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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) | LG 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| 3.2 | Repealed | |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 | |
| APPEAL | ||
| 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 | |