Acts and Regulations

P-21 - Provincial Court Act

Full text
Case management officer
6.01(1)The Minister may appoint employees of the Civil Service as case management officers.
6.01(2)Before taking office, each case management officer shall take and subscribe an oath of office or make and subscribe an affirmation of office before a judge as follows:
I, ______________________, do swear (or solemnly affirm) that I will well and truly, according to my skill and knowledge, execute the authority, duties and powers of the office of case management officer and I will do right to all manner of people according to law, without fear or favour, affection or ill will. (In the case where an oath is taken add “So help me God”.)
6.01(3)A case management officer may exercise the functions and duties prescribed by regulation in relation to any action, cause, matter, process, hearing or proceeding over which the court has jurisdiction.
6.01(4)For the purposes of exercising functions and duties under subsection (3), a case management officer has all the jurisdiction of a judge.
6.01(5)On his or her own motion, a case management officer may refer any matter to a judge.
6.01(6)When requested by a party, a case management officer shall refer a matter to a judge.
6.01(7)On a referral of a matter under subsection (5) or (6), the judge may confirm, vary or revoke any order, decision or direction of a case management officer, in whole or in part, or substitute his or her own order, decision or direction.
6.01(8)Subject to subsection (7), an order, decision or direction made or given by a case management officer in the exercise of a function or duty under subsection (3) is as valid and enforceable as an order, decision or direction made or given by a judge and is deemed to be an order, decision or direction of a judge.
6.01(9)Subsections (3) and (8) apply notwithstanding that the function or duty is conferred expressly on a judge or the court by an Act or a regulation or rule made under an Act.
6.01(10)A case management officer is designated, for purposes of the Criminal Code (Canada), as a lawful deputy of any judge, but only in relation to the exercise of functions and duties under subsection (3).
6.01(11)This section does not apply to any action, cause, matter, process, hearing or proceeding over which the court has jurisdiction under the Youth Criminal Justice Act (Canada) or the Provincial Offences Procedure for Young Persons Act.
2013, c.45, s.1