SNL1991 CHAPTER 15 - PROVINCIAL COURT ACT, 1991

SNL1991 CHAPTER 15 PROVINCIAL COURT ACT, 1991 Amended: 1992 c39 s11; 1997 c19; 1998 c30; 2001 c8; 2001 c15; 2001 c42 s33; 2001 cN-3.1 s2; 2005 c39; 2006 c38; 2006 c40 s21; 2006 c51 s1; 2008 c27; 2008 c45; 2009 c20; 2010 c4 s1; 2010 c29 s4; 2012 c8; 2013 c16 s25; 2015 c3; 2016 cR-15.2 s34; 2019 cP-44.01 s45; 2022 c2 CHAPTER 15 AN ACT TO REVISE THE LAW RESPECTING THE PROVINCIAL COURT (Assented to May 31, 1991) Analysis 1. Short title 2. Definitions PART I PROVINCIAL COURT AND JUDGES 3. Provincial Court 4. Jurisdiction 5. Appointment of judges 5.1 Bilingual judges 5.2 Part time judges 6. Oaths 7. Chief judge 7.1 Associate chief judge 8. Powers of chief judge 9. Other employment 10. Office 11. Resignation 12. Retirement 13. Districts 14. Transfers 15. Ministerial powers PART II JUDICIAL COUNCIL 16. Judicial council 17. Procedure of council 18. Functions of judicial council 19. Complaints Review Committee 20. Judicial complaints panel 21. Powers of a commissioner 22. Complaint 23. Powers of committee 24. Adjudication tribunal 25. Hearing 25.1 Guilty plea by respondent 25.2 Powers of adjudication tribunal 25.3 Filing and publication of decisions 25.4 Appeal to Trial Division 25.5 Action prohibited PART III ADMINISTRATION 26. Director of Court Services, clerks, etc. 27. Duties of clerks 27.1 Judges’ salary 28. Appointment of tribunal 28.1 Tribunal to report on minister's request 28.2 Tribunal's report 28.3 Rep. by 2008 c27 s6 29. Regulations 29.1 Rules 30. Notice demanding returns 31. Finance 32. Immunity of judge 33. Continuance of proceedings 34. Rep. by 2008 c27 s9 35. Conference of judges PART IV TRANSITIONAL, REPEAL AND COMMENCEMENT 36. Existing judges 37. Reference to judges 38. Rep. by 2008 c27 s11 39. Rep. by 2008 c27 s11 Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Provincial Court Act, 1991 . 1991 c15 s1 Back to Top Definitions 2. In this Act (a) "associate chief judge" means t he associate chief judge appointed under section 7.1; (a.1) "chief judge" means the Chief Provincial Court Judge appointed under section 7; (b) "clerk" means a chief clerk, a clerk or deputy clerk of the court and includes a clerk acting under the Criminal Code and the Young Offenders Act ( Canada ) and a person who performs the duties of a clerk of the court; (c) "court" means the Provincial Court of Newfoundland and Labrador continued under section 3; (d) "director" means the Director of Court Services appointed under section 26; (e) "district" means a Provincial Court district constituted under section 13; (f) "judge" means a Provincial Court judge appointed under this Act and includes the chief judge; (f.1) "judge" means a Provincial Court judge appointed under this Act and includes the associate chief judge and the chief judge; (g) "judicial council" means the Judicial Council of the Provincial Court of Newfoundland and Labrador continued under section 16; and (h) "minister" means the minister appointed under the Executive Council Act to administer this Act. 1991 c15 s2 ; 2001 cN-3.1 s2 ; 2006 c40 s21 ; 2008 c27 s1 ; 2022 c2 s1 PART I PROVINCIAL COURT AND JUDGES Back to Top Provincial Court 3. (1) The Provincial Court of Newfoundland and Labrador is continued under this Act. (2) The court shall be a court of record. (3) The court shall be composed of the judges as appointed under section 5 and those judges deemed to have been appointed under section 36. (4) The court shall be presided over by a judge. 1991 c15 s3 ; 2001 cN-3.1 s2 Back to Top Jurisdiction 4. (1) The court and every judge have jurisdiction throughout the province and every judge (a) shall exercise the powers and perform the duties conferred or imposed upon a judge under an Act of the Legislature or the Parliament of Canada; (b) has the power and authority vested under an Act of the Legislature in a judge, two justices of the peace sitting together or a youth court or judge of a youth court, subject to the Young Persons Offences Act ; (c) may exercise the powers and perform the duties conferred or imposed upon a judge or one or more justices of the peace under an Act of the Parliament of Canada; and (d) is, by virtue of the office, a justice of the peace. (2) A judge may preside over the court at any place in the province for the orderly dispatch of the business of the court. 1991 c15 s4 Back to Top Appointment of judges 5. (1) The Lieutenant-Governor in Council, on the recommendation of the minister, may appoint persons to be judges of the court. (2) No person shall be appointed as a judge unless the person (a) has been a member in good standing of the bar of one or more of the provinces of Canada for a total of at least 10 years; and (b) is at the time of the appointment a practising member in good standing of the Law Society of Newfoundland. (3) No person may be recommended by the minister under subsection (1) without the recommendation of the judicial council under paragraph 18(a). 1991 c15 s5 ; 2022 c2 s2 Back to Top Bilingual judges 5.1 (1) The Lieutenant-Governor in Council, following consultation with the chief judge, may appoint a bilingual judge of the provincial court of a province other than this province to preside over proceedings that an accused has requested be conducted in French. (2) A judge appointed under subsection (1) shall (a) hold office for the term set by the Lieutenant-Governor in Council, but the appointment is subject to the judge remaining a judge of the provincial court of the province in which the judge was appointed; (b) have the powers and duties given by section 4 to a judge appointed under section 5; (c) be paid for services as if the judge were a judge appointed under section 5, in the proportion that the number of days of service bears to a full year of service; (d) be reimbursed for the expenses incurred in performing the judge's duties; and (e) be subject to the authority of the chief judge set out in section 8. (3) Other than sections 4, 20 to 24, 32 and 33, this Act does not apply to a judge appointed under this section. 2001 c15 s1 ; 2022 c2 s3 Back to Top Part time judges 5.2 (1) The Lieutenant-Governor in Council shall establish a panel of judges who have retired or resigned who have not reached the age of 70 years and who, at the time of their retirement or resignation, have given notice to the chief judge of their intention to be available for judicial duties. (2) A person appointed to the panel referred to in subsection (1) is considered to be a judge and this Act applies to the person as if the person had not retired or resigned. (3) Where the chief judge believes (a) an additional judge is urgently required to conduct the business of the court; (b) the conduct of a trial on a timely basis would be facilitated; or (c) the efficiency of the court would be facilitated by doing so, the chief judge may select a person from the panel established under subsection (1) to act as, and to exercise the powers of, a judge to conduct the business of the court. (4) A person selected under subsection (3) shall be paid a daily rate of 1/248 of a judge's, other than the chief judge's or the associate chief judge's, salary and shall be paid one half the daily rate for one half of a day's work or less. (5) A person who is selected under subsection (3) is not entitled to benefits or remuneration in addition to that provided for in subsection (4), but may be paid travel and other expenses associated with the person's work as a judge. (6) Service by a person selected under subsection (3) does not count as service for the purpose of the Public Service Pensions Act, 2019 or the Provincial Court Judges' Pension Plan Act. (7) The Lieutenant-Governor in Council shall not remove a person from the panel appointed under subsection (1) except (a) upon the written request of the person to the chief judge; (b) upon the person reaching the age of 70 years; (c) upon the order of the adjudication tribunal under paragraphs 25.1(2)(d) or 25.2(3)(d); or (d) upon the death of the person. (8) Where a person requests to be removed from the panel under paragraph (7)(a), the person is considered to be removed from the panel on the later of the date specified in the request or the date on which the chief judge receives the request. (9) A person selected under subsection (3) shall not, in a 12 month period, serve as a judge for a period that would result in the person’s remuneration plus an amount paid to the person under the Public Service Pensions Act, 2019 or the Provincial Court Judges' Pension Plan Act exceeding the annual salary paid a judge appointed under section 5. (10) Service as judges by all the persons selected under subsection (3) shall not exceed 248 days in total in a 12 month period. 2008 c27 s2 ; 2012 c8 s1 ; 2019 cP-44.01 s45 ; 2022 c2 s4 Back to Top Oaths 6. (1) Every judge shall before assuming office take and sign (a) the oath or affirmation of allegiance; and (b) the judicial oath or affirmation referred to in the Oaths of Office Act . (2) The oaths or affirmations referred to in subsection (1) shall be administered by a judge and that judge shall transmit the subscribed oaths or affirmations to the minister. 1991 c15 s6 ; 2022 c2 s5 Back to Top Chief judge 7. (1) The Lieutenant-Governor in Council shall appoint a judge as chief judge. (2) The term of office of the chief judge appointed under subsection (1) shall be 7 years. (3) A chief judge whose office is vacant due to illness or for other cause shall be considered to have resigned as chief judge if that vacancy continues for more than one year. 2008 c27 s3 ; 2009 c20 s1 ; 2022 c2 s6 Back to Top Associate chief judge 7.1 (1) The Lieutenant-Governor in Council, on the recommendation of the minister, after consultation with the chief judge, shall appoint a judge as associate chief judge. (2) The associate chief judge shall perform the duties assigned by the chief judge. (3) Where the chief judge is unable to perform the chief judge’s duties due to illness or for another reason, or where the position of chief judge is vacant, the associate chief judge shall perform the duties of the chief judge until the chief judge is able to perform chief judge’s duties or, in the event of a vacancy, until a chief judge is appointed under subsection 7(1). (4) When acting as the chief judge under subsection (3), the associate chief judge has all the powers of the chief judge. (5) Where acting as the chief judge under subsection (3), the associate chief judge shall, while exercising the powers, functions and duties of the chief judge, be paid the same salary received by the chief judge. (6) A judge appointed as associate chief judge holds office for the unexpired portion of the term of the chief judge and is eligible to be reappointed. (7) Where the chief judge ceases to hold office as chief judge before the expiry of the chief judge’s term of office, the appointment of the associate chief judge ends on the appointment of a new chief judge. 2008 c27 s4 ; 2022 c2 s7 Back to Top Powers of chief judge 8. (1) The chief judge shall (a) have the general supervision and direction of the sittings of the court including the assignment of the judicial duties of the court; (b) have charge at all times of the general policy of the court in judicial matters; (c) assign duties and decide upon requests for exchange of duties among judges; (d) [Rep. by 2008 c45 s1] (e) co-ordinate and apportion the work of judges and, subject to section 14, transfer judges from one district to another when a transfer is reasonable and desirable; (f) make recommendations to the minister respecting all matters affecting the general administration of the court; and (g) perform additional duties that may be prescribed by this Act or the regulations. (2) [Rep. by 2008 c45 s1] 1991 c15 s8 ; 2008 c45 s1 Back to Top Other employment 9. (1) A judge shall not engage in a business, trade or occupation but shall devote the judge's whole time to the performance of duties as a judge. (2) Notwithstanding subsection (1), a judge may act as a commissioner, arbitrator, adjudicator, referee, conciliator or mediator on a commission or on an inquiry or other proceeding or engage in other extra-judicial functions with the approval of the chief judge. (3) A judge acting in a capacity referred to in subsection (2) shall not accept a salary, fee, remuneration or other emolument other than reasonable travel or other expenses. (4) Notwithstanding this section, a judge may carry out non-judicial functions for remuneration provided that (a) an application to do so is made to the judicial council; (b) the judicial council approves that application; and (c) there is no conflict with that judge's judicial duties. 1991 c15 s9 ; 2022 c2 s8 Back to Top Office 10. A judge shall hold office during good behaviour. 1991 c15 s10 Back to Top Resignation 11. (1) A judge may resign the judge’s office by written resignation delivered to the minister. (2) The chief judge may resign the chief judge’s office as chief judge by written resignation delivered to the minister. 1991 c15 s11 ; 2022 c2 s9 Back to Top Retirement 12. (1) Every judge shall retire upon attaining the age of 70 years. (2) For the purposes of this section, every judge shall be considered from the commencement of office as a judge to be an employee for the purposes of those provisions of the Public Service Pensions Act, 2019 which are not inconsistent with this Act. (3) The retirement age of a judge in office shall not be altered without the judge’s consent. 1991 c15 s12 ; 2006 c51 s1 ; 2019 cP-44.01 s45 ; 2022 c2 s10 Back to Top Districts 13. (1) The Lieutenant-Governor in Council may, by regulation, divide the province into Provincial Court districts but this does not affect a judge's jurisdiction throughout the province. (2) A judge shall maintain the judge’s principal residence within an area of 70 kilometres by road from the city or municipality in which the courthouse of the district to which the judge has been appointed is located. 1991 c15 s13 ; 2022 c2 s11 Back to Top Transfers 14. (1) A judge shall not be transferred from one district to another without the judge’s consent or the approval of the judicial council. (2) Unless approved by the minister, a transfer of a judge from one district to another shall not take place if the result of that transfer is a reduction in the number of judges in a district or a vacancy in a district. 1991 c15 s14 ; 2022 c2 s12 Back to Top Ministerial powers 15. The minister may (a) recommend to the Lieutenant-Governor in Council a person to be a judge of the court; and (b) approve or disapprove the transfer of a judge under subsection 14(2). 1991 c15 s15 PART II JUDICIAL COUNCIL Back to Top Judicial council 16. (1) The Judicial Council of the Provincial Court of Newfoundland and Labrador is continued under this Act. (2) The Lieutenant-Governor in Council shall appoint to the judicial council 4 members as follows: (a) a bencher of the Law Society of Newfoundland who shall be nominated by the benchers of the law society; (b) 2 persons nominated by the minister; and (c) the president of the judges' association. (2.1) The chief judge, by virtue of the office, shall be a member of the judicial council and shall be the council's chairperson. (3) [Rep. by 2008 c45 s2] (4) The Lieutenant-Governor in Council may by order prescribe the payment of an allowance to members of the judicial council who are not judges or justices. (5) Each member appointed under paragraphs (2)(a) to (c) (a) shall serve for 3 years during good behaviour; and (b) unless dismissed for lack of good behaviour, shall continue to hold office until the member is reappointed or a new member is appointed. (5.1) Where the bencher appointed under paragraph (2)(a) is unable to attend a meeting or is unable to serve as a member of the judicial council, an alternate bencher selected by the benchers of the law society may attend the meeting or serve in the bencher’s place. (6) A majority of the members of the judicial council, including the chairperson, constitutes a quorum and a majority vote is sufficient for the exercise of all of the jurisdiction and powers of the judicial council. (7) [Rep. by 2008 c45 s2] 1991 c15 s16 ; 2001 c42 s33 ; 2001 cN-3.1 s2 ; 2008 c45 s2 ; 2012 c8 s2 ; 2022 c2 s13 Back to Top Procedure of council 17. The judicial council may determine rules of procedure respecting its proceedings. 1991 c15 s17 Back to Top Functions of judicial council 18. (1) The functions of the judicial council are (a) to consider all applicants for judicial appointment and make a recommendation to the minister with respect to those applicants; (b) [Rep. by 2008 c45 s3] (c) to receive and investigate complaints made to it by a judge relating to that judge's judicial duties and to make recommendations to the minister or the chief judge as it considers appropriate; (d) to consider and approve or disapprove transfers under section 14; (e) to prepare and revise, in consultation with the judges, a code of ethics for the judges of the court; (f) to consider proposals for improving the services of the court and to report on the matter to the minister; and (g) to review and report on a matter referred to it by the minister. (2) The code of ethics referred to in paragraph (1)(e) is subordinate legislation as defined in the Statutes and Subordinate Legislation Act. 1991 c15 s18 ; 2008 c45 s3 Back to Top Complaints Review Committee 19. (1) The Complaints Review Committee is established comprising (a) the chief judge, who shall be the chairperson of the committee; (b) a justice of the Trial Division of the Supreme Court of Newfoundland and Labrador chosen by the Chief Justice of the Trial Division; and (c) a person, who is not a Provincial Court judge or a member of the Law Society of Newfoundland and Labrador, appointed by the minister to represent the public interest. (2) Where the chief judge is unable to perform the chief judge’s duties as the chairperson of the committee or the chief judge is the subject of a complaint referred to the committee by the director, the associate chief judge shall serve as the chairperson of the committee in the place of the chief judge. (3) The term of office of the members of the committee referred to in paragraphs (1)(b) and (c) shall be 3 years and those members are eligible to serve for additional terms. 2008 c45 s4 ; 2009 c20 s2 ; 2022 c2 s14 Back to Top Judicial complaints panel 20. (1) The Lieutenant-Governor in Council shall appoint a judicial complaints panel comprising (a) 2 justices of the Trial Division of the Supreme Court of Newfoundland and Labrador nominated by the Chief Justice of the Trial Division; (b) 2 persons who are judges of the provincial court of Nova Scotia, New Brunswick or Prince Edward Island, nominated by the chief judge of the person's court; and (c) 2 persons, who are not Provincial Court judges, judges of another court, retired judges or members of the Law Society of Newfoundland and Labrador, to represent the public interest. (2) A justice of the Trial Division of the Supreme Court is not eligible to be both a member of the Complaints Review Committee and the judicial complaints panel. (3) The Lieutenant-Governor in Council shall appoint one of the persons appointed under paragraph (1)(b) as the chairperson of the panel. (4) Members of the panel shall be appointed for a term of 3 years and are eligible for re-appointment. (5) Notwithstanding the expiry of the member’s term of appointment, a member of the panel continues to be a member until reappointed or replaced. (6) Members of the panel shall serve on the panel without payment for their services, but may be remunerated for service as a member of an adjudication tribunal and paid their travel and other expenses associated with the work of the tribunal in accordance with the rates set by the Lieutenant-Governor in Council. 2008 c45 s4 ; 2022 c2 s15 Back to Top Powers of a commissioner 21. The Complaints Review Committee and an adjudication tribunal appointed under section 24 and a person appointed by either of them may summon witnesses and require those witnesses to give evidence, orally or in writing, upon oath or affirmation, and produce the documents and things that either of them considers necessary to the full investigation and hearing of an allegation or complaint and have the powers, privileges and immunities that are conferred on a commissioner appointed under the Public Inquiries Act, 2006. 2008 c45 s4 Back to Top Complaint 22. A complaint against a judge shall be made in writing addressed to and filed with the Complaints Review Committee through the office of the director who shall forward it to the members of the committee. 2008 c45 s4 Back to Top Powers of committee 23. (1) The Complaints Review Committee, on review of a complaint under section 22, may (a) dismiss the complaint where in its opinion (i) the matter that is the subject of the complaint is not within the jurisdiction of the judicial complaints panel, or (ii) there is no evidence to support the complaint; (b) with the consent of the complainant and the judge attempt to resolve the complaint; or (c) where the committee is of the opinion that there are reasonable grounds to believe that the judge has engaged in the conduct that is the subject of the complaint, refer the complaint to the judicial complaints panel. (2) Where the Complaints Review Committee is of the opinion that there are reasonable grounds to believe that a judge has engaged in the conduct that is the subject of the complaint, the committee may suspend the judge. (3) A judge suspended under subsection (2) shall receive the judge’s salary while suspended unless the Complaints Review Committee directs otherwise. (4) Where a complaint is received by the Complaints Review Committee, the committee may refer the complaint to a person to conduct an investigation and to report to the committee. (5) A complainant whose complaint is dismissed by the Complaints Review Committee under subsection (1) may, within 30 days after receiving notice of the dismissal, appeal the dismissal to the Trial Division by filing a notice of appeal with the Trial Division. 2008 c45 s4 ; 2013 c16 s25 ; 2022 c2 s16 Back to Top Adjudication tribunal 24. (1) For the purpose of dealing with a complaint referred to the judicial complaints panel, the chairperson of the panel shall appoint from it an adjudication tribunal consisting of 3 persons, one of whom shall be a justice appointed under paragraph 20(1)(a), one of whom shall be a judge appointed under paragraph 20(1)(b) and one of whom shall be a person appointed under paragraph 20(1)(c). (2) The chairperson of the judicial complaints panel shall appoint a judge appointed to the panel under paragraph 20(1)(b) to be the chairperson of that adjudication tribunal. 2008 c45 s4 ; 2012 c8 s3 Back to Top Hearing 25. (1) Where a complaint has been referred to the judicial complaints panel under paragraph 23 (1)(c), an adjudication tribunal shall hear and have carriage of the complaint. (2) An adjudication tribunal may establish its own procedure with respect to a hearing of a complaint. (3) An adjudication tribunal to whom a complaint is referred under paragraph 23(1)(c) shall (a) give 30 days notice in writing to the judge against whom the complaint has been made and the complainant of the time and the place of the hearing; and (b) provide to the judge and the complainant a statement of the particulars of the complaint. (4) The judge against whom the complaint has been made has a right to be heard and may be represented by counsel. (5) A hearing shall be conducted in public but an adjudication tribunal may exclude the public from a hearing, or from part of it, where it considers the desirability of protecting a party to the complaint or a witness against the consequences of possible disclosure of personal matters outweighs the desirability of holding the hearing in public. 2008 c45 s4 Back to Top Guilty plea by respondent 25.1 (1) Where a judge admits to the allegations set out in a complaint, the adjudication tribunal shall, without calling evidence or hearing witnesses, unless the tribunal believes it is appropriate to do so, hear submissions. (2) Where a judge admits to the allegations set out in a complaint, and following submissions under subsection (1), the adjudication tribunal may (a) reprimand the judge; (b) suspend the judge for a period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal; (c) allow the judge to resign from the court; (d) remove the judge from the court; (e) order that the director publish a summary of the decision including the information the tribunal may specify; and (f) order that the judge comply with one or more of the following: (i) obtain medical treatment, (ii) obtain counselling, (iii) obtain substance abuse counselling or treatment, until the judge can demonstrate to the tribunal or other body or person designated by the tribunal that a condition related to substance abuse rendering the judge incapable or unfit to perform the judge’s duties has been overcome, (iv) report on the judge’s and authorize others involved with the judge’s treatment or supervision to report on it, or (v) impose other requirements that are appropriate in the circumstances. 2008 c45 s4 ; 2022 c2 s17 Back to Top Powers of adjudication tribunal 25.2 (1) Upon the hearing of a complaint, an adjudication tribunal shall decide whether or not a judge is guilty of the conduct that is the subject of the complaint. (2) Where an adjudication tribunal decides that a judge is not guilty, it shall dismiss the complaint. (3) Where an adjudication tribunal decides that a judge is guilty, it may (a) reprimand the judge; (b) suspend the judge for a period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal; (c) allow or direct the judge to resign from the court; (d) remove the judge from the court; (e) order that the director publish a summary of the decision including the information that the tribunal may specify; and (f) order that the judge comply with one or more of the following: (i) obtain medical treatment, (ii) obtain counselling, (iii) obtain substance abuse counselling or treatment, until the judge can demonstrate to the tribunal or other body or person designated by the tribunal that a condition related to substance abuse rendering the judge incapable or unfit to perform the judge’s duties has been overcome, (iv) report on the judge’s compliance with an order made under this section and authorize others involved with the judge’s treatment or supervision to report on it, or (v) impose other requirements that are appropriate in the circumstances. 2008 c45 s4 ; 2022 c2 s18 Back to Top Filing and publication of decisions 25.3 (1) An adjudication tribunal shall file a decision or order made under subsection 25.1 (2) or 25.2 (2) or (3) with the director and provide a copy to the complainant and the judge and the chief judge or, where the judge against whom the complaint was made is the chief judge, the associate chief judge. (2) The director shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 5 years after the day the decision is filed and shall upon receiving a request to view the disciplinary records in relation to a judge permit a person to view a summary of a decision where that judge was the respondent, prepared in accordance with subsection (4). (3) The director shall publish a summary of a decision or order of an adjudication tribunal in a newspaper of general circulation in the province within 14 days of the expiry of the appeal period provided in section 25.4, where the decision or order (a) suspends the judge; (b) allows the judge to resign the judge’s office; (c) removes the judge from the court; or (d) requires that a summary of the decision or order be published. (4) The summary of the decision published under subsection (3) shall include (a) the name of the judge; (b) a brief description of the conduct of the judge that was found to be deserving of sanction; (c) the name of the complainant, unless the complainant has requested that it be withheld; (d) the contents of the order in relation to the actions referenced in paragraphs (3)(a) to (c); and (e) other information specified for publication in the decision or order. (5) Where a decision of an adjudication tribunal is appealed under section 25.4, the publication of the decision of the tribunal as required by this section is stayed until the outcome of the appeal. (6) Where, on appeal, a decision is confirmed, varied or set aside, the director shall, within 14 days of the filing of the decision as confirmed, varied or set aside, publish a summary of the decision and subsections (2) and (3) apply, with the necessary changes. 2008 c45 s4 ; 2022 c2 s19 Back to Top Appeal to Trial Division 25.4 (1) A complainant or a judge affected by a decision or order of an adjudication tribunal may, within 30 days after receiving notice of the decision or order appeal the decision or order to the Trial Division by filing a notice of appeal with the Trial Division. (2) An appeal under this section does not stay the decision or order being appealed unless the Trial Division orders otherwise. 2008 c45 s4 ; 2013 c16 s25 Back to Top Action prohibited 25.5 An action for damages shall not lie against the Complaints Review Committee, the judicial complaints panel, an adjudication tribunal or the individual members of those bodies, a person appointed to conduct an investigation under subsection 23 (4) or the director for (a) an act or failure to act, or a proceeding initiated or carried out in good faith under this Act, or carrying out their duties or obligations under this Act; or (b) for a decision or order made or enforced in good faith under this Act. 2008 c45 s4 ; 2012 c8 s4 PART III ADMINISTRATION Back to Top Director of Court Services, clerks, etc. 26. (1) There shall be appointed or employed in the manner authorized by law, a Director of Court Services, clerks of the court and other officers, clerks and employees that the administration and business of the court requires. (2) Those appointed under this section shall, by virtue of their office, have power to administer oaths or affirmations, take affidavits, issue process and take bail. (3) The director and every clerk appointed under this section shall, before commencing duties take and sign the following oath or affirmation: "I, A.B., of ____________________, swear (or affirm) that I will according to the best of my skill, learning, ability and judgement execute the duties of the office of the Director of Court Services (or clerk) of the Provincial Court of Newfoundland and Labrador without favour, prejudice or partiality to another person." (In the case where an oath is taken add "So help me God".). (4) A person appointed as a clerk of the court under subsection (1) is, for the purpose of performing the person’s administrative duties, a justice of the peace. (5) A person ceases to be a justice of the peace on the termination of the person’s appointment as a clerk. (6) A person is not entitled to additional remuneration, or to charge a fee, only because the person is a justice of the peace. (7) The Justices Act applies, with the necessary changes, to a person who is a justice of the peace by virtue of this section. 1991 c15 s26 ; 1992 c39 s11 ; 2001 cN-3.1 s2 ; 2010 c29 s4 ; 2022 c2 s20 Back to Top Duties of clerks 27. (1) The clerks, officers and other employees of the court are under the direction of the director and shall perform the duties prescribed by the director. (2) Notwithstanding subsection (1), the clerks, officers and other employees of the court shall act under the direction of a judge in all judicial matters. (3) The Lieutenant-Governor in Council may by regulation require and prescribe the giving of security by the director, a clerk of the court or other officer or employee of the court for the performance of duties. (4) Every person employed as a shorthand reporter in the court shall before commencing duties take and sign before a judge, the following oath or affirmation: "I, A.B., of ____________________, swear (or affirm) that I will faithfully take down and transcribe the evidence and proceedings at all trials and other judicial proceedings in which I am assigned to act as shorthand reporter, and that I will faithfully perform any other duty assigned to me." (In the case where an oath is taken add "So help me God".). (5) A person appointed under subsection 26(1) shall be an officer of the court and an employee of the Department of Justice. 1991 c15 s27 ; 2022 c2 s21 Judges' salary 27.1 (1) Effective July 1, 2021, and on July 1 in every year after that, the annual salary of judges, not including the chief judge and the associate chief judge, shall be adjusted to an amount equal to the average annual salary of provincial court judges in Nova Scotia, Prince Edward Island and New Brunswick as determined on April 1, 2021 and on April 1 in every year after that, as applicable. (2) Effective July 1, 2021, and on July 1 in every year after that, the annual salary of the chief judge shall be adjusted to an amount equal to the average annual salary of chief judges in Nova Scotia, Prince Edward Island and New Brunswick as determined on April 1, 2021 and on April 1 in every year after that, as applicable. (3) Effective July 1, 2021, and on July 1 in every year after that, the annual salary of the associate chief judge shall be adjusted by a percentage equal to the percentage by which the annual salary of the chief judge is adjusted under subsection (2), with retroactive effect where applicable. (4) For the purposes of subsections (1) and (2) where it is determined that the average annual salary of judges or chief judges in Nova Scotia, Prince Edward Island and New Brunswick for a prior year or years has increased as a result of a retroactive salary increase, the adjustment of salary shall include, with retroactive effect, an amount equal to the difference between (a) the increased average annual salary for that year or years with retroactive application; and (b) the average annual salary as calculated under subsection (1) or (2). 2022 c2 s22 Back to Top Appointment of tribunal 28. (1) The Lieutenant-Governor in Council shall, on or before June 1, 2022, appoint a tribunal consisting of 3 persons to prepare a report on the adequacy of the salaries payable to judges, the associate chief judge and the chief judge under this Act and on the benefits of judges, the associate chief judge and the chief judge for the period of April 1, 2021 to March 31, 2027. (2) The Lieutenant-Governor in Council shall (a) on or before June 1, 2026, appoint a tribunal consisting of 3 persons to prepare a report on the adequacy of the salaries payable to judges, the associate chief judge and the chief judge under this Act and on the benefits of judges, the associate chief judge and the chief judge for the period of April 1, 2027 to March 31, 2031; and (b) on or before June 1 in every fourth year after 2026, appoint a tribunal consisting of 3 persons to prepare a report on the adequacy of the salaries payable to judges, the associate chief judge and the chief judge under this Act and on the benefits of judges, the associate chief judge and the chief judge for each subsequent 4 year period. (3) A tribunal appointed under subsections (1) and (2) shall consist of (a) one member designated by the minister; (b) one member designated by the judges' association; and (c) one member designated by the members appointed under paragraphs (a) and (b). (4) The member appointed under paragraph (3)(c) shall be the chair of the tribunal. (5) Where the members appointed under paragraphs (3)(a) and (b) are unable to agree on a member to be appointed under paragraph (3)(c), the Lieutenant-Governor in Council shall appoint a member who shall be the chair of the tribunal. (6) The term of office of the members of the tribunal appointed under this section is 4 years. (7) T he Lieutenant-Governor in Council shall appoint a member to fill a vacancy on the tribunal and that person shall serve for the balance of the term of the member being replaced. (8) The persons appointed to the tribunal under this section have the powers, privileges and immunities of a commissioner under the Public Inquiries Act, 2006. (9) In this section and sections 28.1 and 28.2, "tribunal" means the salaries and benefits tribunal appointed under this section. 1997 c19 s1 ; 2008 c27 s5 ; 2008 c45 s5 ; 2022 c2 s23 Back to Top Tribunal to report on minister's request 28.1 The minister may, at any time, refer a matter respecting salaries or benefits of judges to the tribunal for its review and recommendations. (2) The tribunal shall submit a report on a matter referred to it under subsection (1) to the minister within 6 months following the date the matter is referred to the tribunal or within the shorter time that the minister may direct. (3) Subsections 28.2(2) to (6) apply to a report submitted to the minister under subsection (2). 1997 c19 s1 ; 2022 c2 s24 Back to Top Tribunal's report 28.2 (1) (1) Notwithstanding section 28.1, (a) the tribunal appointed under subsection 28(1) shall review and report on the adequacy of the salaries payable to judges, the associate chief judge and the chief judge under this Act and on the benefits of judges, the associate chief judge and the chief judge and shall present its recommendations together with reasons to the minister and the president of the judges' association on or before December 1, 2022; (b) the tribunal appointed under subsection 28(2) shall review and report on the adequacy of the salaries payable to judges, the associate chief judge and the chief judge under this Act and on the benefits of judges, the associate chief judge and the chief judge and shall present its recommendations together with reasons to the minister and the president of the judges' association on or before December 1, 2026 and on or before December 1 in every fourth year after that. (2) The minister or the judges' association may apply to the tribunal for a clarification of a matter in the report or in respect of a matter the tribunal did not address in the report within 7 days of receiving the report referenced in subsection (1). (3) Where an application is made under subsection (2), the tribunal shall consider the application and provide any clarification within 15 days after the application is made, and the report is not considered to be received until the clarification is provided. (4) The Lieutenant-Governor in Council shall approve, vary or reject a report within 60 days of the minister receiving the report under subsection (1). (5) Where the Lieutenant-Governor in Council varies or rejects a report under subsection (4), the Lieutenant-Governor in Council shall provide reasons to the tribunal and to the president of the judges' association. (6) Where the Lieutenant-Governor in Council does not approve, vary or reject a report within the time period prescribed in subsection (4), the recommendations of the tribunal shall be considered to be accepted and judges are entitled to (a) the salary proposed by those recommendations, where the recommendations respecting salary are consistent with the salary determined under section 27.1; and (b) the benefits proposed by those recommendations. 1997 c19 s1 ; 2005 c39 s1 ; 2006 c38 s1 ; 2008 c27 s6 ; 2010 c4 s1 ; 2015 c3 s1 ; 2022 c2 s25 Back to Top Rep. by 2008 c27 s6 28.3 [Rep. by 2008 c27 s6] 2008 c27 s6 Back to Top Regulations 29. The Lieutenant-Governor in Council may make regulations (a) providing for leave of absence, vacation or sick leave of judges; (b) upon the recommendation of the judicial council, prescribing further duties of the chief judge; (c) providing for the payment of expenses of judges; (d) subject to the Rooms Act, 2016 , providing for the safekeeping, inspection and destruction of books, documents and papers of the court; (e) providing for the keeping and maintaining of statistical records of the court; (f) providing for the seal and duplicate seals to be used by the court; (g) for the purposes of sections 13 and 27; (h) respecting remuneration and procedures of tribunals appointed under section 28; and (i) generally to give effect to the purposes of this Act. 1991 c15 s29 ; 2008 c27 s8 ; 2016 cR-15.2 s34 Back to Top Rules 29.1 (1) The Lieutenant Governor in Council may, upon the recommendation of the minister, make rules with respect to the procedure and operation of the court including rules (a) regulating the procedure of the court in exercising the jurisdiction of the court conferred by another Act or regulation; (b) providing for the service of documents; (c) respecting the duties of the officers and clerks of the court; (d) respecting the costs of proceedings in the court; (e) respecting the format and requirements of orders of the court; (f) respecting the consolidation and transfer of proceedings of the court and the jurisdiction of judges of the court; (g) respecting in-chambers proceedings including pre-trial proceedings and settlement conferences; (h) respecting the use of electronic telecommunications within the court generally; and (i) governing the pleading, practice and procedure generally of the court. (2) Rules made under this section are subordinate legislation for the purpose of the Statutes and Subordinate Legislation Act . 1998 c30 s1 Back to Top Notice demanding returns 30. (1) The director or a clerk appointed under section 26, whose duty it is to forward reports or make returns as required by the regulations or another Act and who refuses or neglects to do so in the manner and at the time provided in the regulations or by or under an Act shall, upon written notice by the minister, be required to immediately do so. (2) Notice under this section may be forwarded to the usual or last known postal address of the director or of a clerk by registered prepaid post or by personal delivery. 1991 c15 s30 Back to Top Finance 31. (1) A payment required to be made by the Crown under this Act shall be paid by the Minister of Finance on request of the minister out of the Consolidated Revenue Fund. (2) Money paid into the court under a statute of the province or of Canada to which, following an inquiry by the director, clerk or other court staff, (a) there is no person legally entitled; or (b) the person legally entitled is either not known or that person's whereabouts are unknown, and which has been paid into the court for no less than 3 years shall be paid into the Consolidated Revenue Fund. (3) A person entitled to money paid into the Consolidated Revenue Fund under subsection (2) may apply to the Trial Division for an order (a) that the person is legally entitled to that money; and (b) directing the Minister of Finance to pay over to that person the money and interest that are set out in the order. (4) Upon receipt of a copy of an order issued under subsection (3), the Minister of Finance shall pay the money and interest set out in the order from the Consolidated Revenue Fund to the appropriate person. 1991 c15 s31 ; 2012 c8 s5 Back to Top Immunity of judge 32. Every judge has the same immunity from liability as a judge of the Supreme Court. 1991 c15 s32 Back to Top Continuance of proceedings 33. (1) Subject to the Criminal Code, where a judge dies, resigns, retires, is removed from office, or is absent from office because of illness or for another cause, the chief judge may designate another judge to take up all actions, causes, matters, processes, hearings and proceedings which were pending before the judge at the time of the judge’s death, resignation, retirement, removal or absence. (2) A judge designated under subsection (1) shall (a) take up, 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 it. 1991 c15 s33 ; 2022 c2 s26 Back to Top Rep. by 2008 c27 s9 34. [Rep. by 2008 c27 s9] 2008 c27 s9 Back to Top Conference of judges 35. (1) A conference consisting of the judges of the court shall meet at least once yearly at the call of the chief judge upon a day fixed by the chief judge and of which the chief judge shall give notice to the judges for the purpose of (a) considering the operation of this Act and the regulations; (b) inquiring into and examining defects that appear to exist in the procedure of the court; and (c) considering those other matters which the chief judge or 1 of the judges considers appropriate. (2) Where the conference considers it necessary and appropriate to do so, it may form 1 or more subcommittees to deal with a matter referred to in subsection (1) and each subcommittee so formed shall meet at those times and places that are necessary to achieve the purpose for which it was formed. 1991 c15 s35 PART IV TRANSITIONAL, REPEAL AND COMMENCEMENT Back to Top Existing judges 36. (1) A person who is a judge when this Act comes into force shall be deemed to have been appointed under this Act and has the jurisdiction, powers, rights and privileges conferred upon a judge by this or another Act. (2) [Rep. by 2008 c27 s10] 1991 c15 s36 ; 2008 c27 s10 Back to Top Reference to judges 37. A reference in an Act or regulation to a Provincial Court judge shall be read as a reference to a judge within the meaning of this Act. 1991 c15 s37 Back to Top Rep. by 2008 c27 s11 38. [Rep. by 2008 c27 s11] 2008 c27 s11 Back to Top Rep. by 2008 c27 s11 39. [Rep. by 2008 c27 s11] 2008 c27 s11 (The Act came into force by proclamation on - Oct. 16/91) 1991 c15 s39