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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 |