Skip to main content
The Provincial Court Act

R.S.M. 1987, 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.
3 Appointment of judges.
(2) Qualifications.
(3) Holding office during good behaviour.
4 Oaths of office and allegiance.
(2) Oaths to be forwarded to Executive Council.
5 Resignation.
6 Continuation of matters before resigning judges, etc.
(2) Death, etc. of judge.
7 Jurisdiction.
8 Chief Judge.
(2) Duties of Chief Judge.
(3) Investigations of fitness of judges, etc.
(4) Report on investigation.
9 Appointment of Associate Chief Judges.
(2) Duties of Associate Chief Judges.
10 Judge to devote full time to duties.
(2) No extra remuneration.
(3) Expenses accepted.
(4) Winding up practice, etc.
(5) Acting as master, etc. of Q.B.
11 Vacation leave, sick leave, etc.
(2) Additional leave.
12 Full-time judges residence.
(2) Review respecting residence.
(3) Onus on review.
PART II
PROVINCIAL COURT (CRIMINAL DIVISION)
13 Establishment of Criminal Division.
(2) References to Criminal Division.
14 Sittings of Criminal Division.
15 Clerks, etc.
(2) Appointment under Civil Service Act.
PART III
PROVINCIAL COURT (FAMILY DIVISION)
16 Establishment of Family Division.
(2) References to Family Division.
17 Sittings of Family Division.
18 Clerks and bailiffs.
(2) Appointment under Civil Service Act.
19 Jurisdiction.
(2) Jurisdiction respecting enforcement.
20 Filing of maintenance orders in Family Division.
21 Removal of action from one place to another.
(2) Consequence of removal.
22 Transfer of action to Queen*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 IV
JUDICIAL COUNCIL
27 Establishment of Judicial Council.
(2) Acting chairman.
(3) Procedure.
(4) Quorum.
(5) Remuneration.
28 Function of Judicial Council.
(2) Complaints to Chief Justice of Queen's Bench.
(3) Withdrawal of complaint.
29 Frivolous and vexatious complaints.
(2) Reference to Chief Judge, etc.
30 Suspension by Chief Judge.
31 Inquiry at request of minister.
(2) Inquiry following investigation.
32 Inquiry by Judicial Council.
33 Counsel appointed by minister.
(2) Counsel appointed by Judicial Council.
(3) Right of judge to be present, etc.
34 Powers and protection under Evidence Act.
35 Examination of records, etc.
(2) Prohibition of publication of information.
36 Disposition of complaint.
(2) Salary while suspended.
(3) Remittance of salary.
37 Appeal.
38 Making order public.
39 Removal of judge from office.
PART V
MAGISTRATES AND JUSTICES OF THE PEACE
40 Appointment of magistrates and justices of the peace.
41 Salaries and remuneration.
42 Powers of magistrate.
(2) Powers under Criminal Code.
(3) Exercise of jurisdiction.
43 Jurisdiction of justices of the peace.
44 Security.
45 Oaths of office.
46 Penalty.
PART VI
GENERAL
47 Order in court.
48 Travelling expenses and allowances.
49 Exemption from liability.
50 Partisan political activities forbidden.
51 Extension of time for translations.
52 Remitting of fines and fees.
53 Fees and expenses payable by municipality.
(2) Fees and expenses payable by province.
54 Offence and penalty.
55 Regulations.
(2) Application of Civil Service Superannuation Act.