T-16 - Courts of Justice Act

Section 51 Disposition versions

2016-01-01

51. (1)  The Government may order by order that the terms and sittings of the Superior Court and of the judges thereof be also held at a place in the judicial district other than that in which the chief-place is situated or at a place in another judicial district where it has concurrent jurisdiction.

(2)  Such order shall designate the territory, the place and the building where the said terms and sittings are to be held. All working days shall be term days therein, subject to the provisions of article 82 of the Code of Civil Procedure (chapter C-25.01).

(3)  The Government may, in the same way, change the dates of the said terms and sittings, as well as the places where they are to be held.

(4)  Such order shall not be issued until the municipality in whose territory the terms and sittings of the said Superior Court and the judges thereof are to be held have procured in such territory, to the satisfaction of the Government, a building, with rooms suitable for a court room for the judge or judges and the officers of the court.

(5)  From and after the date of such order, causes in which the right of action arose in the territory determined by such order or in which the defendant resides, may, by consent of the parties, be tried, heard and decided at the place fixed by such order for the holding of such terms and sittings.

(6)  All the powers and functions belonging to a judge in chambers, and which can be exercised by him or by the clerk, may be exercised at the place fixed by order, as well as at the chief-place of the district, as to matters in which the right of action arose in the territory fixed by order.

(7)  In proper cases, the Government may grant such indemnity as it thinks proper to any clerk who is obliged to travel for the purposes of this section.

(8)  The travelling expenses of the clerk and of the other officers of the court, when their presence is necessary, as well as the indemnity which may be granted to the clerk, shall be payable out of the sums voted by Parliament for the administration of justice.

(9)  The Government may, by order, revoke any order issued under this section and, from the date mentioned therein, the terms and sittings of the Superior Court and of the judges of said court shall cease to be held at the place mentioned in the order revoked.

R. S. 1964, c. 20, s. 46; 1965 (1st sess.), c. 80, a. 1; 1975, c. 7, s. 11; 1995, c. 42, s. 47; 1996, c. 2, s. 980; I.N. 2016-01-01 (NCCP).

1996-05-08

51. (1)  The Government may order by order that the terms and sittings of the Superior Court and of the judges thereof be also held at a place in the judicial district other than that in which the chief-place is situated or at a place in another judicial district where it has concurrent jurisdiction.

(2)  Such order shall designate the territory, the place and the building where the said terms and sittings are to be held. All juridical days shall be term days therein, subject to the provisions of article 12 of the Code of Civil Procedure (chapter C-25).

(3)  The Government may, in the same way, change the dates of the said terms and sittings, as well as the places where they are to be held.

(4)  Such order shall not be issued until the municipality in whose territory the terms and sittings of the said Superior Court and the judges thereof are to be held have procured in such territory, to the satisfaction of the Government, a building, with rooms suitable for a court room for the judge or judges and the officers of the court.

(5)  From and after the date of such order, causes in which the right of action arose in the territory determined by such order or in which the defendant resides, may, by consent of the parties, be tried, heard and decided at the place fixed by such order for the holding of such terms and sittings.

(6)  All the powers and functions belonging to a judge in chambers, and which can be exercised by him or by the clerk, may be exercised at the place fixed by order, as well as at the chief-place of the district, as to matters in which the right of action arose in the territory fixed by order.

(7)  In proper cases, the Government may grant such indemnity as it thinks proper to any clerk who is obliged to travel for the purposes of this section.

(8)  The travelling expenses of the clerk and of the other officers of the court, when their presence is necessary, as well as the indemnity which may be granted to the clerk, shall be payable out of the sums voted by Parliament for the administration of justice.

(9)  The Government may, by order, revoke any order issued under this section and, from the date mentioned therein, the terms and sittings of the Superior Court and of the judges of said court shall cease to be held at the place mentioned in the order revoked.

R. S. 1964, c. 20, s. 46; 1965 (1st sess.), c. 80, a. 1; 1975, c. 7, s. 11; 1995, c. 42, s. 47; 1996, c. 2, s. 980.

1995-09-01

51. (1)  The Government may order by proclamation that the terms and sittings of the Superior Court and of the judges thereof be also held at a place in the judicial district other than that in which the chief-place is situated or at a place in another judicial district where it has concurrent jurisdiction.

(2)  Such proclamation shall designate the territory, the place and the building where the said terms and sittings are to be held. All juridical days shall be term days therein, subject to the provisions of article 12 of the Code of Civil Procedure.

(3)  The Government may, in the same way, change the dates of the said terms and sittings, as well as the places where they are to be held.

(4)  Such proclamation shall not be issued until the municipal council of the place where the terms and sittings of the said Superior Court and the judges thereof are to be held, or the county council, have procured at such place, to the satisfaction of the Government, a building, with rooms suitable for a court room for the judge or judges and the officers of the court.

(5)  From and after the date of such proclamation, causes in which the right of action arose in the territory determined by such proclamation or in which the defendant resides, may, by consent of the parties, be tried, heard and decided at the place fixed by such proclamation for the holding of such terms and sittings.

Nevertheless any causes from the district of Rimouski in which the right of action arose in the electoral district of Matane, or causes in which the defendant resides in such electoral district, shall not be tried, heard and decided in the electoral district of Matane except by consent of the parties.

(6)  All the powers and functions belonging to a judge in chambers, and which can be exercised by him or by the clerk, may be exercised at the place fixed by proclamation, as well as at the chief-place of the district, as to matters in which the right of action arose in the territory fixed by proclamation.

(7)  In proper cases, the Government may grant such indemnity as it thinks proper to any clerk who is obliged to travel for the purposes of this section.

(8)  The travelling expenses of the clerk and of the other officers of the court, when their presence is necessary, as well as the indemnity which may be granted to the clerk, shall be payable out of the sums voted by the Legislature for the administration of justice.

(9)  The Government may, by proclamation, revoke any proclamation issued under this section and, from the date mentioned therein, the terms and sittings of the Superior Court and of the judges of said court shall cease to be held at the place mentioned in the proclamation revoked.

R. S. 1964, c. 20, s. 46; 1965 (1st sess.), c. 80, a. 1; 1975, c. 7, s. 11; 1995, c. 42, s. 47.

1980-01-01

51. (1)  The Government may order by proclamation that the terms and sittings of the Superior Court and of the judges thereof be also held at a place in the judicial district other than that in which the chief-place is situated or at a place in another judicial district where it has concurrent jurisdiction.

(2)  Such proclamation shall designate the territory, the place and the building where the said terms and sittings are to be held. All juridical days shall be term days therein, subject to the provisions of article 12 of the Code of Civil Procedure.

(3)  The Government may, in the same way, change the dates of the said terms and sittings, as well as the places where they are to be held.

(4)  Such proclamation shall not be issued until the municipal council of the place where the terms and sittings of the said Superior Court and the judges thereof are to be held, or the county council, have procured at such place, to the satisfaction of the Government, a building, with rooms suitable for a court room for the judge or judges and the officers of the court.

(5)  From and after the date of such proclamation, causes in which the right of action arose in the territory determined by such proclamation or in which the defendant resides, may, by consent of the parties, be tried, heard and decided at the place fixed by such proclamation for the holding of such terms and sittings.

Nevertheless any causes from the district of Rimouski in which the right of action arose in the electoral district of Matane, or causes in which the defendant resides in such electoral district, shall not be tried, heard and decided in the electoral district of Matane except by consent of the parties.

(6)  All the powers and functions belonging to a judge in chambers, and which can be exercised by him or by the prothonotary, may be exercised at the place fixed by proclamation, as well as at the chief-place of the district, as to matters in which the right of action arose in the territory fixed by proclamation.

(7)  In proper cases, the Government may grant such indemnity as it thinks proper to any prothonotary who is obliged to travel for the purposes of this section.

(8)  The travelling expenses of the prothonotary and of the other officers of the court, when their presence is necessary, as well as the indemnity which may be granted to the prothonotary, shall be payable out of the sums voted by the Legislature for the administration of justice.

(9)  The Government may, by proclamation, revoke any proclamation issued under this section and, from the date mentioned therein, the terms and sittings of the Superior Court and of the judges of said court shall cease to be held at the place mentioned in the proclamation revoked.

R. S. 1964, c. 20, s. 46; 1965 (1st sess.), c. 80, a. 1; 1975, c. 7, s. 11.

1977-12-31

51. (1)  The Gouvernement may order by proclamation that the terms and sittings of the Superior Court and of the judges thereof be also held at a place in the judicial district other than that in which the chief-place is situated or at a place in another judicial district where it has concurrent jurisdiction.

(2)  Such proclamation shall designate the place and the building where the said terms and sittings are to be held. All juridical days shall be term days therein, subject to the provisions of article 12 of the Code of Civil Procedure.

(3)  The Gouvernement may, in the same way, change the dates of the said terms and sittings, as well as the places where they are to be held.

(4)  Such proclamation shall not be issued until the municipal council of the place where the terms and sittings of the said Superior Court and the judges thereof are to be held, or the county council, have procured at such place, to the satisfaction of the Gouvernement, a building, with rooms suitable for a court room for the judge or judges and the officers of the court.

(5)  From and after the date of such proclamation, terms and sittings of the Superior Court and of the judges thereof shall be held in said place for all causes in the district in which the right of action arose in the electoral district, or when the defendant resides in the electoral district, unless the parties consent that the cause or any incident thereof be tried, heard and decided at the chief-place of the district.

Nevertheless any causes from the district of Rimouski in which the right of action arose in the electoral district of Matane, or causes in which the defendant resides in such electoral district, shall not be tried, heard and decided in the electoral district of Matane except by consent of the parties.

(6)  All the powers and functions belonging to a judge in chambers, and which can be exercised by him or by the prothonotary, may be exercised in the electoral district at the place fixed by proclamation, as well as at the chief-place of the district, as to matters in which the right of action arose in the said electoral district.

(7)  In proper cases, the Gouvernement may grant such indemnity as it thinks proper to any prothonotary who is obliged to travel for the purposes of this section.

(8)  The travelling expenses of the prothonotary and of the other officers of the court, when their presence is necessary, as well as the indemnity which may be granted to the prothonotary, shall be payable out of the sums voted by the Legislature for the administration of justice.

(9)  The Gouvernement may, by proclamation, revoke any proclamation issued under this section and, from the date mentioned therein, the terms and sittings of the Superior Court and of the judges of said court shall cease to be held at the place mentioned in the proclamation revoked.

R. S. 1964, c. 20, s. 46; 1965 (1st sess.), c. 80, a. 1.