R.S.M. 1987, c. C275
The Provincial Court Act
Table of Contents
1 | Definitions. | |
PART I
PROVINCIAL COURT |
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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 |
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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 |
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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 |
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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. |