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The Provincial Court Act
This is an unofficial archived version of The Provincial Court Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. C275

The Provincial Court Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

1

In this Act

"Chief Judge" means the judge appointed under this Act as the Chief Judge of the Provincial Court of Manitoba; ("juge en chef')

"judge" means a judge of the Provincial Court of Manitoba; ("juge")

"Judicial Council" means the Judicial Council established under this Act; ("Conseil judiciaire")

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")

"Provincial Court" means the Provincial Court of Manitoba continued under this Act and "Provincial Court (Criminal Division)" means the Provincial Court of Manitoba (Criminal Division) and "Provincial Court (Family Division)" means the Provincial Court of Manitoba (Family Division). ("Cour provinciale")

PART I

PROVINCIAL COURT

Continuation of Provincial Court.

2(1)

The Provincial Court of Manitoba is continued as a court of record.

References to Provincial Court.

2(2)

The Provincial Court of Manitoba may be referred to in Acts of the Legislature, regulations, orders, forms and other documents as: "The Provincial Court".

Appointment of judges.

3(1)

Subject to the provisions of this Act, the Lieutenant Governor in Council may appoint such persons as he considers necessary as judges of the Provincial Court of Manitoba and fix the salaries, fees and other remuneration to be paid to them.

Qualifications.

3(2)

No person shall be appointed a judge unless

(a) he is a member in good standing of the Law Society of Manitoba;

(b) he is entitled to practise as a barrister and solicitor in Manitoba; and

(c) he has practised as a barrister or solicitor in Manitoba for not less than five years or has other equivalent experience.

Holding office during good behaviour.

3(3)

Except as otherwise provided in this Act, every person who is appointed a full-time judge under this Act shall

(a) hold office during good behaviour: and

(b) while he serves as a judge, reside in the province of Manitoba.

Oaths of office and allegiance.

4(1)

Every judge shall take and subscribe the oath of allegiance as required under The Civil Service Act and the following oath of office before the Chief Judge or a judge designated by him: I, of , in the Province of Manitoba, do solemnly swear that I will duly, faithfully and to the best of my knowledge and ability perform and fulfill the duties and requirements of the office of judge (Chief Judge) of the Provincial Court of Manitoba to which I have been appointed, and so long as I shall continue to hold office, without fear or favour. So help me God.

Oaths to be forwarded to Executive Council.

4(2)

The oath of office and oath of allegiance shall be transmitted forthwith to the Chief Judge who shall send the oaths to the Clerk of the Executive Council together with such copies thereof as may be directed by the minister.

Resignation.

5

A judge may at any time resign his office in writing, signed by him and delivered to the minister.

Continuation of matters before resigning judges, etc.

6(1)

A judge who resigns or retires remains seized of any cause, action or matter in respect of which he has heard evidence or argument, for a period of 12 weeks after his resignation or retirement and may, within those 12 weeks, continue to hear further evidence or argument necessary to complete the proceedings in the cause, action or matter and give judgment thereon as if he had not resigned or retired.

Death, etc. of judge.

6(2)

Where a judge before whom the trial of any cause, action or matter has been begun

(a) dies or becomes incapacitated before giving judgment in the cause, action or matter; or

(b) resigns or retires and does not give judgment in the cause, action or matter within the time allowed under subsection (1);

any party to the cause, action or matter may set it down to be reheard and, upon the rehearing, the court shall deal with the cause, action or matter as on an original trial and shall give judgment accordingly.

Jurisdiction.

7

Every judge has jurisdiction throughout Manitoba and

(a) shall exercise all the powers and perform all the duties conferred or imposed upon a judge by or under any Act of the Legislature or of the Parliament of Canada;

(b) has all the power and authority now vested by or under any Act of the Legislature in a magistrate, two justices of the peace sitting together or a juvenile, youth or family court or a judge thereof;

(c) may exercise all the powers and perform all the duties conferred or imposed on a magistrate, provincial magistrate or one or more justices of the peace under any Act of the Parliament of Canada;

(d) may exercise the jurisdiction conferred upon a magistrate under Part XVI of the Criminal Code (Canada); and

(e) is ex officio a justice of the peace and commissioner for oaths.

Chief Judge.

8(1)

The Lieutenant Governor in Council may appoint a judge as Chief Judge of the Provincial Court of Manitoba.

Duties of Chief Judge.

8(2)

The Chief Judge has general supervisory powers in respect of judges, magistrates and justices of the peace and assigning judges, magistrates and justices of the peace for hearings as circumstances require and shall perform such administrative and other duties as the minister may direct.

Investigations of fitness of judges, etc.

8(3)

The Chief Judge shall conduct an investigation respecting the fitness of a judge, magistrate or justice of the peace where

(a) he considers that an investigation is required; or

(b) he is directed by the Attorney-General to conduct an investigation.

Report on investigation.

8(4)

On completion of an investigation under subsection (3), the Chief Judge may

(a) take any corrective action that he considers necessary using the powers given to him under this Act; or

(b) file a report thereof with the Judicial Council which shall receive the report as the report of an investigation on a complaint referred under subsection 29(2);

and shall submit to the Attorney-General a written report setting out the nature of the investigation, the relevant facts, his findings, any corrective action taken, and whether or not he has filed a report with the Judicial Council.

Appointment of Associate Chief Judges.

9(1)

The minister may designate a judge to be Associate Chief Judge of the Provincial Court (Criminal Division) or a judge to be Associate Chief Judge of the Provincial Court (Family Division) or both, as set out in the designation.

Duties of Associate Chief Judges.

9(2)

A judge who is designated as the Associate Chief Judge of the Provincial Court (Criminal Division) has, subject to the supervision of the Chief Judge, general supervisory powers in respect of the judges, magistrates and justices of the peace acting in the Provincial Court (Criminal Division) and a judge who is designated as the Associate Chief Judge of the Provincial Court (Family Division) has, subject to the supervision of the Chief Judge, general supervisory powers in respect of judges, magistrates and justices of the peace acting in the Provincial Court (Family Division).

Judge to devote full time to duties.

10(1)

Subject to subsections (4) and (5), no judge appointed on a full-time basis shall

(a) carry on, engage in, practise or conduct any business, trade, profession or occupation; or

(b) act as commissioner, arbitrator, adjudicator, referee, conciliator, umpire, or mediator on any matter or proceeding;

except on the direction of the Lieutenant Governor in Council.

No extra remuneration.

10(2)

Except as provided in subsection (3), no judge appointed on a full-time basis shall accept any salary, fee or other remuneration for doing any of the things mentioned in clause (1)(a) or (b).

Expenses accepted.

10(3)

A judge acting as a commissioner, arbitrator, adjudicator, referee, umpire, conciliator or mediator in any matter or proceeding on the direction of the Lieutenant Governor in Council may receive reasonable travelling and other expenses incurred by him away from his ordinary place of residence while acting in that capacity or in the performance of the duties and services of the office in the same amount and under the same conditions as if he were performing a function or duty as a judge if the expenses are paid by the government in respect of a matter within the legislative authority of the Legislature.

Winding up practice, etc.

10(4)

A judge newly appointed on a full-time basis may, with the approval of the Chief Judge, wind up his practice of law or any other business, commercial or professional activities in which he was engaged within a reasonable time of his appointment.

Acting as master, etc. of Q.B.

10(5)

Nothing in this section prevents a judge from acting as a master, referee or deputy registrar of the Court of Queen's Bench.

Vacation leave, sick leave, etc.

11(1)

Every judge appointed on a full-time basis is entitled

(a) to observe the same holidays as a Manitoba government employee;

(b) in each year to a vacation with pay computed and calculated as if the judge were a Manitoba government employee;

(c) to sick leave computed and calculated as if the judge were a Manitoba government employee; and

(d) upon termination of service as a provincial judge as a result of retirement in accordance with the provisions of The Civil Service Superannuation Act, or death, to payment of severance pay computed and calculated as if the judge were a Manitoba government employee.

Additional leave.

11(2)

The Lieutenant Governor in Council may grant leave of absence with or without pay to any judge for such period and on such terms as the Lieutenant Governor in Council, in view of the circumstances of the case, may consider just and appropriate.

Full-time judges residence.

12(1)

The Chief Judge may designate the area of the province in which a judge appointed on a full-time basis shall establish residence or become ordinarily resident.

Review respecting residence.

12(2)

Where the Chief Judge designates an area of the province in which a judge appointed on a full-time basis shall establish residence or become ordinarily resident, the judge may, within 21 days after being informed of the designation, apply in writing to the Judicial Council to review the designation and the Judicial Council shall hold a hearing on the application and may confirm, vary or set aside the designation.

Onus on review.

12(3)

On an application under subsection (2), the onus is on the Chief Judge to establish to the satisfaction of the Judicial Council the need for the judge to whom the designation relates to establish residence or become ordinarily resident in the area designated.

PART II

PROVINCIAL COURT (CRIMINAL DIVISION)

Establishment of Criminal Division.

13(1)

There shall be a criminal division of the Provincial Court known as: "The Provincial Court of Manitoba (Criminal Division)".

References to Criminal Division.

13(2)

The Provincial Court of Manitoba (Criminal Division) may be referred to in Acts of the Legislature, regulations, orders forms and other documents as: "The Provincial Court (Criminal Division)".

Sittings of Criminal Division.

14

The Provincial Court (Criminal Division) shall hold sittings at any place designated by the minister.

Clerks, etc.

15(1)

Subject to subsection (2), the Lieutenant Governor in Council shall appoint such clerks, deputy clerks and assistants for the Provincial Court (Criminal Division) as he deems advisable.

Appointment under Civil Service Act.

15(2)

Where a clerk, deputy clerk or assistant for the Provincial Court (Criminal Division) is a member of the civil service of the province as defined in the Civil Service Act, the appointment shall be made as provided in that Act.

PART III

PROVINCIAL COURT (FAMILY DIVISION)

Establishment of Family Division.

16(1)

There shall be a family division of the Provincial Court known as: "The Provincial Court of Manitoba (Family Division)".

References to Family Division.

16(2)

The Provincial Court of Manitoba (Family Division) may be referred to in Acts of the Legislature, regulations, orders, forms and other documents as: "The Provincial Court (Family Division)".

Sittings of Family Division.

17

The Provincial Court (Family Division) shall hold sittings at any place designated by the minister.

Clerks and bailiffs.

18(1)

Subject to subsection (2), the Lieutenant Governor in Council shall appoint such clerks, bailiffs, deputy clerks, deputy bailiffs, and assistants for the Provincial Court (Family Division) as he deems advisable.

Appointment under Civil Service Act.

18(2)

Where a clerk, bailiff, deputy clerk or deputy bailiff or assistant for the Provincial Court (Family Division) is a member of the civil service of the province as defined in The Civil Service Act, the appointment shall be made as provided in that Act.

Jurisdiction.

19(1)

The Provincial Court (Family Division)

(a) is a youth court for the purpose of dealing with young persons and has all the powers vested in a youth court under the Young Offenders Act (Canada):

(b) has power to try any child charged with an offence against the laws of Manitoba: and

(c) has power to deal with all causes and matters where a jurisdiction is conferred by any Act upon a family court or a judge thereof or upon the Provincial Court (Family Division) or a judge thereof or upon a youth court or a judge thereof.

Jurisdiction respecting enforcement.

19(2)

For the purpose of enforcement of judgments or orders made under any Act of the Legislature, The Provincial Court (Family Division)

(a) has the like powers as are possessed by the Court of Queen's Bench of enforcing its judgments and orders in any part of the province, and may issue the like writs and processes as may be issued by that court, and such writs and processes have like force and effect as though issued out of the Court of Queen's Bench; and

(b) may examine or cause to be examined, a judgment debtor touching his estate and effects and his property or means and any disposition thereof, and may, upon the examination or on default in appearance thereat by the debtor or in the case of default of payment, order that during the continuance of the default the debtor, as against the judgment creditor, be deprived of all exemptions to which he is entitled under The Executions Act or The Garnishment Act.

Filing of maintenance orders in Family Division.

20

A person entitled to alimony or maintenance payments under a judgment or order of the Court of Queen's Bench may file a copy of the judgment or order in the Provincial Court (Family Division) and when so filed the judgment or order may be enforced in the manner as if the judgment or order had been made by a judge of the Provincial Court (Family Division) under The Family Maintenance Act.

Removal of action from one place to another.

21(1)

A judge in the Provincial Court (Family Division) may order that an action or proceeding brought or taken in one place be removed to or heard in another place at which the Provincial Court (Family Division) holds sittings.

Consequence of removal.

21(2)

Where an action or proceeding is removed from one place to another under this section, it shall be in the same plight and condition as it was at the time of the removal and thereafter it may be proceeded with as if it had been commenced in the place to which it has been removed.

Transfer of action to Queen*s Bench.

22(1)

Where an action or proceeding in the Provincial Court (Family Division) could have been brought in the Court of Queen's Bench, any party to the action or proceeding may, with the consent of all parties to the action or proceeding, apply to the Provincial Court (Family Division) at any time before the date for hearing is fixed, to have the action or proceeding referred to the Court of Queen's Bench, and the Provincial Court (Family Division) shall refer the action or proceeding and transfer all pleadings and documents filed in the action or proceeding in the Provincial Court (Family Division) to the Court of Queen's Bench, and the Court of Queen's Bench shall receive the action or proceeding, including any counterclaims, and all pleadings and documents filed in connection therewith, and those pleadings and documents shall be deemed to be pleadings and documents filed in the Court of Queen's Bench.

Consequence of transfer.

22(2)

Where an action or proceeding is transferred to the Court of Queen's Bench under this section, it shall be in the same plight and condition as that in which it was at the time of the transfer, and thereafter it may be proceeded with as if it had been commenced in the Court of Queen' Bench.

Amendment of pleadings.

22(3)

Where an action or proceeding is transferred to the Court of Queen's Bench under this section, the parties to the action or proceeding are responsible for amending and may amend their pleadings in the Court of Queen's Bench to comply with the rules and practice of the Court of Queen's Bench.

No appeal from consent judgment.

23

No judgment or order of the Provincial Court (Family Division), by the consent of parties is subject to an appeal, except by leave of the Provincial Court (Family Division).

Provision for appeal generally.

24(1)

Subject to section 23, and except in an action or proceeding where an Act applicable thereto provides for an appeal in another manner, a person directly affected by a judgment or order of the Provincial Court (Family Division) may appeal therefrom to the Court of Appeal.

Stay of proceedings.

24(2)

An appeal to the Court of Appeal does not operate as a stay of execution or of proceedings under the judgment or order appealed from, but a judge of the Provincial Court (Family Division) or a judge of the Court of Appeal, may order a stay either unconditionally or upon terms.

Papers transmitted.

24(3)

Where a judgment or order of the Provincial Court (Family Division) is appealed under this section, the clerk of the Provincial Court (Family Division) upon request in writing of the appellant, shall transmit to the Registrar of the Court of Appeal all pleadings, papers and documents filed in the Provincial Court (Family Division) in the action.

Proceedings not invalid for lack of form.

25

No judgment or order or proceeding had or made in the Provincial Court (Family Division) concerning any matter or thing arising under an Act of the Legislature shall be quashed, set aside or vacated for any lack of formality or form.

Rules.

26(1)

The judges of the Provincial Court (Family Division), or a majority of them, meeting together, may make rules

(a) regulating the pleading, practice and procedure in the Provincial Court (Family Division);

(b) allowing and regulating service out of Manitoba;

(c) respecting the venue of any action or proceeding brought or taken in the Provincial Court (Family Division);

(d) prescribing a tariff of fees to be allowed to barristers, attorneys and appraisers in actions or proceedings brought or taken in the Provincial Court (Family Division);

(e) prescribing forms for use in the Provincial Court (Family Division);

(f) respecting any other matter or thing in the Provincial Court (Family Division).

Effect of rules.

26(2)

Subject to The Regulations Act, all rules and amendments thereto made under subsection (1) have the same force and effect as if they were embodied in and formed part of this Act.

Continuation of old rules.

26(3)

The rules in force immediately before the coming into force of this Act, remain in force after the coming into force of this Act as though they had been made under this section, until they are repealed or amended by rules made under this section.

PART IV

JUDICIAL COUNCIL

Establishment of Judicial Council.

27(1)

There shall be a Judicial Council which shall be composed of

(a) the Chief Justice of the Queen's Bench who, when acting, shall be chairman or another justice of that court designated by the Chief Justice, who, when so designated, shall be chairman;

(b) three judges, one of whom may be the Chief Judge, designated by the Attorney-General;

(c) the president of the Law Society of Manitoba or a member of the Law Society of Manitoba designated by the president thereof;

(d) the president of the Manitoba branch of the Canadian Bar Association or a member of the Manitoba branch of the Canadian Bar Association designated by the president thereof; and

(e) three other members appointed by the Lieutenant Governor in Council who shall hold office for such term as may be specified by the Lieutenant Governor in Council and thereafter until their successors are appointed.

Acting chairman.

27(2)

Where for any reason, the Chairman of the Judicial Council is unable to act, the other members shall choose a member to act in his absence as chairman, and when the other members are unable to agree on a member to act as chairman, the Chief Justice of the Queen's Bench shall designate a member to act as chairman in the absence of the chairman.

Procedure.

27(3)

Subject to this Act, the Judicial Council may determine its own procedures and conduct inquiries in such manner as it considers appropriate.

Quorum.

27(4)

Five members of the Judicial Council constitute a quorum thereof and a decision of a majority of the members present at a meeting of the Council at which there is a quorum is a decision of the Judicial Council.

Remuneration.

27(5)

The members of the Judicial Council, other than the chairman and the Chief Judge, may be paid such remuneration and out-of-pocket expenses as may be approved by the minister.

Function of Judicial Council.

28(1)

The function of the Judicial Council is to receive and deal with complaints respecting conduct unbecoming a judge or the neglect of duty by a judge or the ability or capacity of a judge to perform his duties.

Complaints to Chief Justice of Queen's Bench.

28(2)

A complaint respecting the conduct of a judge, or the neglect of duty by a judge, or the ability or capacity of a judge to perform, his duties, shall be made to the Chief Justice of the Queen's Bench in writing in such form and in such manner as the Judicial Council may require.

Withdrawal of complaint.

28(3)

A person who has made a complaint under subsection (2) may, with the consent of the Judicial Council, withdraw the complaint.

Frivolous and vexatious complaints.

29(1)

Where the Judicial Council receives a complaint that a majority of the members thereof consider to be frivolous or vexatious, it shall dismiss the complaint and advise the complainant accordingly.

Reference to Chief Judge, etc.

29(2)

Where the Judicial Council receives a complaint that it does not dismiss under subsection (1), it may refer the complaint to any person whom the Judicial Council deems fit, for an investigation and report.

Suspension by Chief Judge.

30

Where a complaint in respect of a judge has been referred under subsection 29(2) for an investigation and report or the Judicial Council is proceeding to hold an inquiry in respect of a judge, the Chief Judge may suspend the judge pending the result of the investigation or inquiry.

Inquiry at request of minister.

31(1)

Where the Judicial Council receives a request from the minister to hold an inquiry into the conduct, ability or capacity of or neglect of duty by a judge, it shall hold the inquiry.

Inquiry following investigation.

31(2)

Where the Judicial Council receives a report on a complaint referred under subsection 29(2) for an investigation and report, it shall, upon receiving the report, consider the report and

(a) if upon consideration of the report, a majority of the members of the Council consider the complaint to be frivolous, vexatious or unfounded, or to have been resolved in a manner satisfactory to the Council, it may dismiss the complaint and advise the complainant accordingly; or

(b) it may decide to proceed to hold an inquiry in respect of the complaint.

Inquiry by Judicial Council.

32

Where the Judicial Council proceeds to hold an inquiry into a complaint or upon the request of the minister, it shall give, or cause to be given, to the judge in respect of whom the inquiry is to be made at least 15 days notice in writing stating

(a) particulars of the complaint or the request of the minister, as the case may be; and

(b) the date, time and place of the inquiry ;

and the inquiry shall be held in public unless the Judicial Council determines that, in the public interest, all or part of the inquiry should be held in camera.

Counsel appointed by minister.

33(1)

Where the minister requests an inquiry be conducted, he may appoint legal counsel to act on his behalf and to appear and present evidence at the inquiry.

Counsel appointed by Judicial Council.

33(2)

The Judicial Council may appoint legal counsel to appear at an inquiry and present evidence relating to a complaint.

Right of judge to be present, etc.

33(3)

A judge in respect of whom the Judicial Council is holding an inquiry may be present and represented by counsel at the inquiry and may adduce evidence and cross-examine witnesses.

Powers and protection under Evidence Act.

34

The Judicial Council has all the powers of a commissioner appointed under Part V of The Manitoba Evidence Act, and each member of the Judicial Council has the protection that a commissioner appointed under Part V of that Act has.

Examination of records, etc.

35(1)

For the purposes of an inquiry under this section, the Judicial Council, or a person authorized for the purpose by the Judicial Council, may examine and extract relevant information from any records or writings in the possession of a judge in respect of whom the inquiry is made and may make such copies thereof as the Judicial Council considers necessary.

Prohibition of publication of information.

35(2)

The Judicial Council may prohibit the publication of information or documents placed before it that relate to an inquiry or investigation under this Act where it is of the opinion that the publication is not in the public interest.

Disposition of complaint.

36(1)

After holding an inquiry, the Judicial Council may

(a) dismiss the complaint; or

(b) suspend the judge; or

(c) reprimand the judge;

and may make such order as to costs as it may deem advisable and shall forward a record of the proceedings of the inquiry to the Chief Judge and to the minister, and the decision or order so made shall be in writing and shall be served personally upon the judge affected thereby.

Salary while suspended.

36(2)

Where a judge is suspended under section 30, the Judicial Council may order that, pending the determination of the inquiry, the judge not receive any salary.

Remittance of salary.

36(3)

Where the Judicial Council has made an order under subsection (2), it may, following the completion of the inquiry, order that all or any part of the salary not paid to the judge in accordance with the order made under subsection (2), be remitted to the judge.

Appeal.

37

A judge who is affected by an order or decision of the Judicial Council may, within 30 days after the date of service of the order or decision on him, appeal the order or decision, as the case may be, to the Court of Appeal upon any issue of fact or law or mixed fact and law.

Making order public.

38

Where an appeal against an order or decision of the Judicial Council under section 37 is dismissed or the time for appeal from an order or decision of the Judicial Council has expired, the Judicial Council

(a) shall provide the complainant with a copy of the order or decision; and

(b) may make the order or decision public.

Removal of judge from office.

39

Where the Judicial Council, after an inquiry, suspends a judge from office and

(a) an appeal from the suspension by the judge is dismissed; or

(b) the time for appeal has expired;

the Lieutenant Governor in Council may remove the judge from office and revoke his appointment.

PART V

MAGISTRATES AND JUSTICES OF THE PEACE

Appointment of magistrates and justices of the peace.

40

The Lieutenant Governor in Council may appoint on a full-time or part-time basis such magistrates and justices of the peace as he considers necessary who shall have jurisdiction throughout the province.

Salaries and remuneration.

41

Every person appointed under section 40, may subject to this Act

(a) be paid such salary, fee and other remuneration as may be prescribed by the Lieutenant Governor in Council; or

(b) be appointed as provided in The Civil Service Act and paid remuneration and expenses as provided for members of the civil service of the province.

Powers of magistrate.

42(1)

Subject to subsection (2), every magistrate has all the powers and authority vested in a magistrate or two or more justices of the peace sitting and acting together under any law or statute in force in Manitoba.

Powers under Criminal Code.

42(2)

A magistrate shall not exercise jurisdiction in matters arising under Part XVI of the Criminal Code (Canada).

Exercise of jurisdiction.

42(3)

Every magistrate may act as and in the capacity of, a judge of the Provincial Court for such purposes as the Chief Judge may determine.

Jurisdiction of justices of the peace.

43

Notwithstanding any law or statute to the contrary, a justice of the peace whose appointment has been duly made and is in force may hear, try and determine prosecutions, charges, matters and proceedings in the following cases only:

(a) In cases under municipal by-laws.

(b) In cases under any Act of the Legislature or of the Parliament of Canada in connection with which it is specifically provided that a justice of the peace may hear, try, determine and adjudge prosecutions, charges, matters and proceedings in cases that arise under that Act.

Security.

44

A magistrate or justice of the peace before entering upon the duties of his office shall furnish such security for due performance of his duties as the Lieutenant Governor in Council may prescribe.

Oaths of office.

45

Every magistrate and every justice of the peace before entering upon the duties of his office shall take and subscribe an oath of allegiance as required under The Civil Service Act and an oath of office similar in form to the oath of office set out in section 4, with such modifications as the circumstances require, and the oaths shall be sent forthwith by the magistrate or justice of the peace to the Chief Judge who shall send the oaths to the Clerk of the Executive Council together with such copies thereof as may be directed by the minister.

Penalty.

46

Any person who acts as a magistrate or justice of the peace without first complying with sections 44 and 45, or after the termination of his appointment as a magistrate or justice of the peace is guilty of an offence and liable on summary conviction to a fine not exceeding $200.

PART VI

GENERAL

Order in court.

47

Every judge and every magistrate has the same power and authority to preserve order in the court for which he presides as may be exercised by a judge of the Court of Queen's Bench.

Travelling expenses and allowances.

48

Every judge and magistrate is entitled to such travelling and other expenses and allowances as may be established from time to time with respect to employees under The Civil Service Act.

Exemption from liability.

49

Except as provided in this Act, no action shall lie or be instituted against a judge, magistrate or justice of the peace for any act done by him in the execution of his duty as such unless the act was done maliciously and without reasonable and probable cause.

Partisan political activities forbidden.

50

No judge or magistrate shall engage in any manner whatever in partisan political activities.

Extension of time for translations.

51

Notwithstanding this or any other Act of the Legislature, for the purpose of allowing time for obtaining a translation from French into English or English into French of any document filed in the Provincial Court or served on a party in an action or proceeding in the Provincial Court, a judge may extend the time within which, or postpone the day before or by which, any further document is required to be filed in response or any proceeding is required to be taken under any Act of the Legislature.

Remitting of fines and fees.

52

All fines and justices' fees collected by a judge, magistrate or justice of the peace shall be remitted forthwith to the Minister of Finance or to whomever the same are lawfully payable.

Fees and expenses payable by municipality.

53(1)

Where a justice of the peace hears an information or complaint upon an offence or matter in respect of which he may impose a fine and costs, or either, that, under the law or practice, are payable to a municipality, the fees and expenses of the justice shall be paid by the municipality to the justice.

Fees and expenses payable by province.

53(2)

In all cases and proceedings that do not come within subsection (1) and that arise under or by virtue of laws enacted by the Legislature or administered by the government of Manitoba, the fees and expenses of the justice shall, when they are not collected from the person charged or from the informant, be paid from and out of the Consolidated Fund with moneys authorized to be so paid and applied.

Offence and penalty.

54

Any judge, magistrate or justice of the peace who

(a) whether he made the conviction or not, collects a fine and costs or either of them and neglects or refuses to remit it or them as required under section 52; or

(b) wilfully makes a false, partial or incorrect return or wilfully fails, refuses or neglects to make any return as required under the regulations;

is guilty of an offence and is liable on summary conviction to a fine not exceeding $500.

Regulations.

55(1)

For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations,

(a) respecting the returns and records to be made or kept by judges, magistrates and justices of the peace;

(b) providing for the safekeeping, inspection and maintenance of books, documents and papers;

(c) prescribing seals for use by the Provincial Court, the Provincial Court (Criminal Division) and the Provincial Court (Family Division);

(d) providing for pension benefits for judges and their surviving spouses and surviving children and for the transfer or other disposition of benefits in respect thereof to which persons appointed as judges under this Act were entitled as Manitoba government employees at the time of their appointment under this Act;

(e) respecting such other matters as may be necessary to carry out the intent and purpose of this Act.

Application of Civil Service Superannuation Act.

55(2)

If no regulation made under clause (1)(d) is in force providing for pension benefits for judges and their surviving spouses and surviving children, The Civil Service Superannuation Act applies to full-time judges as though they were employees within the meaning of that Act.