Acts and Regulations

P-21 - Provincial Court Act

Section 22
Disposition versions

Full text
Replacement of judge
22(1)Subject to the Criminal Code, where a judge dies, resigns, is removed from office, or is absent from office because of illness or for any other cause, the chief judge may designate another judge to take up all actions, causes, matters, processes, hearings and proceedings that were pending before the judge at the time of the judge’s death, resignation, removal or absence.
22(2)A judge designated under subsection (1) shall
(a) commence again, rehear and decide the action, cause, matter, process, hearing or proceeding, or
(b) with the consent of all parties, complete the hearing of the action, cause, matter, process, hearing or proceeding and decide the same.
22(3)Notwithstanding subsection (2), where a judge is designated under subsection (1) after evidence has been taken and the adjudication made, the judge designated under subsection (1) may impose sentence.
1969, c.17, s.22; 1987, c.45, s.21; 1990, c.22, s.42
Replacement of judge
22(1)Subject to the Criminal Code, where a judge dies, resigns, is removed from office, or is absent from office because of illness or for any other cause, the chief judge may designate another judge to take up all actions, causes, matters, processes, hearings and proceedings that were pending before the judge at the time of the judge’s death, resignation, removal or absence.
22(2)A judge designated under subsection (1) shall
(a) commence again, rehear and decide the action, cause, matter, process, hearing or proceeding, or
(b) with the consent of all parties, complete the hearing of the action, cause, matter, process, hearing or proceeding and decide the same.
22(3)Notwithstanding subsection (2), where a judge is designated under subsection (1) after evidence has been taken and the adjudication made, the judge designated under subsection (1) may impose sentence.
1969, c.17, s.22; 1987, c.45, s.21; 1990, c.22, s.42