S-2 - Act respecting the salaries of officers of justice

Updated to 1 October 2000

This document has official status.

chapter S-2

Act respecting the salaries of officers of justice

DIVISION I DEPUTIES AND CLERKS OF OFFICERS OF JUSTICE

1983, c. 54, s. 70.

1. Each officer of justice shall have the deputies and clerks necessary for the due performance of the duties of his office.

R. S. 1964, c. 31, s. 16.

2. The deputies and permanent employees of the officers of justice shall be appointed by order of the Minister of Justice, to each of whom he shall assign a salary in accordance with the provisions of the Public Administration Act (chapter A‐6.01).

The other employees shall be appointed by the Minister of Justice, to each of whom he shall assign a salary, in accordance with the provisions of the Public Administration Act, payable in the same manner as the salaries of the permanent employees.

The Minister of Justice or any functionary of his department designated by him in writing may appoint among the staff of the officers of justice deputies who shall perform the duties of such officers, if the circumstances so require, in particular for cause of absence or illness, for a period not exceeding three months at one time.

R. S. 1964, c. 31, s. 17 (part); 1965 (1st sess.), c. 14, s. 81; 1965 (1st sess.), c. 16, s. 21; 1974, c. 11, s. 36; 1978, c. 15, s. 140; 1983, c. 54, s. 71; 1983, c. 55, s. 161; 2000, c. 8, s. 186.

3. Every salaried officer shall enter, in the court register, the number and date of the order-in-council appointing a deputy as well as the date of the swearing in of the latter.

The officer remunerated by fees shall enter, in the court register, the instrument appointing the deputies as well as the date of their being sworn in.

R. S. 1964, c. 31, s. 20.

4. The instrument appointing a deputy may limit his powers to the exercise of any special portion of the duties assigned to his chief, which portion shall be specially and clearly indicated in the said instrument and be entered in the court register.

In that respect, every such deputy is authorized to perform the special duties assigned to him in like manner as his chief.

R. S. 1964, c. 31, s. 21.

5. The deputy whose appointment contains no restriction may perform the duties of his chief, and, if he is the only deputy so appointed, shall continue to perform the said duties in the event of the decease, dismissal, suspension, or resignation of his said chief, or vacancy in the office of the latter, until the successor appointed has received his commission, if any, and has discharged the duties imposed by section 9 of the Public Officers Act (chapter E-6).

He shall also continue to perform his duties as deputy under the direction of the joint officer in the cases provided for in section 1 of the Public Officers Act (chapter E-6).

R. S. 1964, c. 31, s. 22; 1979, c. 43, s. 9.

6. If there be several deputies, each shall continue to perform the duties assigned to him under the direction of the one designated as the first deputy in the instrument appointing him or, in the cases provided for in section 1 of the Public Officers Act (chapter E-6), under the direction of the joint officers continued in office.

If there be no first deputy, the Minister of Justice shall designate which deputy is to act as such.

R. S. 1964, c. 31, s. 23; 1965 (1st sess.), c. 16, s. 21.

7. Any duty required by law which has not been performed by an officer of justice at the time of his death, of his suspension or before his office becomes vacant, may be performed with the same effect by his deputy or by his successor; and any act entered in the register, but not signed and not completed by such officer of justice, may be so signed and completed by his deputy or successor.

R. S. 1964, c. 31, s. 24.

DIVISION II

Repealed, 1992, c. 61, s. 543.

1992, c. 61, s. 543.

8. (Repealed).

R. S. 1964, c. 31, s. 25; 1965 (1st sess.), c. 17, s. 2; 1969, c. 21, s. 35; 1986, c. 95, s. 300; 1988, c. 21, s. 66; 1992, c. 61, s. 543.

DIVISION III

Repealed, 1992, c. 61, s. 544.

1988, c. 21, s. 66; 1992, c. 61, s. 544.

9. (Repealed).

R. S. 1964, c. 31, s. 29; 1969, c. 26, s. 115; 1988, c. 21, s. 66; 1992, c. 61, s. 544.

10. (Repealed).

R. S. 1964, c. 31, s. 30; 1990, c. 4, s. 797; 1992, c. 61, s. 544.

11. (Repealed).

R. S. 1964, c. 31, s. 31; 1988, c. 21, s. 136; 1992, c. 61, s. 544.

DIVISION IV

This Division ceased to have effect on 17 April 1987.

12. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 31 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter S-2 of the Revised Statutes.