An associate judge".
20(2) Subsection 11.15(2) is amended by striking out "a master" wherever it occurs and substituting "an associate judge".
21(1) Subsection 11.17(1) is amended
(a) in the section heading, by striking out "Masters'" and substituting "Associate judges'";
(b) by striking out "Masters" and substituting "Associate judges"; and
(c) by striking out "senior master" and substituting "senior associate judge".
21(2) Subsection 11.17(2) is amended
(a) in the section heading, by striking out "Senior master's" and substituting "Senior associate judge's"; and
(b) by striking out "senior master" and substituting "senior associate judge".
21(3) Subsection 11.17(3) is amended
(a) in the section heading, by striking out "masters" and substituting "associate judges";
(b) by striking out "Masters" and substituting "Associate judges"; and
(c) by striking out "masters" and substituting "associate judges".
22 The heading for Division 4 of Part IV is amended by striking out "MASTERS" and substituting "ASSOCIATE JUDGES".
23(1) Subsection 11.18(1) is amended by striking out "a master" wherever it occurs and substituting "an associate judge".
23(2) Subsection 11.18(5) is amended by striking out "master" wherever it occurs and substituting "associate judge".
24 Section 11.19 is amended
(a) in the section heading, by striking out "master" and substituting "associate judge"; and
(b) by striking out "a master" and substituting "an associate judge".
25 Section 11.20 is amended by striking out "a master" wherever it occurs and substituting "an associate judge".
26(1) Clause 11.21(1)(a) is amended by striking out "the master" and substituting "the associate judge".
26(2) Subsection 11.21(2) is amended
(a) in clause (a), by striking out "a master" and substituting "an associate judge"; and
(b) in clause (b), by striking out "master" and substituting "associate judge".
26(3) Subsection 11.21(3) is amended by striking out "master" and substituting "associate judge".
27(1) Subsection 11.22(1) is amended
(a) by striking out "masters" wherever it occurs and substituting "associate judges"; and
(b) by striking out "Masters Judicial Council" and substituting "Associate Judges Judicial Council".
27(2) Subsection 11.22(2) is amended by striking out "masters" and substituting "associate judges".
28(1) Subsection 11.23(2) is amended
(a) by striking out "a master" wherever it occurs and substituting "an associate judge"; and
(b) in clause (c), by striking out "Masters Judicial Council" and substituting "Associate Judges Judicial Council".
28(2) Subsection 11.23(3) is amended by striking out "master" wherever it occurs and substituting "associate judge".
28(3) Subsection 11.23(3.1) is amended, in the part before clause (a), by striking out "master" and substituting "associate judge".
28(4) Subsection 11.23(5) is amended
(a) in clause (i), by striking out "a master" and substituting "an associate judge"; and
(b) in clause (j), by striking out "Masters Judicial Council" and substituting "Associate Judges Judicial Council".
29 The centred heading before section 11.24 is replaced with "ASSOCIATE JUDGES JUDICIAL COUNCIL ESTABLISHED".
30(1) Subsection 11.24(1) is amended
(a) by striking out "Masters Judicial Council" and substituting "Associate Judges Judicial Council"; and
(b) by striking out "masters" and substituting "associate judges".
30(2) Clause 11.24(2)(c) is amended by striking out "masters" wherever it occurs and substituting "associate judges".
30(3) Subsection 11.24(4) is amended by striking out "a master" and substituting "an associate judge".
30(4) Subsection 11.24(10) is amended, in the part before clause (a), by striking out "Masters Judicial Council" and substituting "Associate Judges Judicial Council".
31 The centred heading before section 11.25 is amended by striking out "MASTERS JUDICIAL COUNCIL" and substituting "ASSOCIATE JUDGES JUDICIAL COUNCIL".
32(1) Subsection 11.25(1) of the English version is amended by striking out "a master" and substituting "an associate judge".
32(2) Subsection 11.25(3) is amended
(a) by striking out "a master" wherever it occurs and substituting "an associate judge"; and
(b) by striking out "Masters Judicial Council" wherever it occurs and substituting "Associate Judges Judicial Council".
33(1) Subsection 11.26(1) is amended, in the part before clause (a), by striking out "master" and substituting "associate judge".
33(2) Subsection 11.26(2) is amended
(a) in clause (a), by striking out "a master" and substituting "an associate judge"; and
(b) in clause (b), by striking out "Masters Judicial Council" and substituting "Associate Judges Judicial Council".
34 The centred heading before section 11.27 is amended by striking out "SENIOR MASTER" and substituting "SENIOR ASSOCIATE JUDGE".
35(1) Subsection 11.27(1) is amended by striking out "senior master" wherever it occurs and substituting "senior associate judge".
35(2) Subsection 11.27(2) is amended by striking out "senior master" and substituting "senior associate judge".
35(3) Subsections 11.27(3) and (4) are amended by striking out "senior master" wherever it occurs and substituting "senior associate judge".
36 Clause 11.28(1)(a) is amended by striking out "masters" and substituting "associate judges".
37 Section 11.29 is amended by striking out "a master" and substituting "an associate judge".
38 Section 11.30 is amended
(a) by striking out "Masters Judicial Council" and substituting "Associate Judges Judicial Council"; and
(b) by striking out "masters" and substituting "associate judges".
39 Section 13 is amended by striking out "a master" wherever it occurs and substituting "an associate judge", with necessary grammatical changes.
40 Section 14 is amended, in the part before clause (a), by striking out "A master" and substituting "An associate judge".
41 Subsection 20(1) is amended by striking out "a master" and substituting "an associate judge".
42 Subsection 47(1) is amended by striking out "master" wherever it occurs and substituting "associate judge".
43 Subsection 49(1) is amended by striking out "master" and substituting "associate judge".
44 Clause 91(1)(e) is amended by striking out "a master" and substituting "an associate judge".
45 Clause 92(l) is amended by striking out "masters" wherever it occurs and substituting "associate judges".
46 Section 101 is amended, in Column 2 of the Table, by striking out "master" and substituting "associate judge".
PART 2
CONSEQUENTIAL AMENDMENTS
C.C.S.M. ACTS
47 Section 1 of The Administrative Tribunal Jurisdiction Act is amended in clause (c) of the definition "administrative tribunal" by striking out "master" and substituting "associate judge".
48(1) The Adoption Act is amended by this section.
48(2) Subsection 1(1) is amended
(a) by adding the following definition:
"associate judge" means an associate judge as defined in The Court of King's Bench Act; (« juge puîné »)
(b) by repealing the definition "master".
48(3) In the following provisions, "master" is struck out wherever it occurs and "associate judge" is substituted:
(a) section 18;
(b) subsection 26(4);
(c) section 27;
(d) subsection 65(2);
(e) clause 66(d);
(f) clause 74(c);
(g) clause 82(d);
(h) section 89;
(i) section 102.
49(1) The Builders' Liens Act is amended by this section.
49(2) Subsection 78(1) is amended by striking out "master" wherever it occurs and substituting "associate judge", with necessary grammatical changes.
49(3) Subsection 78(2) is amended by striking out "master" wherever it occurs and substituting "associate judge", with necessary grammatical changes.
49(4) Subsection 78(3) is amended by striking out "a master" and substituting "an associate judge".
50(1) The Child and Family Services Act is amended by this section.
50(2) Subsection 1(1) is amended
(a) by adding the following definition:
"associate judge" means an associate judge as defined in The Court of King's Bench Act; (« juge puîné »)
(b) by repealing the definition "master".
50(3) In the following provisions, "master" is struck out wherever it occurs and "associate judge" is substituted:
(a) subsections 2(2) and (3);
(b) subsection 15(3.2);
(c) subsection 20(5);
(d) subsection 21(3);
(e) subsection 27(1);
(f) sections 28 and 29;
(g) subsection 30(1.2);
(h) subsections 30(3) and (4);
(i) subsection 31(2);
50(4) Subsection 34(1) is amended by striking out "a master" and substituting "an associate judge".
50(5) Subsection 34(2) is amended by striking out "master" and substituting "associate judge".
50(6) Subsection 34(3) is amended, in the part before clause (a), by striking out "master" and substituting "associate judge".
50(7) In the following provisions, "master" is struck out and "associate judge" is substituted:
(a) section 36;
(b) subsection 37(1) in the part before clause (a);
50(8) Subsection 37(3) of the French version is amended by striking out "conseiller-maître" wherever it occurs and substituting "juge puîné".
50(9) In the following provisions, "master" is struck out and "associate judge" is substituted:
(a) subsection 38(2);
(b) subsection 38(6);
(c) subsections 39(1) and (2);
(d) subsection 39(5);
(e) subsection 39(7);
(f) subsection 40(3.1);
50(10) Subsection 43(1) is amended
(a) in the section heading, by striking out "master" and substituting "associate judge";
(b) by striking out "a master" and substituting "an associate judge"; and
(c) by striking out "master" and substituting "associate judge".
50(11) Subsection 43(2) of the English version is amended by striking out "master" in the section heading and substituting "associate judge".
50(12) In the following provisions, "master" is struck out and "associate judge" is substituted:
(a) subsection 45(4.1) in the part before clause (a);
(b) subsection 53(2);
(c) clause 77(2)(d);
(d) subsection 77(3) in the part before clause (a);
(e) subsection 79(1).
51(1) The Child Sexual Exploitation and Human Trafficking Act is amended by this section.
51(2) Clause 7(2)(b) is amended by striking out "master" and substituting "associate judge".
51(3) Subsection 7(3) is amended by striking out "master" wherever it occurs and substituting "associate judge".
52(1) The Provincial Court Act is amended by this section.
52(2) Subsection 10(5) is amended
(a) in the section heading, by striking out "master" and substituting "associate judge"; and
(b) by striking out "a master" and substituting "an associate judge".
52(3) Clause 32(1)(c) is amended
(a) by striking out "masters" and substituting "associate judges"; and
(b) by striking out "Masters Judicial Council" and substituting "Associate Judges Judicial Council".
53(1) The Court Security Act is amended by this section.
53(2) Subsection 8(1) is amended by striking out "master," and substituting "associate judge".
53(3) Subsection 8(2) is amended by striking out "master" and substituting "associate judge".
54(1) The Domestic Violence and Stalking Act is amended by this section.
54(2) Subclause 7(1.1)(b)(i) is amended by striking out "master" and substituting "associate judge".
54(3) Subsection 7(1.2) is amended by striking out "master" wherever it occurs and substituting "associate judge".
55 Clause 62(1)(f) of The Manitoba Evidence Act is amended by striking out "master" and substituting "associate judge".
56(1) The Family Maintenance Act is amended by this section.
56(2) Section 1 is amended
(a) by adding the following definition:
"associate judge" means an associate judge as defined in The Court of King's Bench Act; (« juge puîné »)
(b) by repealing the definition "master".
56(3) In the following provisions, "master" is struck out wherever it occurs and "associate judge" is substituted:
(a) subsection 49(1);
(b) subsection 49(1.2);
(c) subsections 55(2.5) and (2.6);
56(4) The centred heading before section 57 is amended by striking out "MASTER" and substituting "ASSOCIATE JUDGE".
56(5) In the following provisions, "master" is struck out wherever it occurs and "associate judge" is substituted:
(a) subsection 57(1);
(b) subsections 57(3) and (3.1);
(c) subsections 57(3.3) to (6).
56(6) Subsection 57(7) is amended
(a) in the section heading, by striking out "master" and substituting "associate judge"; and
(b) by striking out "a master" and substituting "an associate judge".
56(7) Subsection 57(8) is amended by striking out "master" wherever it occurs and substituting "associate judge".
56(8) Subsection 57.1(2) is amended by striking out "master" wherever it occurs and substituting "associate judge".
56(9) Subsection 57.2(1) is amended in the definition "justice" by striking out "master" and substituting "associate judge".
56(10) In the following provisions, "master" is struck out wherever it occurs and "associate judge" is substituted:
(a) subsections 59.3(2) and (3);
(b) subsections 60(1) and (2).
57(1) The Freedom of Information and Protection of Privacy Act is amended by this section.
57(2) Subsection 1(1) is amended in the definition "judicial administration record",
(a) in the part before clause (a), by striking out "master" and substituting "associate judge"; and
(b) in clause (e), by striking out "Masters Judicial Council" and substituting "Associate Judges Judicial Council".
57(3) Clause 4(a) is amended by striking out "master" and substituting "associate judge".
58 Section 5 of The Reciprocal Enforcement of Judgments Act is amended by striking out "master" and substituting "associate judge".
59 Clause 3(b) of The Jury Act is amended by striking out "master" and substituting "associate judge".
60(1) The Law of Property Act is amended by this section.
60(2) Subsection 17.3(9) is amended
(a) in the section heading, by striking out "master of the court" and substituting "associate judge"; and
(b) by striking out "the master" and substituting "an associate judge".
60(3) Subsection 30(2) is amended by striking out "master" and substituting "associate judge".
60(4) Subsection 33(1) is amended by striking out "the master or a local master" and substituting "an associate judge".
61 Subsection 75(10) of The Mental Health Act is amended
(a) in the section heading, by striking out "a master" and substituting "associate judge"; and
(b) by striking out "a master" and substituting "an associate judge".
62 Clause 18(b) of The Ombudsman Act is amended
(a) by striking out "or master" and substituting "or an associate judge"; and
(b) by striking out ", master" and substituting ", associate judge".
63(1) The Trustee Act is amended by this section.
63(2) Section 87 is amended by striking out "master" wherever it occurs and substituting "associate judge".
63(3) Subsection 90(1) is amended by striking out "master" and substituting "associate judge".
UNPROCLAIMED PROVISIONS
64 Clause 8.32(c), as enacted by section 10 of The Child and Family Services Amendment Act (Taking Care of Our Children), S.M. 2018, c. 13, is amended by striking out "master" and substituting "associate judge".
65(1) The Courts Modernization Act (Various Acts Amended), S.M. 2019, c. 16, is amended by this section.
65(2) Section 11.13.1, as enacted by section 24, is amended
(a) by striking out "A master" and substituting "An associate judge"; and
(b) by striking out "the master" and substituting "the associate judge".
65(3) Section 30 is amended
(a) in the section heading, by striking out "masters" and substituting "associate judges"; and
(b) by striking out "A master" and substituting "An associate judge".
S.M. 2022, c. 15, Schedule B amended
66(1) The Family Support Enforcement Act, as enacted by S.M. 2022, c. 15, Schedule B, is amended by this section.
66(2) Section 1 is amended
(a) by adding the following definition:
"associate judge" means an associate judge of the Court of King's Bench. (« juge puîné »)
(b) by repealing the definition "master".
66(3) In the following provisions, "master" is struck out wherever it occurs and "associate judge" is substituted:
(a) clause 40(k);
(b) clause 41(4)(c);
(c) subsection 41(5);
(d) subsection 53(3);
(e) subsections 58(2) and (3);
(f) subsections 67(1) and (2);
(g) subsections 67(6) to (8);
66(4) Section 69 is amended
(a) in the section heading, by striking out "master" and substituting "associate judge"; and
(b) by striking out "a master" and substituting "an associate judge".
66(5) Section 70 is amended by striking out "master" wherever it occurs and substituting "associate judge".
66(6) Subsection 71(1) is amended in the definition "justice" by striking out "a master" and substituting "an associate judge".
PART 3
COMING INTO FORCE
67 This Act comes into force on the day it receives royal assent.