Acts and Regulations

P-21 - Provincial Court Act

Full text
Regulations
23(1)The Lieutenant-Governor in Council may make regulations
(a) Repealed: 1987, c.45, s.22
(a.01) prescribing functions and duties of case management officers;
(b) prescribing records to be kept and reports and returns to be made by judges, including judges selected under subsection 7.1(2);
(c) regulating the sittings to be held and office hours to be kept by judges;
(d) regulating procedure in the Provincial Court Family Division;
(e) prescribing to whom fines, penalties forfeitures, fees and court costs collected in the court are to be paid and the manner and times for such payment;
(e.1) prescribing fees for services provided by the court;
(e.2) exempting persons or bodies from fees for services provided by the court;
(f) providing for the payment of expenses of judges, other than judges selected under subsection 4.3(2);
(g) respecting benefits to which judges appointed under subsection 2(1) are entitled, including
(i) leave of absence with or without pay,
(ii) vacation,
(iii) sick leave,
(iv) transfer of emergency, vacation and sick leave credits accumulated prior to June 18, 1969, and
(v) remuneration in relation to remand court duties on a holiday;
(g.1) prescribing the reimbursement for expenses in respect of services rendered by a judge selected under subsection 7.1(2);
(h) prescribing the duties of the chief judge;
(i) Repealed: 2000, c.P-21.1, s.39
(i.1) respecting the determination of the commuted value of a benefit for the purposes of section 17.3;
(i.2) respecting the circumstances and manner in which the portion of the benefit to which the spouse or common-law partner of a judge, or of a former judge, is entitled under section 17.3, may be dealt with, including, without limiting the generality of the foregoing, the types of instruments to which the portion may be transferred and the types of instruments that may be purchased with the portion;
(i.3) respecting the revaluation of benefits under section 17.3;
(i.4) respecting any other matter relating to a benefit to be divided on the breakdown of a marriage or common-law partnership;
(i.5) defining any word or expression used but not defined in section 17.3;
(i.6) respecting the nature of the evidence required to establish proof of age, death or spousal status for the purposes of this Act, the time within which such evidence is to be provided and the consequence of any failure to provide such evidence within that time;
(j) providing for contributions or payments payable by judges and annuities payable to judges to be integrated with contributions and benefits under the Canada Pension Plan;
(j.01) providing for the application of such other regulations made under this section to judges selected under subsection 7.1(2) as the Lieutenant-Governor in Council considers necessary;
(k) providing for the filing of medical certificates by, and standards of health required of, judges to whom section 15 is to apply;
(k.01) providing for the filing of medical certificates under subsection 10(2) or (3) by the chief judge or associate chief judge or a judge, as the case may be, and standards of health required of those judges; and
(k.1) Repealed: 1992, c.69, s.3
(l) generally to give effect to and for the better administration of this Act.
23(1.1)A regulation made under paragraphs (1)(f) or (g) may be made retroactive to December 1, 1998, or to any date after December 1, 1998.
23(1.2)A regulation made under paragraph (g.1) may be made retroactive to any date on or after the date that this subsection came into force.
23(2)A regulation under paragraphs (1)(i.1) to (i.5) may be made retroactive to January 1, 1997, or to any date after January 1, 1997.
23(3)A regulation under paragraph (1)(i.6) may be made retroactive.
1969, c.17, s.23; 1971, c.56, s.4; 1987, c.45, s.22; 1992, c.69, s.1, 3; 1995, c.6, s.8; 1997, c.56, s.3; 1998, c.35, s.3; 2000, c.P-21.1, s.39; 2000, c.6, s.11; 2003, c.18, s.9; 2004, c.31, s.7; 2008, c.42, s.3; 2008, c.45, s.26; 2013, c.45, s.2; 2022, c.19, s.23
Regulations
23(1)The Lieutenant-Governor in Council may make regulations
(a) Repealed: 1987, c.45, s.22
(a.01) prescribing functions and duties of case management officers;
(b) prescribing records to be kept and reports and returns to be made by judges, including judges selected under subsection 7.1(2);
(c) regulating the sittings to be held and office hours to be kept by judges;
(d) regulating procedure in the Provincial Court Family Division;
(e) prescribing to whom fines, penalties forfeitures, fees and court costs collected in the court are to be paid and the manner and times for such payment;
(e.1) prescribing fees for services provided by the court;
(e.2) exempting persons or bodies from fees for services provided by the court;
(f) providing for the payment of expenses of judges, other than judges selected under subsection 4.3(2);
(g) respecting benefits to which judges appointed under subsection 2(1) are entitled, including
(i) leave of absence with or without pay,
(ii) vacation,
(iii) sick leave,
(iv) transfer of emergency, vacation and sick leave credits accumulated prior to June 18, 1969, and
(v) remuneration in relation to remand court duties on a holiday;
(g.1) prescribing the reimbursement for expenses in respect of services rendered by a judge selected under subsection 7.1(2);
(h) prescribing the duties of the chief judge;
(i) Repealed: 2000, c.P-21.1, s.39
(i.1) respecting the determination of the commuted value of a benefit for the purposes of section 17.3;
(i.2) respecting the circumstances and manner in which the portion of the benefit to which the spouse or common-law partner of a judge, or of a former judge, is entitled under section 17.3, may be dealt with, including, without limiting the generality of the foregoing, the types of instruments to which the portion may be transferred and the types of instruments that may be purchased with the portion;
(i.3) respecting the revaluation of benefits under section 17.3;
(i.4) respecting any other matter relating to a benefit to be divided on the breakdown of a marriage or common-law partnership;
(i.5) defining any word or expression used but not defined in section 17.3;
(i.6) respecting the nature of the evidence required to establish proof of age, death or spousal status for the purposes of this Act, the time within which such evidence is to be provided and the consequence of any failure to provide such evidence within that time;
(j) providing for contributions or payments payable by judges and annuities payable to judges to be integrated with contributions and benefits under the Canada Pension Plan;
(j.01) providing for the application of such other regulations made under this section to judges selected under subsection 7.1(2) as the Lieutenant-Governor in Council considers necessary;
(k) providing for the filing of medical certificates by, and standards of health required of, judges to whom section 15 is to apply; and
(k.1) Repealed: 1992, c.69, s.3
(l) generally to give effect to and for the better administration of this Act.
23(1.1)A regulation made under paragraphs (1)(f) or (g) may be made retroactive to December 1, 1998, or to any date after December 1, 1998.
23(1.2)A regulation made under paragraph (g.1) may be made retroactive to any date on or after the date that this subsection came into force.
23(2)A regulation under paragraphs (1)(i.1) to (i.5) may be made retroactive to January 1, 1997, or to any date after January 1, 1997.
23(3)A regulation under paragraph (1)(i.6) may be made retroactive.
1969, c.17, s.23; 1971, c.56, s.4; 1987, c.45, s.22; 1992, c.69, s.1, 3; 1995, c.6, s.8; 1997, c.56, s.3; 1998, c.35, s.3; 2000, c.P-21.1, s.39; 2000, c.6, s.11; 2003, c.18, s.9; 2004, c.31, s.7; 2008, c.42, s.3; 2008, c.45, s.26; 2013, c.45, s.2
Regulations
23(1)The Lieutenant-Governor in Council may make regulations
(a) Repealed: 1987, c.45, s.22
(a.01) prescribing functions and duties of case management officers;
(b) prescribing records to be kept and reports and returns to be made by judges, including judges selected under subsection 7.1(2);
(c) regulating the sittings to be held and office hours to be kept by judges;
(d) regulating procedure in the Provincial Court Family Division;
(e) prescribing to whom fines, penalties forfeitures, fees and court costs collected in the court are to be paid and the manner and times for such payment;
(e.1) prescribing fees for services provided by the court;
(e.2) exempting persons or bodies from fees for services provided by the court;
(f) providing for the payment of expenses of judges, other than judges selected under subsection 4.3(2);
(g) respecting benefits to which judges appointed under subsection 2(1) are entitled, including
(i) leave of absence with or without pay,
(ii) vacation,
(iii) sick leave,
(iv) transfer of emergency, vacation and sick leave credits accumulated prior to June 18, 1969, and
(v) remuneration in relation to remand court duties on a holiday;
(g.1) prescribing the reimbursement for expenses in respect of services rendered by a judge selected under subsection 7.1(2);
(h) prescribing the duties of the chief judge;
(i) Repealed: 2000, c.P-21.1, s.39
(i.1) respecting the determination of the commuted value of a benefit for the purposes of section 17.3;
(i.2) respecting the circumstances and manner in which the portion of the benefit to which the spouse or common-law partner of a judge, or of a former judge, is entitled under section 17.3, may be dealt with, including, without limiting the generality of the foregoing, the types of instruments to which the portion may be transferred and the types of instruments that may be purchased with the portion;
(i.3) respecting the revaluation of benefits under section 17.3;
(i.4) respecting any other matter relating to a benefit to be divided on the breakdown of a marriage or common-law partnership;
(i.5) defining any word or expression used but not defined in section 17.3;
(i.6) respecting the nature of the evidence required to establish proof of age, death or spousal status for the purposes of this Act, the time within which such evidence is to be provided and the consequence of any failure to provide such evidence within that time;
(j) providing for contributions or payments payable by judges and annuities payable to judges to be integrated with contributions and benefits under the Canada Pension Plan;
(j.01) providing for the application of such other regulations made under this section to judges selected under subsection 7.1(2) as the Lieutenant-Governor in Council considers necessary;
(k) providing for the filing of medical certificates by, and standards of health required of, judges to whom section 15 is to apply; and
(k.1) Repealed: 1992, c.69, s.3
(l) generally to give effect to and for the better administration of this Act.
23(1.1)A regulation made under paragraphs (1)(f) or (g) may be made retroactive to December 1, 1998, or to any date after December 1, 1998.
23(1.2)A regulation made under paragraph (g.1) may be made retroactive to any date on or after the date that this subsection came into force.
23(2)A regulation under paragraphs (1)(i.1) to (i.5) may be made retroactive to January 1, 1997, or to any date after January 1, 1997.
23(3)A regulation under paragraph (1)(i.6) may be made retroactive.
1969, c.17, s.23; 1971, c.56, s.4; 1987, c.45, s.22; 1992, c.69, s.1, 3; 1995, c.6, s.8; 1997, c.56, s.3; 1998, c.35, s.3; 2000, c.P-21.1, s.39; 2000, c.6, s.11; 2003, c.18, s.9; 2004, c.31, s.7; 2008, c.42, s.3; 2008, c.45, s.26; 2013, c.45, s.2
Regulations
23(1)The Lieutenant-Governor in Council may make regulations
(a) Repealed: 1987, c.45, s.22
(b) prescribing records to be kept and reports and returns to be made by judges, including judges selected under subsection 7.1(2);
(c) regulating the sittings to be held and office hours to be kept by judges;
(d) regulating procedure in the Provincial Court Family Division;
(e) prescribing to whom fines, penalties forfeitures, fees and court costs collected in the court are to be paid and the manner and times for such payment;
(e.1) prescribing fees for services provided by the court;
(e.2) exempting persons or bodies from fees for services provided by the court;
(f) providing for the payment of expenses of judges, other than judges selected under subsection 4.3(2);
(g) respecting benefits to which judges appointed under subsection 2(1) are entitled, including
(i) leave of absence with or without pay,
(ii) vacation,
(iii) sick leave,
(iv) transfer of emergency, vacation and sick leave credits accumulated prior to June 18, 1969, and
(v) remuneration in relation to remand court duties on a holiday;
(g.1) prescribing the reimbursement for expenses in respect of services rendered by a judge selected under subsection 7.1(2);
(h) prescribing the duties of the chief judge;
(i) Repealed: 2000, c.P-21.1, s.39
(i.1) respecting the determination of the commuted value of a benefit for the purposes of section 17.3;
(i.2) respecting the circumstances and manner in which the portion of the benefit to which the spouse or common-law partner of a judge, or of a former judge, is entitled under section 17.3, may be dealt with, including, without limiting the generality of the foregoing, the types of instruments to which the portion may be transferred and the types of instruments that may be purchased with the portion;
(i.3) respecting the revaluation of benefits under section 17.3;
(i.4) respecting any other matter relating to a benefit to be divided on the breakdown of a marriage or common-law partnership;
(i.5) defining any word or expression used but not defined in section 17.3;
(i.6) respecting the nature of the evidence required to establish proof of age, death or spousal status for the purposes of this Act, the time within which such evidence is to be provided and the consequence of any failure to provide such evidence within that time;
(j) providing for contributions or payments payable by judges and annuities payable to judges to be integrated with contributions and benefits under the Canada Pension Plan;
(j.01) providing for the application of such other regulations made under this section to judges selected under subsection 7.1(2) as the Lieutenant-Governor in Council considers necessary;
(k) providing for the filing of medical certificates by, and standards of health required of, judges to whom section 15 is to apply; and
(k.1) Repealed: 1992, c.69, s.3
(l) generally to give effect to and for the better administration of this Act.
23(1.1)A regulation made under paragraphs (1)(f) or (g) may be made retroactive to December 1, 1998, or to any date after December 1, 1998.
23(1.2)A regulation made under paragraph (g.1) may be made retroactive to any date on or after the date that this subsection came into force.
23(2)A regulation under paragraphs (1)(i.1) to (i.5) may be made retroactive to January 1, 1997, or to any date after January 1, 1997.
23(3)A regulation under paragraph (1)(i.6) may be made retroactive.
1969, c.17, s.23; 1971, c.56, s.4; 1987, c.45, s.22; 1992, c.69, s.1, 3; 1995, c.6, s.8; 1997, c.56, s.3; 1998, c.35, s.3; 2000, c.P-21.1, s.39; 2000, c.6, s.11; 2003, c.18, s.9; 2004, c.31, s.7; 2008, c.42, s.3; 2008, c.45, s.26
Regulations
23(1)The Lieutenant-Governor in Council may make regulations
(a) Repealed: 1987, c.45, s.22
(b) prescribing records to be kept and reports and returns to be made by judges, including judges selected under subsection 7.1(2);
(c) regulating the sittings to be held and office hours to be kept by judges;
(d) regulating procedure in the Provincial Court Family Division;
(e) prescribing to whom fines, penalties forfeitures, fees and court costs collected in the court are to be paid and the manner and times for such payment;
(e.1) prescribing fees for services provided by the court;
(f) providing for the payment of expenses of judges, other than judges selected under subsection 4.3(2);
(g) respecting benefits to which judges appointed under subsection 2(1) are entitled, including
(i) leave of absence with or without pay,
(ii) vacation,
(iii) sick leave,
(iv) transfer of emergency, vacation and sick leave credits accumulated prior to June 18, 1969, and
(v) remuneration in relation to remand court duties on a holiday;
(g.1) prescribing the reimbursement for expenses in respect of services rendered by a judge selected under subsection 7.1(2);
(h) prescribing the duties of the chief judge;
(i) Repealed: 2000, c.P-21.1, s.39
(i.1) respecting the determination of the commuted value of a benefit for the purposes of section 17.3;
(i.2) respecting the circumstances and manner in which the portion of the benefit to which a spouse of a judge, or of a former judge, is entitled under section 17.3, may be dealt with, including, without limiting the generality of the foregoing, the types of instruments to which the portion may be transferred and the types of instruments that may be purchased with the portion;
(i.3) respecting the revaluation of benefits under section 17.3;
(i.4) respecting any other matter relating to a benefit to be divided on marriage breakdown;
(i.5) defining any word or expression used but not defined in section 17.3;
(i.6) respecting the nature of the evidence required to establish proof of age, death or spousal status for the purposes of this Act, the time within which such evidence is to be provided and the consequence of any failure to provide such evidence within that time;
(j) providing for contributions or payments payable by judges and annuities payable to judges to be integrated with contributions and benefits under the Canada Pension Plan;
(j.01) providing for the application of such other regulations made under this section to judges selected under subsection 7.1(2) as the Lieutenant-Governor in Council considers necessary;
(k) providing for the filing of medical certificates by, and standards of health required of, judges to whom section 15 is to apply; and
(k.1) Repealed: 1992, c.69, s.3
(l) generally to give effect to and for the better administration of this Act.
23(1.1)A regulation made under paragraphs (1)(f) or (g) may be made retroactive to December 1, 1998, or to any date after December 1, 1998.
23(1.2)A regulation made under paragraph (g.1) may be made retroactive to any date on or after the date that this subsection came into force.
23(2)A regulation under paragraphs (1)(i.1) to (i.5) may be made retroactive to January 1, 1997, or to any date after January 1, 1997.
23(3)A regulation under paragraph (1)(i.6) may be made retroactive.
1969, c.17, s.23; 1971, c.56, s.4; 1987, c.45, s.22; 1992, c.69, s.1, 3; 1995, c.6, s.8; 1997, c.56, s.3; 1998, c.35, s.3; 2000, c.P-21.1, s.39; 2000, c.6, s.11; 2003, c.18, s.9; 2004, c.31, s.7