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C.C.S.M. c. C275
The Provincial Court Act
Table of Contents
| 1 | Definitions | |
| PART I | ||
| PROVINCIAL COURT | ||
| 2 | Continuation of Provincial Court | |
| (2) | References to Provincial Court | |
| APPOINTMENT OF JUDGES | ||
| 3 | LG in C may appoint judges | |
| (2) | Qualifications | |
| (3) | Holding office during good behaviour | |
| 3.1 | Appointment from list of candidates | |
| 3.2 | [Repealed] | |
| 3.3 | Judicial appointment committee | |
| (2) | Composition of committee | |
| (3) | Appointment considerations | |
| (4) | Term | |
| (5) | Chair | |
| 3.4 | Receiving applications for judicial appointment | |
| (2) | Encouraging diverse pool of candidates | |
| (3) | Reviewing applications | |
| (4) | Evaluation criteria | |
| (5) | Interviews and inquiries | |
| (6) | Evaluation of candidates | |
| 3.5 | List of candidates | |
| (2) | Form of list | |
| (3) | Review and revision of list | |
| 3.6 | List of candidates to minister | |
| (2) | Request for re-evaluation | |
| (3) | Re-evaluation by committee | |
| 3.7 | Confidentiality | |
| 4 | Oaths or affirmation by judge | |
| (2) | Forwarded to Executive Council | |
| RESIGNATION | ||
| 5 | Resignation | |
| CONTINUING OR REHEARING MATTERS IN CERTAIN CIRCUMSTANCES |
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| 6 | 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 | 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 | 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 | Senior judges | |
| (2) | Assigning senior judges for judicial duties | |
| (3) | Oaths or affirmations required | |
| (4) | [Repealed] | |
| (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 | Appointing Chief Judge | |
| (2) | Appointment from list of recommended candidates | |
| (3) | Appointment committee | |
| (4) | Direction re scope | |
| (5) | Committee duties | |
| (6) | Providing list of recommended candidates | |
| 8.0.1 | Term for Chief Judge | |
| (2) | Salary at end of term | |
| (3) | Application | |
| 8.1 | Duties of Chief Judge | |
| 8.1.1 | Continuing education | |
| (2) | Seminars related to sexual assault law | |
| (3) | Reporting on seminars held | |
| 8.2 | Resignation as Chief Judge | |
| 8.3 | 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 | Term for Associate Chief Judges | |
| (2) | Salary at end of term | |
| (3) | Application | |
| GENERAL PROVISIONS | ||
| 10 | 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 K.B. | |
| 11 | [Repealed] | |
| COMPENSATION COMMITTEE | ||
| 11.1 | 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 | 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 | Court sittings and judge's residence | |
| (2) | Change of residence | |
| PART II | ||
| PROVINCIAL COURT (CRIMINAL DIVISION) |
||
| 13 | Establishment of Criminal Division | |
| (2) | References to Criminal Division | |
| 14 | Sittings of Criminal Division | |
| 15 | [Repealed] | |
| PART III | ||
| PROVINCIAL COURT (FAMILY DIVISION) |
||
| 16 | Establishment of Family Division | |
| (2) | References to Family Division | |
| 17 | Sittings of Family Division | |
| 18 | [Repealed] | |
| 19 | Jurisdiction | |
| (2) | Jurisdiction respecting enforcement | |
| 20 | Filing of maintenance orders in Family Division | |
| 20.1 | Definitions | |
| 20.2 | Referral to designated mediator | |
| (2) | Action by designated mediator | |
| 20.3 | Mediation by designated mediator | |
| (2) | Mediation by private practising mediator | |
| (3) | Exception | |
| 20.4 | Court may direct evaluation | |
| (2) | Factors | |
| (3) | Apportioning cost | |
| (4) | Person appointed | |
| (5) | Report | |
| (6) | Inference from refusal | |
| 20.5 | Evaluator may be witness | |
| 21 | Removal of action from one place to another | |
| (2) | Consequence of removal | |
| 22 | Transfer of action to King's Bench | |
| (2) | Consequence of transfer | |
| (3) | Amendment of pleadings | |
| 23 | No appeal from consent judgment | |
| 24 | Provision for appeal generally | |
| (2) | Stay of proceedings | |
| (3) | Papers transmitted | |
| 25 | Proceedings not invalid for lack of form | |
| 26 | Rules | |
| (2) | Effect of rules | |
| (3) | Continuation of old rules | |
| PART III.1 | ||
| ELECTRONIC DOCUMENTS | ||
| 26.1 | Purpose | |
| 26.2 | Definitions | |
| 26.3 | Dealing with data in court | |
| 26.4 | Transfer of data | |
| 26.5 | Time of filing | |
| 26.6 | Documents in writing | |
| 26.7 | Electronic signatures | |
| 26.8 | Oaths | |
| 26.9 | Regulations | |
| (2) | Establishing or adopting requirements | |
| (3) | Incorporation by reference | |
| PART IV | ||
| COMPLAINTS ABOUT JUDICIAL CONDUCT |
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| 27 | Definitions | |
| COMPLAINTS | ||
| 28 | 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 | Powers of Chief Judge | |
| (2) | Complaints referred directly to board | |
| (3) | Notification of decision | |
| (4) | Referral to board by complainant | |
| JUDICIAL INQUIRY BOARD ESTABLISHED |
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| 32 | Judicial Inquiry Board | |
| (2) | Composition | |
| (3) | Ineligible persons | |
| (4) | Term and reappointment | |
| (5) | Member continues | |
| (6) | Appointment of successor | |
| (7) | King'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 |
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| 33 | Preliminary investigation | |
| (2) | Notification by board | |
| (3) | Investigation private | |
| (4) | Information re complaint | |
| 34 | Investigation of other matters | |
| 35 | Decision of board | |
| (2) | Charge laid before council | |
| (3) | Charge public, subject to exception | |
| (4) | Notice of decision | |
| (5) | Board's decision final | |
| 36 | Reassignment or suspension of judge | |
| (2) | Appeal of suspension without pay | |
| (3) | Stay pending appeal | |
| (4) | Powers of Court on appeal | |
| JUDICIAL COUNCIL ESTABLISHED |
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| 37 | 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 | |
| (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 |
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| 39 | 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 | Dispositions | |
| (2) | Combination of dispositions | |
| (2.1) | Disposition re incapacitated judge | |
| (3) | Effect of retirement recommendation | |
| (4) | Pay | |
| 39.2 | Costs | |
| (2) | Considerations re costs | |
| (3) | Payment of costs | |
| (4) | Filing order to pay costs | |
| 39.3 | Reasons for decision | |
| (2) | Notice of decision | |
| 39.4 | Retirement or removal of judge from office | |
| 39.5 | 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 | Appeal to Court of Appeal | |
| (2) | Stay pending appeal | |
| (3) | Powers of Court on appeal | |
| COMPLAINTS RE CHIEF JUDGE | ||
| 39.7 | 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 | 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 | Giving notice | |
| (2) | Effective notice under clause (1)(b) | |
| PART V | ||
| JUSTICES OF THE PEACE | ||
| APPOINTING JUSTICES OF THE PEACE | ||
| 40 | Appointing justices of the peace | |
| (2) | Types of justices of the peace | |
| 41 | Eligibility — staff and community justices of the peace | |
| (2) | Ineligible persons | |
| JUDICIAL JUSTICES OF THE PEACE | ||
| 42 | Appointment from list of recommended candidates | |
| 42.1 | Appointment Committee for Judicial Justices of the Peace | |
| (2) | Composition of committee | |
| (3) | Term of appointment | |
| 42.2 | Receiving applications for appointment | |
| (2) | Encouraging diverse pool of candidates | |
| (3) | Committee to meet to review applications | |
| (4) | Evaluation criteria | |
| (5) | Committee may conduct inquiries | |
| 42.3 | List of qualified candidates | |
| (2) | Ongoing list | |
| (3) | Review and revision of list | |
| 42.4 | Appointment committee to meet re appointment | |
| (2) | List of recommended candidates to minister | |
| (3) | Interviews and inquiries | |
| (4) | Certifying list with fewer than three candidates | |
| 42.5 | Confidentiality | |
| 43 | [Repealed] | |
| 44 | Residence requirement | |
| (2) | Change of residence | |
| 45 | Full-time devotion to duties | |
| 46 | Holding office during good behaviour | |
| 47 | Powers and duties | |
| 48 | Salary and benefits | |
| (2) | Public Service Act does not apply | |
| (3) | Civil Service Superannuation Act applies | |
| 49 | If judicial justice resigns or dies | |
| ADMINISTRATIVE JUDICIAL JUSTICE OF THE PEACE |
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| 49.1 | Appointing administrative judicial justice of the peace | |
| (2) | Term | |
| (3) | Consequences of expiry of appointment | |
| 49.2 | Role | |
| (2) | Status | |
| SENIOR JUDICIAL JUSTICES OF THE PEACE | ||
| 49.3 | Senior judicial justices of the peace | |
| (2) | Oaths or affirmations required | |
| (3) | Assigning duties to judicial justices of the peace | |
| (4) | Limitation on assigning duties | |
| (5) | Powers and authority | |
| (6) | Applicable provisions | |
| (7) | Other remuneration | |
| (8) | Per diem remuneration | |
| (9) | Expenses | |
| (10) | Ceasing to be senior judicial justice of the peace | |
| 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 | 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 |
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| 59 | Oaths | |
| 60 | Resignation | |
| PART VI | ||
| COMPLAINTS ABOUT JUDICIAL JUSTICES OF THE PEACE |
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| 61 | Definitions | |
| COMPLAINTS | ||
| 62 | Complaints | |
| (2) | Form of complaint | |
| (3) | Assistance to public | |
| 63 | Chief Judge or designate to deal with complaint | |
| (2) | Notice to subject of complaint | |
| INVESTIGATION BY CHIEF JUDGE OR DESIGNATE |
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| 64 | Same investigative process as for judges | |
| (2) | Provisions of Part IV that apply | |
| ADJUDICATION BY COURT OF KING'S BENCH JUDGE |
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| 65 | Designating hearing judge to adjudicate charge | |
| (2) | Hearing judge not to be board member | |
| (3) | Powers of hearing judge | |
| 66 | Notice of hearing | |
| 67 | Same adjudication process as for judges | |
| (2) | Provisions of Part IV that apply | |
| APPEAL | ||
| 68 | Appeal to Court of Appeal | |
| OTHER MATTERS | ||
| 69 | 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 | |