T-16 - Courts of Justice Act

À jour au 16 juin 1999

Ce document a valeur officielle.

chapter T-16

Courts of Justice Act

1. The Courts of Québec, in civil, criminal and mixed matters, are:

The Court of Appeal;

The Superior Court;

The Court of Québec;

The Municipal Courts.

R. S. 1964, c. 20, s. 1; 1965 (1st sess.), c. 17, s. 1; 1966-67, c. 18, s. 1; 1974, c. 11, s. 1; 1977, c. 20, s. 138; 1988, c. 21, s. 1; 1992, c. 61, s. 612.

2. The jurisdictions of the Court of Appeal, the Superior Court and the Court of Québec are general and cover the whole of Québec; the jurisdiction of the Municipal Courts is restricted to localities and the jurisdiction of the justices of the peace is provided for by law or by their deed of appointment.

R. S. 1964, c. 20, s. 2; 1965 (1st sess.), c. 17, s. 3; 1974, c. 11, s. 4; 1977, c. 20, s. 138; 1975, c. 7, s. 2; 1988, c. 21, s. 2; 1992, c. 61, s. 613.

3. The Public Officers Act (chapter E-6), the Public Service Act (chapter F-3.1.1) and the Labour Code (chapter C-27) shall not apply to the judges of the Court of Québec, the justices of the Peace or the municipal judges acting in that capacity.

1965 (1st sess.), c. 17, s. 3; 1965 (1st sess.), c. 14, s. 82; 1965 (1st sess.), c. 15, s. 1; 1977, c. 20, s. 138; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1988, c. 21, s. 3; 1988, c. 74, s. 7; 1990, c. 44, s. 1; 1992, c. 61, s. 614.

4. The officers of justice shall be: the sheriff, the clerk of the Superior Court, the clerk of the Court of Québec, the clerk of the Crown and all other officers necessary for the administration of justice in Québec.

The officers of justice shall be appointed by order of the Minister of Justice who may assign them jurisdiction in more than one district.

R. S. 1964, c. 20, s. 3; 1965 (1st sess.), c. 17, s. 2; 1983, c. 54, s. 87; 1983, c. 41, s. 209; 1986, c. 86, s. 35; 1988, c. 21, s. 4; 1992, c. 61, s. 615; 1995, c. 42, s. 47.

4.1. A special clerk contemplated in subparagraph e of article 4 of the Code of Civil Procedure (chapter C-25) may, in accordance with the said subparagraph, be given jurisdiction in more than one judicial district, even if he has not been appointed clerk of each of those districts.

1983, c. 28, s. 65; 1992, c. 57, s. 705; 1995, c. 42, s. 47.

5. The Minister of Justice shall also, by order, appoint a clerk of appeals for Montréal, a clerk of appeals for Québec, and as many deputy clerks of appeals as he may deem necessary.

R. S. 1964, c. 20, s. 4; 1983, c. 54, s. 88.

5.1. Notwithstanding any other legislative provision, the clerk of a court is required to furnish at a hearing, in order to fill the office of court bailiff, only the available court bailiffs at his disposal.

1982, c. 58, s. 79; 1995, c. 42, s. 47.

5.2. In no case may an employer or his agent dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him on the ground that the latter is summoned or has acted as a witness.

Any contravention of this section, in addition to being an offence against this Act, authorizes an employee to avail himself of his rights before a labour commissioner appointed under the Labour Code (chapter C-27), in the same manner as if it were a case of dismissal, suspension or transfer of an employee, of the practice of discrimination or the taking of reprisals against him or the imposition of any other sanction upon him by reason of the exercise by the employee of a right arising from the Labour Code. Sections 15 to 20, 118 to 137, 139, 139.1, 140, 146.1 and sections 150 to 152 of the Labour Code then apply, adapted as required.

1984, c. 46, s. 32.

5.3. A judge of the Municipal Court of Montréal, Laval or Québec having held the office of chief judge for at least seven years who is appointed as a judge to another of the said municipal courts or to the Court of Québec is entitled to receive, until his salary as a judge following such appointment is equal to the amount of salary and additional remuneration he was receiving when he ceased to hold the office of chief judge, the difference between the latter amount and his salary.

1987, c. 50, s. 1; 1988, c. 21, s. 5.

5.4. (Repealed).

1987, c. 50, s. 1; 1988, c. 21, s. 6; 1990, c. 44, s. 2.

5.5. The courts, the judges thereof and the justices of the peace of certain judicial districts shall have concurrent jurisdiction with those of other judicial districts over certain territories, in accordance with Schedule I.

Concurrent jurisdiction shall extend to the officers and employees of the Court.

1988, c. 21, s. 7; 1995, c. 42, s. 2.

PART I COURT OF APPEAL

1988, c. 21, s. 8.

DIVISION I CONSTITUTION OF THE COURT

1988, c. 21, s. 9.

6. The Court of Appeal is composed of 20 judges: one chief justice called “Chief Justice of Québec” and 19 puisne judges.

It also includes not more than 20 supernumerary judges governed by the Judges Act (Revised Statutes of Canada, 1985, chapter J-1).

R. S. 1964, c. 20, s. 6; 1969, c. 18, s. 1; 1970, c. 10, s. 1; 1972, c. 11, s. 1; 1974, c. 11, s. 7; 1977, c. 17, s. 1; 1989, c. 45, s. 1; 1991, c. 70, s. 1.

7. Of the 20 judges referred to in the first paragraph of section 6, seven shall reside in the territory of or in the immediate vicinity of Ville de Québec, and 13 in the territory of or in the immediate vicinity of Ville de Montréal.

The residence of a judge contemplated in the second paragraph of section 6 shall be that which he had before becoming a supernumerary judge.

Such 20 judges shall sit in turn in the territory of Ville de Québec and in the territory of Ville de Montréal, but the Chief Justice may temporarily vary the order for any reason he may deem advisable.

R. S. 1964, c. 20, s. 7; 1970, c. 10, s. 2; 1972, c. 11, s. 2; 1977, c. 17, s. 2; 1989, c. 45, s. 2; 1991, c. 70, s. 2; 1996, c. 2, s. 973.

8. No judge of the Court of Appeal shall sit in the Conseil exécutif, or in the National Assembly, or hold any other place of profit under the Crown.

R. S. 1964, c. 20, s. 8; 1968, c. 9, s. 73, s. 90; 1974, c. 11, s. 8; 1977, c. 5, s. 14.

8.1. For the purposes of section 41 of the Judges Act (Revised Statutes of Canada, 1985, chapter J-1), a judge of the Court of Appeal may, in his quality as a judge of that court and with the authorization of the chief justice, take part in an event connected with the administration of justice.

1987, c. 92, s. 1.

DIVISION II APPELLATE JURISDICTION OF THE COURT

1988, c. 21, s. 11.

9. The court and the judges thereof shall have an appellate jurisdiction throughout Québec, over all causes, matters or things appealed from all courts wherefrom an appeal lies by law, unless such appeal be expressly directed to be to some other court.

Except where otherwise provided by law, appeals shall be heard before three judges; this number may however be increased by the Chief Justice where he sees fit.

R. S. 1964, c. 20, s. 9; 1988, c. 21, s. 12.

10. The jurisdiction in appeal granted to the court by section 9 shall carry with it all powers necessary to its exercise.

R. S. 1964, c. 20, s. 10.

11. The Chief Justice shall preside over the court, or, if he be absent, then the senior puisne judge, according to the date of his commission.

Whenever the Chief Justice is temporarily unable to perform his duties, the senior puisne judge may perform them until the Chief Justice resumes the performance thereof or is replaced.

R. S. 1964, c. 20, s. 11; 1965 (1st sess.), c. 17, s. 5.

11.1. Where the chief justice informs the Minister of Justice and the federal Minister of Justice of his decision to abandon his office of chief justice, the Court of Appeal is then deemed to be composed, until a vacancy occurs, of the number of judges provided for by section 6 and of one additional office of judge.

1978, c. 19, s. 51 (part).

12. Whenever, by reason of leave of absence granted to or the illness of any judge of the court, it becomes probable that such judge will be absent for one whole term or more, then, if the Chief Justice, or, in case of his absence or disability, the senior puisne judge who is able to act, certifies to the Governor General his opinion that the due administration of justice would be promoted by the appointment of an assistant judge of the court during absence or sickness, any judge of the Superior Court may be appointed assistant judge of the Court of Appeal, for such time as it appears probable that the absence or sickness of the judge first mentioned will continue, and such assistant judge shall have the powers and perform all the duties of an ordinary judge of the court.

R. S. 1964, c. 20, s. 12; 1974, c. 11, s. 9.

13. After the time for which he is so appointed, such assistant judge may complete the hearing of, assist at the délibéré upon, and render judgment in any cause which, during such time, he heard or commenced hearing as such assistant judge, notwithstanding the return or presence in court of the judge in whose place he was appointed.

R. S. 1964, c. 20, s. 13.

14. The assistant judge shall not, during the time for which he is so appointed, act as a judge of the Superior Court, except to render judgment in causes or proceedings heard by him in the Superior Court before his appointment.

During the time for which such judge is appointed as assistant judge of the Court of Appeal, a duly qualified person may be appointed as an assistant judge of the Superior Court in his stead.

R. S. 1964, c. 20, s. 14; 1974, c. 11, s. 10.

DIVISION III CLERK OF THE COURT AND HIS DEPUTY

1988, c. 21, s. 13.

15. (1)  An officer shall be appointed to perform the duties of clerk of the court at Montréal, to be known as the “Clerk of Appeals at Montréal”, and another to perform the duties of clerk of the court at Québec, to be known as the “Clerk of Appeals at Québec”.

(2)  The deputy clerks at Québec and Montréal shall discharge the duties of the clerk, under the control of the clerk.

In case of the death, dismissal, suspension, or resignation of the clerk, the deputy clerk designated as the first deputy, in Québec, and the deputy clerk designated in the same manner, in Montréal, shall, at each of such places respectively, discharge the duties assigned to the clerk, until a new clerk is appointed.

In default of a first deputy at Québec, or at Montréal, the Minister of Justice shall designate who shall act as such.

(3)  The clerk and the deputy clerks of appeals may administer or receive any oath in any matter in which such court has jurisdiction.

R. S. 1964, c. 20, s. 15; 1965 (1st sess.), c. 16, s. 21; 1979, c. 43, s. 7; 1983, c. 54, s. 89.

16. No clerk or deputy clerk of appeals shall, while such, practice as an advocate in Québec.

R. S. 1964, c. 20, s. 16.

17. The Government shall determine the salary of the clerk, according to the provisions of the Public Service Act (chapter F-3.1.1).

R. S. 1964, c. 20, s. 17; 1965 (1st sess.), c. 14, s. 81; 1978, c. 15, s. 140; 1983, c. 55, s. 161.

DIVISION IV TERMS OF THE COURT AND WHERE HELD

1988, c. 21, s. 14.

18. The sittings of the Court of Appeal shall be held in Québec and in Montréal. It may also sit on any juridical day of the year.

The chief justice shall fix the terms of these sittings to be held on such months, on such dates and for such lapse of time as he deems it expedient for the good disposal of the business of the court.

Whenever a vacancy occurs in the office of chief justice or the latter is in the incapacity to act by reason of absence or for any other cause, the senior judge of the court by chronological order of appointment shall exercise the powers conferred upon the chief justice by this section.

R. S. 1964, c. 20, s. 18; 1974, c. 11, s. 11.

19. Any term may be closed whenever there is no business before the court, or may be continued by adjournment until there is no business before it.

R. S. 1964, c. 20, s. 19.

20. The Court of Appeal may, however, sit to render judgments on any juridical day of the year outside the terms fixed under section 18.

R. S. 1964, c. 20, s. 20; 1974, c. 11, s. 12.

PART II SUPERIOR COURT

1988, c. 21, s. 15.

DIVISION I CIVIL JURISDICTION OF THE SUPERIOR COURT

1988, c. 21, s. 16.

§ 1 . — Constitution, Jurisdiction and Powers of the Court and Judges

21. The Superior Court, which is a court of record, is composed of 143 judges including a Chief Justice, a Senior Associate Chief Justice and an Associate Chief Justice.

It shall also be composed of not more than 111 supernumerary judges governed by the Judges Act (Revised Statutes of Canada, 1985, chapter J-1). The residence of such a judge shall be the same as it was before he became a supernumerary judge.

R. S. 1964, c. 20, s. 21; 1966, c. 7, s. 1; 1966-67, c. 18, s. 2; 1968, c. 15, s. 1; 1971, c. 14, s. 1; 1972, c. 11, s. 3; 1973, c. 13, s. 1; 1974, c. 11, s. 13; 1975, c. 10, s. 1; 1976, c. 8, s. 1; 1977, c. 17, s. 3; 1977, c. 17, s. 4; 1979, c. 42, s. 1; 1982, c. 58, s. 80; 1984, c. 26, s. 37; 1984, c. 46, s. 33; 1985, c. 29, s. 29; 1987, c. 50, s. 2; 1988, c. 21, s. 17; 1989, c. 45, s. 3.

22. The Chief Justice has charge of the general policy of the court in judicial matters.

However, the Chief Justice, the Senior Associate Chief Justice or the Associate Chief Justice shall, in the division where he resides, coordinate and apportion the work of the judges, and they must comply with his orders and directives in that regard.

Such paragraphs apply subject to the provisions which follow.

1974, c. 11, s. 13; 1976, c. 8, s. 2.

23. Such judges shall exercise their functions in the judicial districts assigned to them.

R. S. 1964, c. 20, s. 22.

24. Whenever the Chief Justice of the Superior Court resides in the territory of Ville de Québec, the Senior Associate Chief Justice shall perform his duties in the division of Montréal formed by the judicial districts of Beauharnois, Bedford, Drummond, Hull, Iberville, Joliette, Labelle, Laval, Longueuil, Mégantic, Montréal, Pontiac, Richelieu, Saint-François, Saint-Hyacinthe and Terrebonne, and shall reside in the territory of or in the vicinity of Ville de Montréal.

R. S. 1964, c. 20, s. 23; 1973, c. 13, s. 2; 1975, c. 10, s. 2; 1979, c. 15, s. 4; 1985, c. 29, s. 30; 1996, c. 2, s. 974.

25. Whenever the Chief Justice of the Superior Court resides in the territory of Ville de Montréal, the Senior Associate Chief Justice shall perform his duties in the division of Québec formed by the judicial districts of Abitibi, Alma, Arthabaska, Baie-Comeau, Beauce, Bonaventure, Charlevoix, Chicoutimi, Frontenac, Gaspé, Kamouraska, Mingan, Montmagny, Québec, Rimouski, Roberval, Rouyn-Noranda, Saint-Maurice, Témiscamingue and Trois-Rivières, and shall reside in the territory of or in the vicinity of Ville de Québec.

R. S. 1964, c. 20, s. 24; 1966, c. 7, s. 2; 1971, c. 8, s. 5; 1973, c. 13, s. 3; 1975, c. 10, s. 3; 1979, c. 15, s. 4; 1982, c. 58, s. 81; 1985, c. 29, s. 31; 1996, c. 2, s. 975.

26. The Senior Associate Chief Justice shall, under the authority of the Chief Justice, exercise the latter’s powers.

The Associate Chief Justice shall assist the Chief Justice or, as the case may be, the Senior Associate Chief Justice, residing in the territory of Ville de Montréal, in the performance of his duties.

1973, c. 13, s. 4; 1996, c. 2, s. 976.

27. The Associate Chief Justice shall exercise the powers of the Chief Justice or Senior Associate Chief Justice, as the case may be, residing in the territory of Ville de Montréal, to the extent determined by the Chief Justice or the Senior Associate Chief Justice.

The authority of the Senior Associate Chief Justice and Associate Chief Justice shall be that of the Chief Justice; their orders must be executed in the same manner as those of the Chief Justice and their official signatures shall give force and effect to any document within the competence of the Chief Justice.

1973, c. 13, s. 4; 1996, c. 2, s. 977.

28. Where the Chief Justice or, as the case may be, the Senior Associate Chief Justice, residing at Montréal, is temporarily prevented from performing his duties, the Associate Chief Justice may perform such duties until the Chief Justice or, as the case may be, the Senior Associate Chief Justice, resumes them or is replaced.

1973, c. 13, s. 4.

29. The Senior Associate Chief Justice shall have a right of precedence immediately after the Chief Justice.

The Associate Chief Justice shall have a right of precedence immediately after the Senior Associate Chief Justice.

R. S. 1964, c. 20, s. 25; 1973, c. 13, s. 5.

30. Whenever the Chief Justice, the Senior Associate Chief Justice or, as the case may be, the Associate Chief Justice is temporarily unable to perform his duties, the senior puisne judge, according to the date of his appointment, residing in Montréal or Québec, as the case may be, may perform such duties until the Chief Justice, the Senior Associate Chief Justice, or, as the case may be, Associate Chief Justice resumes the performance thereof or is replaced.

1965 (1st sess.), c. 17, s. 6; 1973, c. 13, s. 6.

30.1. Where the chief justice, the senior associate chief justice or the associate chief justice informs the Minister of Justice and the federal Minister of Justice of his decision to abandon his office of chief justice, senior associate chief justice or associate chief justice, as the case may be, the Superior Court is then deemed to be composed, until a vacancy occurs, of the number of judges provided for by section 21 and of one additional office of judge.

1978, c. 19, s. 51 (part).

31. No judge of the Superior Court shall, while a judge, sit in the Conseil exécutif or in the National Assembly, or hold any other place of profit under the Crown.

R. S. 1964, c. 20, s. 26; 1968, c. 9, s. 74, s. 90; 1977, c. 5, s. 14.

31.1. For the purposes of section 41 of the Judges Act (Revised Statutes of Canada, 1985, chapter J-1), a judge of the Superior Court may, in his quality as a judge of that court and with the authorization of the chief justice, take part in an event connected with the administration of justice.

1987, c. 92, s. 2.

32. The judges of the Superior Court shall be appointed for the several districts of Québec, as follows:

(1)  For the district of Montréal, with residence in the territory of Ville de Montréal or in the immediate vicinity thereof, 89 judges; one of whom shall have special charge of the district of Terrebonne, another of the district of Beauharnois, another of the district of Richelieu, another of the district of Saint-Hyacinthe, another of the district of Pontiac, another of the district of Hull, another of the district of Labelle, who shall also exercise his ordinary functions in the district of Hull, another of the district of Bedford, another of the district of Iberville, and another of the district of Joliette;

The judges appointed for the district of Montréal shall also exercise their ordinary functions in the districts of Laval and Longueuil in accordance with the orders of the Chief Justice, the Senior Associate Chief Justice or the Associate Chief Justice, as the case may be.

The judges appointed with residence in the territory of Ville de Montréal may also reside in the districts of Laval and Longueuil.

(1.1)  For the district of Longueuil, with residence in the territory of Ville de Longueuil or in its vicinity, one judge;

(2)  For the district of Québec, with residence in the territory of Ville de Québec or in the immediate vicinity thereof, 30 judges, one of whom shall have special charge of the districts of Gaspé and Bonaventure, another of the district of Beauce, another of the district of Montmagny, another of the district of Arthabaska, another of the district of Kamouraska, another of the district of Charlevoix and another of the district of Roberval;

(3)  For districts of Mégantic and Saint-François, with residence in the territory of Ville de Sherbrooke or in the immediate vicinity thereof, three judges;

(4)  For the district of Trois-Rivières, with residence in the territory of Ville de Trois-Rivières or in its immediate vicinity, three judges;

(5)  For the districts of Abitibi, Rouyn-Noranda and Témiscamingue, with residence at Amos or at Rouyn or in the immediate vicinity thereof, three judges;

(6)  For the districts of Saint-François and Bedford, three judges, including two with residence at Sherbrooke or in the vicinity and one with residence at Cowansville or in the vicinity;

(7)  For the districts of Hull, Labelle and Pontiac, with residence at Hull or in its immediate vicinity, four judges;

(7.1)  For the district of Alma, with residence in Alma or in the immediate vicinity thereof, one judge;

(8)  For the district of Chicoutimi, with residence at Chicoutimi or in its immediate vicinity, three judges;

(9)  For the district of Rimouski, with residence, at the option of the judge, at Rimouski or Rivière-du-Loup or in the immediate vicinity thereof, one judge;

(10)  For the district of Saint-Maurice, with residence at Shawinigan or its immediate vicinity, one judge;

(11)  For the districts of Baie-Comeau and Mingan, with residence at Sept-Iles or in its immediate vicinity, one judge.

Such judges must administer justice in turn in each of the other districts of Québec, as instructed by the Chief Justice, of the Senior Associate Chief Justice or the Associate Chief Justice, as the case may be.

The Government, upon the recommendation of the Minister of Justice and with the consent of the Chief Justice, may authorize a judge to reside at a place other than that provided for in this section.

R. S. 1964, c. 20, s. 27; 1966, c. 7, s. 3; 1966-67, c. 18, s. 3; 1968, c. 15, s. 2; 1970, c. 9, s. 1; 1971, c. 14, s. 2; 1971, c. 8, s. 6; 1973, c. 13, s. 7; 1974, c. 11, s. 14; 1975, c. 10, s. 4; 1976, c. 8, s. 3; 1977, c. 17, s. 5; 1977, c. 17, s. 6; 1979, c. 15, s. 5; 1982, c. 58, s. 82; 1984, c. 26, s. 38; 1984, c. 46, s. 34; 1985, c. 29, s. 32; 1986, c. 95, s. 332; 1987, c. 50, s. 3; 1988, c. 21, s. 18; 1989, c. 45, s. 4; 1991, c. 70, s. 3; 1996, c. 2, s. 978.

33. (1)  The judges to whom are assigned respectively the districts of Terrebonne, Beauharnois, Richelieu, Saint-Hyacinthe and Pontiac shall exercise their ordinary functions in any court wherein the judges of the court have jurisdiction, whenever their services are not required in their respective districts.

(2)  One of the judges of the districts from which appeals are heard in the territory of Ville de Québec, may be called upon by competent authority to exercise his ordinary functions in the district of Québec, when such functions are not required in his district, and such judge shall reside in the territory of Ville de Québec.

R. S. 1964, c. 20, s. 28; 1996, c. 2, s. 979.

34. Whenever the despatch of judicial business in any district requires the services of more judges than there are in such district, the chief justice shall require one or more judges to discharge their duties temporarily in such district.

R. S. 1964, c. 20, s. 29.

35. All the powers which by any Act were vested in any judges or quorum of the Superior Court, in term or out of term, at the time of the coming into force of the Consolidated Statutes for Lower Canada, and which were by the said statutes vested in any such judge, have since been and are now, vested in any one judge of the court, so that one judge constitutes a quorum of the court and may hear and determine all causes and matters within the jurisdiction of the court, and exercise all the powers of the court with regard thereto.

R. S. 1964, c. 20, s. 32; 1995, c. 42, s. 5.

36. Any judge may continue and complete any matter commenced or continued by another, but shall not reverse any decision of such other judge, unless the decision be such that he might reverse it if it were his own.

The Chief Justice, the Senior Associate Chief Justice or, as the case may be, the Associate Chief Justice may order that a matter under advisement for more than six months be replaced on the roll to be completed by another judge.

Likewise, the chief justice of the Superior Court, the Senior Associate Chief Justice or the associate chief justice, as the case may be, may and has always had the power to sign a judgment rendered by a judge since deceased, provided that he be satisfied that the text of the judgment presented to him to be signed is in conformity with the judgment which has been rendered.

R. S. 1964, c. 20, s. 33; 1973, c. 13, s. 8.

37. In all proceedings commenced in vacation before one judge, it shall be competent, in case of the illness or absence of such judge, for any other judge to sit in his place and to exercise the power and authority which would have been exercised by the judge so ill or absent, had he continued to sit.

R. S. 1964, c. 20, s. 34.

38. Two or more judges discharging their duties in the same district may and shall, whenever the despatch of business requires, sit at the same time and at the same place, but in separate apartments, in term or in vacation, and each shall have jurisdiction to hear and determine all cases and matters submitted to him, and the same power as if he were the only judge sitting in such place.

R. S. 1964, c. 20, s. 35.

§ 2 . — General Powers of the Court

39. As regards any unrepealed provisions of any Act in force in Québec at the time the Act 12 Victoria, Chapter 38, came into force, the Superior Court shall continue to be substituted for the Court of Queen’s Bench, abolished by the said Act.

Such unrepealed provision shall continue to apply to the Superior Court, as it theretofore applied to the said Court of Queen’s Bench.

Such superintending and reforming power and control shall continue to be vested in and assigned to the Superior Court and the judges thereof.

R. S. 1964, c. 20, s. 36.

§ 3 . — Sittings of the Court

1988, c. 21, s. 19.

40. (Repealed).

1975, c. 10, s. 5; 1988, c. 21, s. 20.

41. (Repealed).

R. S. 1964, c. 20, s. 37; 1975, c. 7, s. 3; 1979, c. 15, s. 6; 1988, c. 21, s. 20.

42. (Repealed).

R. S. 1964, c. 20, s. 38; 1975, c. 7, s. 4; 1988, c. 21, s. 20.

43. (Repealed).

R. S. 1964, c. 20, s. 39; 1975, c. 7, s. 5; 1988, c. 21, s. 20.

44. (Repealed).

R. S. 1964, c. 20, s. 40; 1972, c. 11, s. 5; 1973, c. 13, s. 9; 1975, c. 98, s. 1; 1975, c. 7, s. 6.

45. (Repealed).

R. S. 1964, c. 20, s. 41; 1975, c. 7, s. 7; 1987, c. 92, s. 3; 1988, c. 21, s. 20.

46. (Repealed).

1970, c. 10, s. 3; 1988, c. 21, s. 20.

47. (Repealed).

1973, c. 13, s. 10; 1975, c. 10, s. 6; 1988, c. 21, s. 20.

48. (Repealed).

R. S. 1964, c. 20, s. 42; 1975, c. 7, s. 8; 1988, c. 21, s. 20.

49. (Repealed).

R. S. 1964, c. 20, s. 43; 1975, c. 7, s. 9; 1988, c. 21, s. 20.

50. (Repealed).

R. S. 1964, c. 20, s. 45; 1975, c. 7, s. 10; 1979, c. 15, s. 7; 1988, c. 21, s. 20.

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.

52. Terms and sittings of the Superior Court and of the judges thereof shall be held at the chief-place in each judicial district of Québec or at such other place or places as may be fixed by competent authority. All actions, suits or proceedings which may be brought in any district may be commenced at the place where the terms of the court are held in such district.

R. S. 1964, c. 20, s. 48.

53. Subject to the provisions of article 12 of the Code of Civil Procedure (chapter C-25), all juridical days shall be term days in all the districts of Québec.

The Chief Justice and the Senior Associate Chief Justice, or, as the case may be, the Associate Chief Justice shall fix, for each district in their division, such court sittings as they deem expedient for the proper dispatch of business.

R. S. 1964, c. 20, s. 49; 1965 (1st sess.), c. 17, s. 7; 1965 (1st sess.), c. 80, a. 1; 1973, c. 13, s. 11.

§ 4 . — Sheriffs, clerks and other officers of the Superior Court

1988, c. 21, s. 21; 1995, c. 42, s. 47.

54. Sheriffs and clerks shall be officers of the Superior Court generally, and not merely of the judges sitting in the districts for which they have jurisdiction, and shall obey the lawful orders of the court and the judges thereof, in whatever district made, provided anything be required to be done under them by such sheriffs or clerks in the district in which they have jurisdiction.

No sheriff or clerk of the Superior Court or his deputy shall, while in office, practise as an advocate in Québec.

R. S. 1964, c. 20, s. 50; 1983, c. 54, s. 90; 1995, c. 42, s. 47.

55. Deputy clerks shall be appointed in the manner provided by sections 1 and following of the Act respecting the salaries of officers of justice (chapter S-2).

R. S. 1964, c. 20, s. 51; 1995, c. 42, s. 47.

56. Deputy sheriffs shall be appointed in the manner provided by sections 1 and following of the Act respecting the salaries of officers of justice (chapter S-2).

The acts and returns of such deputies, done and made in their official capacity, shall be received in all the courts in Québec, and shall be as valid and legal as the acts and returns of the sheriff himself.

R. S. 1964, c. 20, s. 52.

57. Sheriffs and clerks shall keep such books of account showing the public moneys in their hands, as the Government shall direct, and shall deposit such moneys in conformity with Division II of the Deposit Act (chapter D-5).

Such officers shall keep their cash books entered up daily, and all their books, accounts and papers, having reference to such public moneys, shall at all times, during office hours, be open to the inspection of any person whom the Government may authorize to inspect the same.

When any sheriff or clerk is removed from or resigns his office, he shall, as soon as called upon so to do after his removal or resignation, pay and deliver over to his successor in office all sums of money or things then in his hands, or for which he was then accountable by virtue of his office.

In case of the death of an officer, his heirs or representatives shall be subject to the same obligations.

The successor of such officer, as soon as such money or other things have been paid or delivered to him, shall execute and fulfil all judgments and orders for the distribution and payment of such moneys or the delivery of such other things, in the same manner as the former sheriff or clerk would have been bound to do, whether such judgments or orders were rendered or made before or after such death, removal or resignation.

Nothing in this section shall lessen the duration or extent of the liability of any surety of any sheriff or clerk under the law.

R. S. 1964, c. 20, s. 53; 1970, c. 17, s. 101; 1995, c. 42, s. 47.

58. The Minister of Justice shall appoint, by order, a deputy sheriff who resides in the Îles-de-la-Madeleine.

R. S. 1964, c. 20, s. 54; 1983, c. 54, s. 91.

59. Such deputy shall have charge of the court-house and of the gaol and of all persons committed for custody therein, and shall have, in civil and in criminal cases, all the powers of the sheriff in and with respect to the said islands, and also in the remainder of the district of Gaspé, with respect to the conveyance of prisoners from the said islands to any house of detention in the district, and other matters necessarily connected with the administration of justice.

R. S. 1964, c. 20, s. 55; 1969, c. 21, s. 15.

60. (Repealed).

R. S. 1964, c. 20, s. 56; 1974, c. 11, s. 15; 1975, c. 7, s. 13; 1981, c. 14, s. 41; 1986, c. 48, s. 2; 1988, c. 21, s. 24.

61. (Repealed).

R. S. 1964, c. 20, s. 57; 1975, c. 7, s. 15.

62. (Repealed).

R. S. 1964, c. 20, s. 58; 1975, c. 7, s. 16; 1979, c. 15, s. 8; 1981, c. 14, s. 43; 1988, c. 21, s. 24.

63. (Repealed).

R. S. 1964, c. 20, s. 59; 1975, c. 7, s. 17; 1979, c. 15, s. 9; 1981, c. 14, s. 44; 1985, c. 29, s. 33.

64. (Repealed).

1966, c. 7, s. 4; 1988, c. 21, s. 24.

65. (Repealed).

1966, c. 7, s. 4; 1966-67, c. 18, s. 4; 1971, c. 8, s. 8; 1974, c. 11, s. 16; 1975, c. 7, s. 19.

66. (Repealed).

1975, c. 10, s. 9; 1975, c. 7, s. 20; 1988, c. 21, s. 24.

67. (Repealed).

1975, c. 10, s. 9; 1988, c. 21, s. 24.

68. (Repealed).

1977, c. 17, s. 7; 1978, c. 19, s. 1; 1988, c. 21, s. 24.

68.1. (Repealed).

1982, c. 58, s. 83; 1988, c. 21, s. 24.

68.2. (Repealed).

1982, c. 58, s. 83; 1988, c. 21, s. 24.

68.3. (Repealed).

1982, c. 58, s. 83; 1988, c. 21, s. 24.

68.4. (Repealed).

1982, c. 58, s. 83; 1988, c. 21, s. 24.

68.5. (Repealed).

1985, c. 29, s. 34; 1988, c. 21, s. 24.

68.6. (Repealed).

1985, c. 29, s. 34; 1988, c. 21, s. 24.

68.7. (Repealed).

1985, c. 29, s. 34; 1988, c. 21, s. 24.

68.8. (Repealed).

1985, c. 29, s. 34; 1988, c. 21, s. 24.

68.9. (Repealed).

1985, c. 29, s. 34; 1988, c. 21, s. 24.

DIVISION II CRIMINAL JURISDICTION OF THE SUPERIOR COURT

1988, c. 21, s. 26.

§ 1 . — General provisions

1988, c. 21, s. 27.

69. (Repealed).

R. S. 1964, c. 20, s. 60; 1974, c. 11, s. 18; 1988, c. 21, s. 28.

70. The Superior Court sitting as a criminal court of original jurisdiction, shall have such criminal jurisdiction throughout Québec as is given by competent authority.

Such court, so sitting as a criminal court, shall also hear the appeals allowed under Part XXVII of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46).

For the purposes of the administration of justice in criminal matters in first instance and for the purposes of the appeals allowed under Part XXVII of the Criminal Code, the judges of the Superior Court shall preside over that court in the various districts and shall, in such capacity, have such jurisdiction as is given them by competent authority. They shall sit for the purposes of the appeals permitted under Part XXVII of the Criminal Code during the terms and at the sittings of the Superior Court and of the judges of such court which are held at the chief place of the judicial districts; they shall also sit for such purposes at such other place in each district as is fixed by order of the Government.

The judges of the Superior Court shall also be justices of the peace throughout Québec.

R. S. 1964, c. 20, s. 61; 1969, c. 19, s. 1; 1974, c. 11, s. 19; 1983, c. 41, s. 210.

71. The terms or sittings of the Superior Court, in the exercise of its criminal jurisdiction, shall be held by one or more judges, one of whom shall form a quorum, and may exercise all the powers and jurisdiction of the court.

R. S. 1964, c. 20, s. 62; 1974, c. 11, s. 20.

§ 2 . — Clerks of the Crown and their Deputies

72. Clerks of the Crown are clerks of the Superior Court, as to all things dependent on its jurisdiction in criminal matters.

R. S. 1964, c. 20, s. 63; 1974, c. 11, s. 21; 1983, c. 54, s. 92.

73. Any clerk of the Superior Court, or any clerk of the Court of Québec, may be appointed clerk of the Crown.

No clerk of the Crown shall, while he remains such, practise as an advocate in Québec.

R. S. 1964, c. 20, s. 64; 1965 (1st sess.), c. 17, s. 2; 1983, c. 54, s. 93; 1988, c. 21, s. 29; 1992, c. 61, s. 616; 1995, c. 42, s. 47.

§ 3 . — Places of holding and Terms of the Court

74. The Superior Court, sitting as a criminal court of original jurisdiction, shall hold, in each district, at least three terms each year.

R. S. 1964, c. 20, s. 65; 1974, c. 11, s. 22; 1981, c. 14, s. 45.

75. The Chief Justice, the Senior Associate Chief Justice or, as the case may be, the Associate Chief Justice shall fix the dates on which these terms begin. The dates shall be posted in the office of the court of the district concerned.

R. S. 1964, c. 20, s. 66; 1981, c. 14, s. 46; 1986, c. 48, s. 3.

76. Such terms shall not be of fixed duration, but shall be held until the court declares the same closed, which shall not be done until the court is of opinion that there remains no trial, matter or proceeding to be had or done by or before it, which cannot conveniently remain over until the next term.

The court may, if it thinks fit, or if the attendance of the judge or judges holding the same is required at any other place or court, adjourn from day to day, or to any day before the first day of the next term.

R. S. 1964, c. 20, s. 67.

77. (Repealed).

R. S. 1964, c. 20, s. 68; 1974, c. 11, s. 23; 1981, c. 14, s. 47.

78. The judge who presides, in a district, at a term of the Superior Court, sitting as a criminal court of original jurisdiction, may, if the dispatch of business so requires, fix, for such district, an extraordinary term of the Court on the most appropriate date, having regard to the circumstances.

All provisions of law applicable to the ordinary criminal terms of the Superior Court shall apply to such extraordinary term.

R. S. 1964, c. 20, s. 69; 1972, c. 11, s. 6; 1974, c. 11, s. 24.

PART III COURT OF QUÉBEC

1988, c. 21, s. 30.

DIVISION I JURISDICTION, REGIONAL SECTIONS AND DIVISIONS OF THE COURT

1988, c. 21, s. 30.

79. The Court of Québec is a court of original jurisdiction in civil, criminal and penal matters and in youth matters.

The Court or the judges thereof shall also sit on administrative matters or on appeals in the cases provided for by law.

R. S. 1964, c. 20, s. 71; 1978, c. 19, s. 2; 1981, c. 14, s. 48; 1985, c. 29, s. 35; 1987, c. 92, s. 4; 1988, c. 21, s. 30.

80. The Court of Québec shall consist of three divisions, namely the Civil Division, the Criminal and Penal Division and the Youth Division.

R. S. 1964, c. 20, s. 72; 1965 (1st sess.), c. 17, s. 8; 1968, c. 15, s. 3; 1969, c. 19, s. 4; 1971, c. 14, s. 3; 1972, c. 11, s. 7; 1973, c. 13, s. 12; 1973, c. 39, s. 6; 1974, c. 11, s. 25; 1975, c. 10, s. 10; 1976, c. 8, s. 4; 1977, c. 17, s. 8; 1978, c. 19, s. 3; 1988, c. 21, s. 30; 1995, c. 42, s. 6; 1997, c. 43, s. 815.

81. In civil matters, the Court has jurisdiction within the limits provided for by law in respect of civil proceedings brought under the Code of Civil Procedure (chapter C-25) or under any other Act.

Such jurisdiction shall be exercised, in particular, by the judges assigned to the Civil Division.

1973, c. 13, s. 13; 1973, c. 14, s. 1; 1978, c. 19, s. 4; 1986, c. 95, s. 333; 1988, c. 21, s. 30.

81.1. (Replaced).

1978, c. 19, s. 4; 1988, c. 21, s. 30.

81.2. (Replaced).

1978, c. 19, s. 4; 1988, c. 21, s. 30.

81.3. (Replaced).

1978, c. 19, s. 4; 1988, c. 21, s. 30.

82. In criminal and penal matters, the Court has jurisdiction within the limits provided for by law in respect of proceedings brought under the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), the Code of Penal Procedure (chapter C-25.1) or any other Act.

Such jurisdiction shall be exercised, in particular, by the judges assigned to the Criminal and Penal Division.

R. S. 1964, c. 20, s. 73; 1965 (1st sess.), c. 16, s. 21; 1968, c. 15, s. 4; 1969, c. 18, s. 2; 1969, c. 19, s. 5; 1970, c. 10, s. 4; 1972, c. 11, s. 8; 1977, c. 5, s. 14; 1979, c. 71, s. 165; 1982, c. 32, s. 123; 1982, c. 18, s. 183; 1988, c. 21, s. 30; 1990, c. 4, s. 881.

83. In youth matters, the Court has jurisdiction within the limits provided for by law

(1)  to exercise the powers and functions of the Youth Court, in accordance with the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1);

(2)  in respect of youth protection, in accordance with the Youth Protection Act (chapter P-34.1);

(3)  in respect of proceedings brought under the Code of Penal Procedure (chapter C-25.1) where the defendant is under 18 years of age or was under 18 years of age at the time of the offence;

(4)  in respect of adoption.

Such jurisdiction shall be exercised, in particular, by the judges assigned to the Youth Division and shall be exclusive to the Court, except where otherwise provided by law.

R. S. 1964, c. 20, s. 74; 1965 (1st sess.), c. 17, s. 9; 1966-67, c. 18, s. 5; 1969, c. 19, s. 6; 1973, c. 14, s. 2; 1973, c. 14, s. 3; 1976, c. 8, s. 7; 1978, c. 19, s. 5; 1988, c. 21, s. 30; 1990, c. 4, s. 882.

84. The Court of Québec is a court of record.

R. S. 1964, c. 20, s. 75; 1969, c. 18, s. 3; 1978, c. 19, s. 6; 1988, c. 21, s. 30.

84.1. (Replaced).

1978, c. 19, s. 6; 1988, c. 21, s. 30.

84.2. (Replaced).

1978, c. 19, s. 6; 1988, c. 21, s. 30.

84.3. (Replaced).

1978, c. 19, s. 6; 1988, c. 21, s. 30.

84.4. (Replaced).

1978, c. 19, s. 6; 1988, c. 21, s. 30.

84.5. (Replaced).

1978, c. 19, s. 6; 1988, c. 21, s. 30.

84.6. (Replaced).

1978, c. 19, s. 6; 1988, c. 21, s. 30.

84.7. (Replaced).

1978, c. 19, s. 6; 1988, c. 21, s. 30.

84.8. (Replaced).

1978, c. 19, s. 6; 1988, c. 21, s. 30.

84.9. (Replaced).

1978, c. 19, s. 6; 1988, c. 21, s. 30.

84.10. (Replaced).

1978, c. 19, s. 6; 1988, c. 21, s. 30.

84.11. (Replaced).

1978, c. 19, s. 6; 1987, c. 50, s. 4; 1988, c. 21, s. 30.

84.12. (Replaced).

1986, c. 115, s. 1; 1988, c. 21, s. 30.

DIVISION II JUDGES OF THE COURT

1988, c. 21, s. 30.

§ 1 . — Constitution of the Court and appointment and removal of judges

1988, c. 21, s. 30.

85. The Court of Québec is composed of not more than 270 judges, including the chief judge, the senior associate chief judge and three associate chief judges.

R. S. 1964, c. 20, s. 76; 1965 (1st sess.), c. 16, s. 21; 1974, c. 11, s. 26; 1988, c. 21, s. 30; 1989, c. 71, s. 1; 1991, c. 18, s. 1; 1995, c. 42, s. 7; 1997, c. 76, s. 1.

86. The Government shall, by a commission under the Great Seal, appoint the judges during good behaviour. The notice of appointment of a judge shall determine, in particular, the judge’s place of residence.

R. S. 1964, c. 20, s. 77; 1965 (1st sess.), c. 17, s. 2; 1968, c. 9, s. 90; 1969, c. 19, s. 7; 1988, c. 21, s. 30; 1995, c. 42, s. 8.

87. The judges shall be appointed from among advocates having at least ten years’ practice.

The years during which a person acquired pertinent legal experience after obtaining a diploma of admission to the Barreau du Québec or a certificate of competence to practice the profession of advocate in Québec may be considered years of practice.

R. S. 1964, c. 20, s. 78; 1965 (1st sess.), c. 17, s. 2; 1978, c. 19, s. 7; 1988, c. 21, s. 30.

88. No person shall be appointed a judge unless he has been previously selected according to the procedure established by Government regulation for the selection of persons apt for appointment as judges. The Government may, in particular,

(1)  determine the procedure by which a person may become a candidate for the office of judge;

(2)  authorize the Minister of Justice to establish a selection committee to assess the competence of candidates for the office of judge and advise him in that respect;

(3)  fix the composition and mode of appointment of the members of the committee;

(4)  determine the criteria of selection that the committee is to consider;

(5)  determine the information that the committee may require from a candidate and the consultations it may make.

Members of the selection committee are not entitled to remuneration, except in such cases, under such conditions and to such extent as may be determined by the Government. Expenses incurred in the exercise of their functions shall however be reimbursed, subject to the conditions and to the extent determined by the Government.

R. S. 1964, c. 20, s. 79; 1988, c. 21, s. 30.

88.1. A municipal judge to whom the Act respecting municipal courts (chapter C-72.01) applies who has held office as chief judge of the municipal courts for seven years may, following the publication of a notice of vacancy on the Court of Québec or on the municipal court of Laval, Montréal or Québec, apply for the position. Where that is the case, the judge is deemed to be qualified for appointment as a judge of any such court. The qualification shall be effective until the judge concerned is appointed to any such court.

The Government shall consider any application submitted by that judge for any vacant position on any court, provided that, following the publication of a notice of vacancy, the judge shows an interest for the position within the time provided in the notice.

1998, c. 30, s. 36.

89. Before entering upon his duties of office, every judge shall make the oath or solemn affirmation prescribed in Schedule II before the chief judge, the senior associate chief judge or an associate chief judge.

R. S. 1964, c. 20, s. 80; 1988, c. 21, s. 30; 1995, c. 42, s. 9.

90. The Government shall, by a commission under the Great Seal, appoint from among the judges of the Court, the chief judge and, after consultation with the latter, the senior associate chief judge and an associate chief judge for each division of the Court.

The chief judge and the senior associate chief judge shall reside in the territory of Ville de Québec or in the immediate vicinity thereof, where they shall exercise their functions.

R. S. 1964, c. 20, s. 81; 1974, c. 11, s. 27; 1988, c. 21, s. 30; 1995, c. 42, s. 10.

91. The term of office of the chief judge, the senior associate chief judge or an associate chief judge is of seven years and cannot be renewed.

R. S. 1964, c. 20, s. 82; 1988, c. 21, s. 30; 1995, c. 42, s. 11.

92. Notwithstanding the expiry of his term, the chief judge, the senior associate chief judge or an associate chief judge shall remain in office until he is replaced.

In addition, a judge who has continued in office as chief judge or senior associate chief judge for at least seven years is entitled to a year’s leave of absence with salary to be devoted to studies, research or any other legal activity compatible with the judicial function.

R. S. 1964, c. 20, s. 83; 1983, c. 54, s. 94; 1988, c. 21, s. 30; 1995, c. 42, s. 12.

92.1. A judge who reaches 70 years of age shall cease to hold office.

However, if the Government deems that it serves the interests of justice, it may authorize a judge to continue, for the period it determines, to hold office after having reached that age.

1990, c. 44, s. 3.

93. At the request of the chief judge, the Government may, where it considers it in the best interest of justice, authorize, for the time it determines, a retired judge to exercise the judicial functions that the chief judge assigns to him.

R. S. 1964, c. 20, s. 84; 1988, c. 21, s. 30.

93.1. A judge suffering from a permanent disability which, in the opinion of the Government, prevents him from effectively performing the duties of his office shall cease to hold such office.

If the judge recovers, the Government may reappoint him as a judge of the court where he formerly held office without having recourse to the selection procedure prescribed by regulation under section 88, even if all the posts in that court are already filled.

The permanent disability is established, after inquiry, by the Conseil de la magistrature, at the request of the Minister of Justice. Termination of permanent disability is established in the same manner.

1990, c. 44, s. 4.

94. The Government may, in accordance with this subsection, appoint as many additional judges to the Court as there are judges who have been unable to exercise their functions for at least two years owing to disability within the meaning of the group insurance plans available to judges.

The number of judges who are not so unable to exercise their functions must never exceed the number indicated in section 85, except where a judge who has been so unable resumes his functions. In this latter case, the number of judges who are not so unable to exercise their functions must be reduced upon any vacancy among them.

R. S. 1964, c. 20, s. 85; 1983, c. 54, s. 95; 1988, c. 21, s. 30.

95. The Government may remove a judge only upon a report of the Court of Appeal made after inquiry at the request of the Minister of Justice.

R. S. 1964, c. 20, s. 86; 1988, c. 21, s. 30.

§ 2 . — Functions of the chief judge

1988, c. 21, s. 30.

96. The chief judge has the direction of the Court.

The functions of the chief judge shall be, in particular,

(1)  to ensure that the general policy of the Court in judicial matters is applied;

(2)  to coordinate, apportion and supervise the work of the judges and see to their complementary training; the judges must comply with his orders and directives;

(3)  to ensure that the judicial code of ethics is observed.

In cooperation with coordinating judges, the functions of the chief judge shall also be

(1)  to see to the allotment of cases and the scheduling of the sittings of the Court;

(2)  to determine the duties and functions of a judge who is required to exercise his jurisdiction over matters that are not within the jurisdiction of the division to which he is assigned.

R. S. 1964, c. 20, s. 87; 1988, c. 21, s. 30; 1995, c. 42, s. 13.

97. The senior associate chief judge shall assist and advise the chief judge in the exercise of his functions and shall exercise the functions of the chief judge under the authority of the latter.

The orders of the senior associate chief judge shall be executed in the same manner as those of the chief judge. The signature of the senior associate chief judge on a document shall have the same authority as that of the chief judge.

R. S. 1964, c. 20, s. 88; 1988, c. 21, s. 30; 1995, c. 42, s. 14.

98. The associate chief judges shall assist the chief judge and shall act as advisors on the matters within the jurisdiction of the division to which they belong.

The chief judge shall determine the other functions which the associate chief judges shall exercise.

R. S. 1964, c. 20, s. 89; 1978, c. 19, s. 8; 1988, c. 21, s. 30; 1995, c. 42, s. 15.

98.1. (Replaced).

1978, c. 19, s. 8; 1988, c. 21, s. 30.

99. Where the chief judge is absent or unable to act, the senior associate chief judge shall exercise the functions of the chief judge. He shall do so, notwithstanding the fact that his own term may have expired, until the chief judge resumes his functions or is replaced.

R. S. 1964, c. 20, s. 90; 1978, c. 19, s. 9; 1988, c. 21, s. 30; 1995, c. 42, s. 16.

100. Where the senior associate chief judge is absent or unable to act, the chief judge shall designate an associate chief judge to exercise the functions of the senior associate chief judge. The associate chief judge so designated shall exercise such functions, notwithstanding the fact that his own term may have expired, until the senior associate chief judge resumes his functions or is replaced.

R. S. 1964, c. 20, s. 91; 1965 (1st sess.), c. 17, s. 10; 1966, c. 7, s. 5; 1966-67, c. 18, s. 6; 1969, c. 19, s. 8; 1976, c. 8, s. 7; 1988, c. 21, s. 30; 1995, c. 42, s. 17.

Sections 100 to 108.2 in force on 30 August 1988 have been renumbered 246.3 to 246.14 (1988, c. 21, s. 30).

101. Where an associate chief judge is absent or unable to act, the chief judge shall designate a judge of the division concerned to exercise the functions of the associate chief judge until the latter resumes his functions or is replaced.

R. S. 1964, c. 20, s. 92; 1965 (1st sess.), c. 17, s. 11; 1969, c. 19, s. 9; 1974, c. 11, s. 28, s. 52; 1988, c. 21, s. 30; 1995, c. 42, s. 18.

102. (Repealed).

R. S. 1964, c. 20, s. 93; 1965 (1st sess.), c. 17, s. 12; 1966-67, c. 18, s. 7; 1969, c. 19, s. 10; 1976, c. 8, s. 7; 1988, c. 21, s. 30; 1995, c. 42, s. 19.

§ 3 . — Coordinating judges

1988, c. 21, s. 30.

103. The chief judge shall, with the approval of the Government, designate ten coordinating judges from among the judges of the Court.

In the same manner, the chief judge shall fix the term of office of every coordinating judge.

R. S. 1964, c. 20, s. 94; 1965 (1st sess.), c. 16, s. 21; 1965 (1st sess.), c. 17, s. 13; 1974, c. 11, s. 29; 1978, c. 19, s. 10; 1988, c. 21, s. 30; 1995, c. 42, s. 20.

103.1. (Section renumbered).

1978, c. 19, s. 11; 1988, c. 21, s. 30.

See section 246.7.

104. The term of office of a coordinating judge shall not exceed three years, but may be renewed.

A coordinating judge shall remain in office, notwithstanding the expiry of his term of office, until he is replaced or designated for another term.

R. S. 1964, c. 20, s. 95; 1988, c. 21, s. 30; 1995, c. 42, s. 21.

105. The coordinating judges shall advise the chief judge and assist him in his functions relating to

(1)  the allotment of cases and the scheduling of the sittings of the Court;

(2)  the duties and functions of judges.

The chief judge shall determine the other functions exercised by coordinating judges and the judicial districts under their responsibility.

R. S. 1964, c. 20, s. 96; 1977, c. 5, s. 14; 1988, c. 21, s. 30; 1995, c. 42, s. 22.

105.1. The coordinating judges shall submit to the chief judge, at least twice a year, a report of activities established on a monthly basis for each division and each judicial district and containing, in particular, the following particulars:

(1)  the number of days on which sittings were held and the average time devoted thereto;

(2)  the number of cases heard;

(3)  the backlog of cases.

1995, c. 42, s. 23.

105.2. The chief judge may, with the approval of the Government, designate a maximum of eight associate coordinating judges from among the judges of the Court, where circumstances so require.

In the same manner, the chief judge shall fix the term of office of each associate coordinating judge.

1995, c. 42, s. 23.

105.3. The term of office of an associate coordinating judge shall not exceed three years, but may be renewed.

An associate coordinating judge shall remain in office, notwithstanding the expiry of his term of office, until he is replaced or designated for another term.

1995, c. 42, s. 23.

105.4. The chief judge shall determine the functions exercised by the associate coordinating judges.

1995, c. 42, s. 23.

105.5. Where a coordinating judge or an associate coordinating judge is absent or unable to act, the chief judge shall designate a judge to exercise the functions of the coordinating judge or associate coordinating judge, as the case may be, until the latter resumes his functions or is replaced.

1995, c. 42, s. 23.

§ 4 . — Jurisdiction and assignment of judges

1988, c. 21, s. 30.

106. Every judge has jurisdiction throughout Québec over all matters under the jurisdiction of the Court, whatever the division to which he is assigned.

At the request of the chief judge, a judge shall exercise the jurisdiction of the Court in matters that are not within the jurisdiction of the division to which he is assigned.

R. S. 1964, c. 20, s. 97; 1965 (1st sess.), c. 17, s. 14; 1966-67, c. 18, s. 8; 1969, c. 19, s. 11; 1976, c. 8, s. 7; 1980, c. 11, s. 91; 1982, c. 17, s. 76; 1983, c. 54, s. 96; 1988, c. 21, s. 30; 1995, c. 42, s. 24.

107. The assignment of a judge to a division shall be determined by the chief judge.

R. S. 1964, c. 20, s. 98; 1965 (1st sess.), c. 17, s. 2; 1977, c. 20, s. 138; 1988, c. 21, s. 30; 1995, c. 42, s. 25.

108. Any modification to the notice of appointment of a judge concerning his place of residence shall be decided by the Government on the recommendation of the chief judge. The Government may make such a decision only if the period prescribed in section 112 for filing an appeal is expired or, where an appeal is filed, if the recommendation of the chief judge is confirmed.

R. S. 1964, c. 20, s. 100; 1965 (1st sess.), c. 17, s. 16; 1982, c. 17, s. 76; 1987, c. 50, s. 5; 1988, c. 21, s. 30; 1995, c. 42, s. 26.

108.1. (Section renumbered).

1978, c. 19, s. 12; 1988, c. 21, s. 30.

See section 246.13.

108.2. (Section renumbered).

1978, c. 19, s. 12; 1982, c. 17, s. 76; 1988, c. 21, s. 30.

See section 246.14.

108.3. (Replaced).

1978, c. 19, s. 12; 1988, c. 21, s. 30.

109. (Repealed).

R. S. 1964, c. 20, s. 101; 1965 (1st sess.), c. 17, s. 17; 1977, c. 20, s. 138; 1980, c. 11, s. 92; 1988, c. 21, s. 30; 1995, c. 42, s. 27.

110. No recommendation under section 108 may be made unless the judge concerned consents to such modification to his notice of appointment or unless the chief judge considers that the circumstances so require; in the latter case, the judge concerned must have been given the opportunity to present his views in that respect.

R. S. 1964, c. 20, s. 102; 1966-67, c. 18, s. 9; 1969, c. 19, s. 12; 1970, c. 10, s. 5; 1971, c. 14, s. 4; 1976, c. 8, s. 5; 1977, c. 5, s. 229; 1977, c. 20, s. 138; 1978, c. 19, s. 14; 1980, c. 11, s. 93; 1987, c. 92, s. 5; 1988, c. 21, s. 30; 1995, c. 42, s. 28.

111. The chief judge may, where the administration of justice so requires and after consultation with the associate chief judges concerned, assign a judge to another division after the judge concerned has been given the opportunity to present his views in that respect.

R. S. 1964, c. 20, s. 103; 1965 (1st sess.), c. 16, s. 21; 1965 (1st sess.), c. 17, s. 18; 1978, c. 19, s. 15; 1988, c. 21, s. 30; 1995, c. 42, s. 29.

112. The chief judge who makes a recommendation under section 108 or a decision respecting the permanent assignment of a judge to another division under section 111 shall notify the judge concerned. The latter may, within fifteen days, appeal to the Conseil de la magistrature which may confirm or quash the recommendation or the decision of the chief judge.

R. S. 1964, c. 20, s. 104; 1974, c. 11, s. 30; 1977, c. 20, s. 138; 1978, c. 19, s. 16; 1986, c. 95, s. 334; 1988, c. 21, s. 30.

113. The judge shall change his place of residence within one year after his notice of appointment is amended in that regard.

R. S. 1964, c. 20, s. 105; 1965 (1st sess.), c. 17, s. 19; 1966-67, c. 18, s. 10; 1968, c. 15, s. 5; 1969, c. 18, s. 4; 1969, c. 19, s. 13; 1973, c. 14, s. 4, s. 5; 1976, c. 8, s. 7; 1978, c. 19, s. 17; 1988, c. 21, s. 30; 1995, c. 42, s. 30.

114. The chief judge shall, each month, report to the Minister of Justice any decision made under section 107 or section 111.

R. S. 1964, c. 20, s. 106; 1966, c. 7, s. 6; 1969, c. 64, s. 45; 1977, c. 20, s. 140; 1982, c. 17, s. 77; 1984, c. 4, s. 82; 1988, c. 21, s. 30; 1995, c. 42, s. 31.

§ 5 . — Salary, allowances and social benefits

1988, c. 21, s. 30.

115. The Government shall fix, by order, the salary of the judges and the additional remuneration attached to the office of chief judge, senior associate chief judge, associate chief judge, coordinating judge or associate coordinating judge.

R. S. 1964, c. 20, s. 107; 1977, c. 20, s. 138; 1980, c. 11, s. 94; 1988, c. 21, s. 30; 1991, c. 41, s. 28; 1992, c. 39, s. 31; 1995, c. 42, s. 32; 1997, c. 84, s. 1.

115.1. (Replaced).

1978, c. 19, s. 18; 1980, c. 11, s. 90; 1988, c. 21, s. 30.

115.2. (Replaced).

1981, c. 14, s. 49; 1988, c. 21, s. 30.

116. A judge who has held the office of chief judge, senior associate chief judge or associate chief judge for at least seven years is entitled to receive, until his salary as a judge is equal to the amount of salary and additional remuneration he was receiving when he ceased to hold such office, the difference between that latter amount and his salary.

The same applies where the judge is appointed to the Municipal Court of Montréal, Laval or Québec.

R. S. 1964, c. 20, s. 108; 1965 (1st sess.), c. 17, s. 2, s. 20; 1977, c. 20, s. 141; 1978, c. 19, s. 19; 1988, c. 21, s. 30.

116.1. (Repealed).

1977, c. 20, s. 141; 1978, c. 19, s. 20; 1984, c. 4, s. 83.

117. Where an associate chief judge, a coordinating judge or an associate coordinating judge is absent or unable to act, the judge appointed to replace him is, for the period during which he holds that office, entitled to the additional remuneration attached to it. The same applies where a senior associate chief judge replaces the chief judge or where an associate chief judge replaces the senior associate chief judge.

R. S. 1964, c. 20, s. 109; 1977, c. 20, s. 142; 1980, c. 11, s. 95; 1988, c. 21, s. 30; 1995, c. 42, s. 33.

118. A retired judge authorized by the Government to exercise the judicial functions that the chief judge assigns to him is entitled to receive the salary of a judge, from which an amount equal to the amounts he receives as pension and, where that is the case, as supplementary benefits granted under the plan established pursuant to the second paragraph of section 122 shall be deducted.

R. S. 1964, c. 20, s. 110; 1977, c. 20, s. 138; 1983, c. 54, s. 97; 1988, c. 21, s. 30; 1991, c. 79, s. 1.

119. A judge who must travel in the performance of his duties is entitled to be paid, as an expense allowance, in addition to his actual travelling expenses, an indemnity the amount and the terms and conditions of payment of which shall be determined by order of the Government.

R. S. 1964, c. 20, s. 111; 1977, c. 20, s. 138; 1988, c. 21, s. 30.

120. A judge who, pursuant to section 113, changes his place of residence within the prescribed time is entitled to be paid, as a moving allowance, an indemnity the amount and the terms and conditions of payment of which shall be determined by order of the Government.

R. S. 1964, c. 20, s. 112; 1965 (1st sess.), c. 14, s. 81; 1977, c. 20, s. 143; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1988, c. 21, s. 30; 1995, c. 42, s. 34.

121. The Government may, by order, establish the amount and nature of the expenses that may be incurred by a judge in the performance of his duties and for which he may be reimbursed.

The amount may vary according as the judge is the chief judge, the senior associate chief judge, an associate chief judge, a coordinating judge, an associate coordinating judge or any other judge of the Court.

R. S. 1964, c. 20, s. 113; 1977, c. 20, s. 138; 1983, c. 54, s. 98; 1988, c. 21, s. 30; 1995, c. 42, s. 35.

121.1. (Replaced).

1977, c. 20, s. 144; 1988, c. 21, s. 30.

122. The Government may, by order, establish social benefits other than the pension plan to which the judges are entitled and fix their contributions.

It may also establish, in respect of judges to whom the pension plan established under Part VI applies, a plan providing for supplementary benefits payable from the date on which benefits become payable under the pension plan. The Government may include in that plan provisions concerning the payment of benefits to the spouse and children of a judge.

For the purpose of computing benefits under the supplementary benefits plan, the years of service taken into consideration shall be the same as those taken into consideration for the purpose of computing the pension payable under the pension plan. The annual benefits to which a judge is entitled under the supplementary benefits plan shall not, on the date they become payable, be greater than the amount by which the highest annual salary received by the judge while in office exceeds the annual benefits payable on the same date under the pension plan. Computation of the benefits payable to the spouse and children of a judge shall also take into consideration such maximum amount.

To determine the highest annual salary, the annual salaries which are taken into consideration are those fixed by orders made under section 115. However, the additional remuneration paid to a chief judge, senior associate chief judge, associate chief judge, coordinating judge or associate coordinating judge, and any other remuneration paid to a judge on leave without pay or a judge to whom sections 131 to 134 apply, shall be excluded from those salaries.

The sums paid under the plan shall be inalienable and unseizable. However, they shall be unseizable only up to 50 % in the case of the partition of the family patrimony between the spouses, the payment of support or the payment of a compensatory allowance.

R. S. 1964, c. 20, s. 114; 1977, c. 20, s. 138; 1983, c. 54, s. 99; 1988, c. 21, s. 30; 1990, c. 44, s. 5; 1991, c. 79, s. 2; 1992, c. 67, s. 94; 1995, c. 42, s. 36.

122.1. Benefits accumulated during the marriage under the supplementary benefits plan established under the second paragraph of section 122 shall form part of the family patrimony established under the Civil Code (Statutes of Québec, 1991, chapter 64). In that respect, the Government may render all or some of the rules contained in or enacted pursuant to Part VI.2 applicable to the plan. It may also enact special rules concerning the determination and evaluation of the supplementary benefits so granted.

1991, c. 79, s. 3.

122.2. The Commission administrative des régimes de retraite et d’assurances is responsible for the administration of the supplementary benefits plan established under the second paragraph of section 122.

If a difficulty arises in the application of a provision of that plan, the dispute may be submitted, within the year, to an arbitrator. For that purpose, section 245 shall apply.

1991, c. 79, s. 3.

122.3. At least once every three years, the Commission shall cause an actuarial valuation of the supplementary benefits plan established under the second paragraph of section 122 to be prepared for the Minister of Justice by the actuaries it designates.

The cost of the plan shall be borne, in respect of judges of the Court of Québec, by the Government and, in respect of judges of the Municipal Courts to whom the plan provided for in Part VI applies, by each municipality, respectively.

The Government shall determine, by order, at intervals of not less than three years, the rate of contribution of the municipalities to the plan, which shall be based on the result of the last actuarial valuation of the plan.

Each municipality shall pay its contribution according to the rules, terms and conditions determined by the order establishing the plan; such rules, terms and conditions may fix the interest payable on late payments.

1991, c. 79, s. 3.

122.4. No order referred to in any of sections 115 to 122.2 may be made by the Government unless the prescriptions of Part VI.4 have been complied with.

1997, c. 84, s. 2.

123. Any order made pursuant to sections 115 to 122.3 comes into force on the date of its publication in the Gazette officielle du Québec or on any earlier or later date fixed therein.

R. S. 1964, c. 20, s. 115; 1977, c. 20, s. 138; 1988, c. 21, s. 30; 1991, c. 79, s. 4.

124. (Repealed).

R. S. 1964, c. 20, s. 116; 1965 (1st sess.), c. 17, s. 21; 1978, c. 19, s. 21; 1988, c. 21, s. 30; 1991, c. 41, s. 29; 1992, c. 39, s. 32; 1997, c. 84, s. 3.

125. (Repealed).

R. S. 1964, c. 20, s. 117; 1965 (1st sess.), c. 17, s. 22; 1966, c. 7, s. 7; 1966-67, c. 18, s. 11; 1968, c. 15, s. 6; 1969, c. 19, s. 14; 1970, c. 10, s. 6; 1971, c. 14, s. 5; 1972, c. 11, s. 9; 1973, c. 13, s. 14; 1973, c. 39, s. 7; 1974, c. 11, s. 31; 1975, c. 10, s. 11; 1975, c. 45, s. 41; 1976, c. 8, s. 6; 1978, c. 19, s. 23; 1979, c. 37, s. 38; 1985, c. 29, s. 36; 1987, c. 92, s. 6; 1988, c. 21, s. 30; 1997, c. 84, s. 3.

126. (Repealed).

R. S. 1964, c. 20, s. 118; 1965 (1st sess.), c. 17, s. 2; 1974, c. 11, s. 32; 1978, c. 19, s. 24; 1986, c. 95, s. 335; 1988, c. 21, s. 30; 1997, c. 84, s. 3.

126.1. (Replaced).

1980, c. 11, s. 96; 1982, c. 32, s. 124; 1984, c. 46, s. 35; 1988, c. 21, s. 30.

127. The sums required for the carrying out of this subdivision are taken out of the consolidated revenue fund.

The contributions paid by the municipalities to the supplementary benefits plan established under the second paragraph of section 122 shall be paid into the consolidated revenue fund.

R. S. 1964, c. 20, s. 119; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 30; 1991, c. 79, s. 5.

§ 6 . — Judicial office

1988, c. 21, s. 30.

128. The judges are ex officio justices of the peace for the whole of Québec and have all the rights and powers of two justices of the peace for the purposes of the Acts of the Parliament of Canada which require that competence.

R. S. 1964, c. 20, s. 120; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 30; 1990, c. 4, s. 883.

129. Subject to the provisions of this subdivision, the office of judge shall be exclusive.

The office of judge is incompatible, in particular, with the office of director or manager of a legal person or any other constituted body, or with the conduct, even indirect, of commercial activities.

R. S. 1964, c. 20, s. 121; 1965 (1st sess.), c. 17, s. 2; 1978, c. 19, s. 25; 1988, c. 21, s. 30.

130. A judge may, after consultation with the chief judge and with prior authorization of the Minister of Justice, exercise the functions of arbitrator or be a member of an organization performing such functions. In this event, the judge is entitled only to his salary as a judge and to the expense allowance fixed pursuant to this Act.

R. S. 1964, c. 20, s. 122; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 30.

131. A judge may, after consultation with the chief judge and the Minister of Justice, be appointed by the Minister of Public Security to exercise the functions of part-time coroner in accordance with section 7 of the Act respecting the determination of the causes and circumstances of death (chapter R-0.2). In this event, the judge is entitled only to his salary as a judge and to the expense allowance fixed pursuant to this Act, and the oath made pursuant to this Act is valid for the exercise of his functions as part-time coroner.

R. S. 1964, c. 20, s. 123; 1965 (1st sess.), c. 17, s. 2, s. 23; 1966-67, c. 18, s. 12; 1969, c. 19, s. 15; 1973, c. 14, s. 6, s. 7; 1976, c. 8, s. 7; 1978, c. 19, s. 26; 1988, c. 21, s. 30; 1989, c. 45, s. 5.

132. A judge may carry out any mandate entrusted to him by order of the Government, after consultation with the chief judge. In this event, he is entitled to the additional salary or to such fees as may be fixed by the Government.

R. S. 1964, c. 20, s. 124; 1965 (1st sess.), c. 17, s. 24; 1969, c. 19, s. 16; 1970, c. 9, s. 2; 1988, c. 21, s. 30.

133. A judge may carry out any mandate entrusted to him by the Governor General in Council, with prior authorization of the Government. In this event, he is entitled to the salary or fees fixed by the Governor General in Council, with the consent of the Government.

R. S. 1964, c. 20, s. 125; 1965 (1st sess.), c. 17, s. 2, s. 25; 1968, c. 15, s. 7; 1969, c. 18, s. 5; 1969, c. 19, s. 17; 1972, c. 55, s. 184; 1972, c. 5, s. 3; 1977, c. 11, s. 132; 1978, c. 19, s. 27; 1980, c. 11, s. 97; 1981, c. 7, s. 552; 1982, c. 62, s. 166; 1984, c. 51, s. 561; 1988, c. 21, s. 30.

134. A judge may, with the written consent of the chief judge, engage in teaching activities for which he may be remunerated.

R. S. 1964, c. 20, s. 126; 1965 (1st sess.), c. 17, s. 2, s. 26; 1969, c. 19, s. 18; 1975, c. 7, s. 21; 1988, c. 21, s. 30.

134.1. (Replaced).

1981, c. 14, s. 50; 1988, c. 21, s. 30.

DIVISION III COURT PROCEEDINGS

1988, c. 21, s. 30.

§ 1 . — Sittings of the Court

1988, c. 21, s. 30.

135. The sittings of a division of the Court shall be presided by one judge, except where otherwise provided by law.

R. S. 1964, c. 20, s. 127; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 30.

135.1. (Replaced).

1978, c. 19, s. 28; 1988, c. 21, s. 30.

135.2. (Replaced).

1978, c. 19, s. 28; 1988, c. 21, s. 30.

136. The Court may sit on any juridical day in the year.

R. S. 1964, c. 20, s. 128; 1965 (1st sess.), c. 16, s. 21; 1965 (1st sess.), c. 17, s. 2, s. 27; 1986, c. 86, s. 36; 1988, c. 21, s. 30.

137. In cooperation with the coordinating judges, the chief judge shall fix the dates of the sittings of the Court for each division and in each judicial district.

R. S. 1964, c. 20, s. 129; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 30; 1995, c. 42, s. 37.

138. The Court shall sit at the chief-place of the judicial district, at the place fixed by order of the Minister of Justice.

The Minister of Justice may, by order, direct, for each judicial district, that, in addition to the chief-place of the judicial district, the Court shall sit at such place as he may determine. Notice of such order shall be published in the Gazette officielle du Québec.

R. S. 1964, c. 20, s. 130; 1988, c. 21, s. 30.

§ 2 . — Officers of the Court

1988, c. 21, s. 30.

139. The clerks and deputy clerks of the Court shall be selected from among the persons appointed in accordance with the Public Service Act (chapter F-3.1.1).

R. S. 1964, c. 20, s. 131; 1965 (1st sess.), c. 17, s. 2; 1974, c. 13, s. 36; 1988, c. 21, s. 30.

140. A clerk may designate, from among his personnel, those persons who may perform certain acts in his stead or in the stead of the deputy clerk, provided such acts do not require the exercise of judicial or discretionary power.

R. S. 1964, c. 20, s. 132; 1965 (1st sess.), c. 16, s. 21; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 30.

141. The clerk is the custodian of the records. He shall report on the proceedings taken and information received in the discharge of his administrative duties whenever required so to do by the Minister of Justice, by the chief judge or by the senior associate chief judge.

R. S. 1964, c. 20, s. 133; 1965 (1st sess.), c. 17, s. 2; 1986, c. 95, s. 336; 1988, c. 21, s. 30; 1995, c. 42, s. 38.

142. The clerk may, where there is no judge present or able to act, record the appearance or default of any party or witness summoned to appear and adjourn the sitting to another day of session or to any later date fixed by the judge. When exercising such duties in criminal or penal matters, the clerk is deemed to be a justice of the peace.

R. S. 1964, c. 20, s. 134; 1965 (1st sess.), c. 16, s. 21; 1965 (1st sess.), c. 17, s. 2; 1978, c. 19, s. 29; 1988, c. 21, s. 30.

143. Sheriffs are also officers of the Court.

R. S. 1964, c. 20, s. 135; 1965 (1st sess.), c. 16, s. 21; 1965 (1st sess.), c. 17, s. 2; 1978, c. 19, s. 29; 1988, c. 21, s. 30.

144. Constables in office in the judicial district where the sittings of the Court are held are officers of that Court.

R. S. 1964, c. 20, s. 136; 1965 (1st sess.), c. 16, s. 21; 1978, c. 19, s. 29; 1988, c. 21, s. 30.

145. Every bailiff shall, where so required by a judge, act as constable without special appointment for such purpose.

R. S. 1964, c. 20, s. 137; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 30.

§ 3 . — Rules of practice

1988, c. 21, s. 30.

146. A majority of the judges of a division of the Court may, at a meeting convened for that purpose by the chief judge or by way of a consultation held at his request by certified or registered mail, adopt for one or more judicial districts, such rules of practice as are necessary for the exercise of the jurisdiction of the division.

In the same manner, a majority of the judges of a division appointed for the district of Montréal or for the district of Québec may, at a meeting convened for that purpose by the chief judge or by means of a consultation held at his request by certified or registered mail, amend or replace such rules by special rules applicable in their respective district only.

R. S. 1964, c. 20, s. 138; 1988, c. 21, s. 30; 1995, c. 42, s. 39.

147. The rules of practice shall be submitted to the Government for approval and come into force fifteen days after the date of their publication in the Gazette officielle du Québec.

Immediately after such publication, the rules must be entered in the registers kept for that purpose by the clerks, and notice thereof must be posted in the office of the court in each of the districts where they apply.

R. S. 1964, c. 20, s. 139; 1965 (1st sess.), c. 17, s. 28; 1966, c. 7, s. 8; 1983, c. 54, s. 100; 1988, c. 21, s. 30.

148. (Replaced).

R. S. 1964, c. 20, s. 140; 1965 (1st sess.), c. 17, s. 28; 1965 (1st sess.), c. 80, a. 1; 1978, c. 19, s. 30; 1988, c. 21, s. 30.

149. (Replaced).

R. S. 1964, c. 20, s. 141; 1965 (1st sess.), c. 17, s. 28; 1974, c. 13, s. 36; 1988, c. 21, s. 30.

150. (Replaced).

R. S. 1964, c. 20, s. 148; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 30.

151. (Replaced).

R. S. 1964, c. 20, s. 149; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 30.

152. (Replaced).

R. S. 1964, c. 20, s. 151; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 30.

152.1. (Replaced).

1986, c. 61, s. 45; 1988, c. 21, s. 30.

152.2. (Replaced).

1986, c. 61, s. 45; 1988, c. 21, s. 30.

152.3. (Replaced).

1986, c. 61, s. 45; 1988, c. 21, s. 30.

152.4. (Replaced).

1986, c. 61, s. 45; 1988, c. 21, s. 30.

152.5. (Replaced).

1986, c. 61, s. 45; 1988, c. 21, s. 30.

152.6. (Replaced).

1986, c. 61, s. 45; 1988, c. 21, s. 30.

152.7. (Replaced).

1986, c. 61, s. 45; 1988, c. 21, s. 30.

152.8. (Replaced).

1986, c. 61, s. 45; 1988, c. 21, s. 30.

152.9. (Replaced).

1986, c. 61, s. 45; 1988, c. 21, s. 30.

152.10. (Replaced).

1986, c. 61, s. 45; 1988, c. 21, s. 30.

152.11. (Replaced).

1986, c. 61, s. 45; 1988, c. 21, s. 30.

152.12. (Replaced).

1986, c. 61, s. 45; 1988, c. 21, s. 30.

153. (Replaced).

R. S. 1964, c. 20, s. 152; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 30.

154. (Replaced).

R. S. 1964, c. 20, s. 153; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 30.

155. (Replaced).

R. S. 1964, c. 20, s. 154; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 30.

156. (Replaced).

R. S. 1964, c. 20, s. 155; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 30.

157. (Replaced).

R. S. 1964, c. 20, s. 156; 1988, c. 21, s. 30.

PART III.1 JUSTICES OF THE PEACE

1978, c. 19, s. 31; 1988, c. 21, s. 36; 1992, c. 61, s. 617.

158. The Minister of Justice may, by order, appoint justices of the peace whose jurisdiction shall extend over the whole of Québec or over such districts as he indicates.

The jurisdiction of a justice of the peace may be limited to the purposes defined in the order.

R. S. 1964, c. 20, s. 168; 1992, c. 61, s. 617.

159. The oaths of allegiance and of office must be taken by a justice of the peace within six months after his appointment, failing which his appointment is considered to be cancelled.

R. S. 1964, c. 20, s. 169; 1992, c. 61, s. 617.

160. A justice of the peace who has taken the oaths of allegiance and of office must forthwith deposit, in the office of the Court of Québec for the district, a certificate attesting that the oaths have been taken. The certificate shall form part of the records of that office.

R. S. 1964, c. 20, s. 170; 1975, c. 7, s. 22; 1992, c. 61, s. 617.

161. Every justice of the peace appointed with unlimited jurisdiction under section 158 is vested with all the rights and powers of one or more justices of the peace, as the case may be, and is subject to the laws respecting the duties of justices of the peace, in so far as they apply to him.

R. S. 1964, c. 20, s. 171; 1992, c. 61, s. 617.

162. Section 95 and the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) apply to a justice of the peace appointed under section 158, provided that the deed of appointment indicates clearly that this section is applicable to him. Section 4 of the said Act shall then cease to apply to him.

R. S. 1964, c. 20, s. 172; 1969, c. 26, s. 115; 1992, c. 61, s. 617.

163. The Government fixes the salary of a justice of the peace to whom section 162 applies.

R. S. 1964, c. 20, s. 173; 1990, c. 4, s. 884; 1992, c. 61, s. 617.

164. The clerk of the Court of Québec is ex officio the clerk of the justices of the peace and each of his deputies is competent to act as such.

In a local municipal territory served by a municipal court, the clerk of the municipal court is ex officio the clerk of the justices of the peace and each of his deputies is competent to act as such.

In the other local municipal territories, the clerk or the secretary-treasurer of the municipality is ex officio the clerk of the justices of the peace, unless another clerk of the justices of the peace has been appointed for the territory of that municipality. In such territories, the assistant clerk or the assistant secretary-treasurer, as the case may be, is competent to act.

In territories that are not organized, a justice of the peace may personally select a clerk and is required to inform the clerk of the Court of Québec of the chief-place of the judicial district comprising such territory of the name and address of the selected clerk.

Where, for any reason whatever, the clerk or a person authorized to replace the clerk is unable to act or refuses to act, the justice of the peace may appoint a clerk for the purposes of the cases he has to dispose of at that time. The clerk of the Court of Québec shall be informed without delay of such an appointment.

R. S. 1964, c. 20, s. 174; 1990, c. 4, s. 885; 1992, c. 61, s. 617; 1996, c. 2, s. 982.

165. (Replaced).

R. S. 1964, c. 20, s. 175; 1990, c. 4, s. 886; 1992, c. 61, s. 617.

166. (Replaced).

R. S. 1964, c. 20, s. 176; 1992, c. 61, s. 617.

167. (Replaced).

R. S. 1964, c. 20, s. 177; 1992, c. 61, s. 617.

168. (Replaced).

R. S. 1964, c. 20, s. 178; 1992, c. 61, s. 617.

169. (Replaced).

R. S. 1964, c. 20, s. 179; 1990, c. 4, s. 887; 1992, c. 61, s. 617.

170. (Repealed).

R. S. 1964, c. 20, s. 180; 1990, c. 4, s. 888.

171. (Repealed).

R. S. 1964, c. 20, s. 181; 1990, c. 4, s. 888.

172. (Replaced).

R. S. 1964, c. 20, s. 182; 1990, c. 4, s. 889; 1992, c. 61, s. 617.

173. (Replaced).

R. S. 1964, c. 20, s. 183; 1965 (1st sess.), c. 16, s. 21; 1968, c. 9, s. 75; 1977, c. 5, s. 14; 1992, c. 61, s. 617.

Not in force

174. A telephone appearance service under the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) must be provided without interruption on weekends, holidays and on weekdays outside business hours.

This service shall be provided, in particular, by presiding justices of the peace.

R. S. 1964, c. 20, s. 184; 1983, c. 41, s. 211; 1992, c. 61, s. 617; 2004, c. 12, s. 1.

175. (Repealed).

R. S. 1964, c. 20, s. 185; 1990, c. 4, s. 890.

176. (Replaced).

R. S. 1964, c. 20, s. 186; 1983, c. 54, s. 101; 1992, c. 61, s. 617.

177. (Replaced).

R. S. 1964, c. 20, s. 187; 1983, c. 54, s. 102; 1992, c. 61, s. 617.

178. (Replaced).

R. S. 1964, c. 20, s. 188; 1983, c. 54, s. 103; 1992, c. 61, s. 617.

179. (Replaced).

R. S. 1964, c. 20, s. 189; 1975, c. 7, s. 23; 1983, c. 54, s. 104; 1992, c. 61, s. 617.

180. (Replaced).

R. S. 1964, c. 20, s. 190; 1992, c. 61, s. 617.

181. (Replaced).

R. S. 1964, c. 20, s. 191; 1985, c. 29, s. 37; 1992, c. 61, s. 617.

182. (Replaced).

R. S. 1964, c. 20, s. 192; 1969, c. 21, s. 35; 1992, c. 61, s. 617.

183. (Replaced).

R. S. 1964, c. 20, s. 193; 1969, c. 21, s. 35; 1992, c. 61, s. 617.

184. (Replaced).

R. S. 1964, c. 20, s. 194; 1969, c. 21, s. 35; 1992, c. 61, s. 617.

185. (Replaced).

R. S. 1964, c. 20, s. 195; 1969, c. 21, s. 35; 1992, c. 61, s. 617.

186. (Replaced).

R. S. 1964, c. 20, s. 196; 1983, c. 54, s. 105; 1992, c. 61, s. 617.

187. (Replaced).

R. S. 1964, c. 20, s. 197; 1992, c. 61, s. 617.

188. (Replaced).

R. S. 1964, c. 20, s. 198; 1992, c. 61, s. 617.

189. (Replaced).

1974, c. 11, s. 33; 1988, c. 21, s. 42; 1992, c. 61, s. 617.

189.1. (Replaced).

1978, c. 19, s. 32; 1992, c. 61, s. 617.

190. (Repealed).

R. S. 1964, c. 20, s. 199; 1969, c. 21, s. 35; 1990, c. 4, s. 891.

191. (Repealed).

R. S. 1964, c. 20, s. 200; 1990, c. 4, s. 891.

192. (Repealed).

R. S. 1964, c. 20, s. 201; 1990, c. 4, s. 891.

193. (Replaced).

R. S. 1964, c. 20, s. 202; 1992, c. 61, s. 617.

194. (Replaced).

R. S. 1964, c. 20, s. 203; 1988, c. 21, s. 45; 1990, c. 4, s. 892; 1992, c. 61, s. 617.

195. (Replaced).

R. S. 1964, c. 20, s. 204; 1965 (1st sess.), c. 17, s. 2; 1983, c. 54, s. 106; 1988, c. 21, s. 46; 1989, c. 52, s. 137; 1992, c. 61, s. 617.

196. (Replaced).

R. S. 1964, c. 20, s. 205; 1965 (1st sess.), c. 16, s. 21; 1992, c. 61, s. 617.

197. (Replaced).

R. S. 1964, c. 20, s. 206; 1965 (1st sess.), c. 16, s. 21; 1990, c. 4, s. 893; 1992, c. 61, s. 617.

198. (Replaced).

R. S. 1964, c. 20, s. 207; 1992, c. 61, s. 617.

199. (Replaced).

R. S. 1964, c. 20, s. 208; 1992, c. 61, s. 617.

200. (Replaced).

R. S. 1964, c. 20, s. 209; 1965 (1st sess.), c. 16, s. 21; 1992, c. 61, s. 617.

201. (Replaced).

R. S. 1964, c. 20, s. 210; 1965 (1st sess.), c. 16, s. 21; 1992, c. 61, s. 617.

202. (Repealed).

R. S. 1964, c. 20, s. 211; 1979, c. 43, s. 8.

203. (Replaced).

R. S. 1964, c. 20, s. 212; 1965 (1st sess.), c. 16, s. 21; 1992, c. 61, s. 617.

204. (Replaced).

R. S. 1964, c. 20, s. 213; 1965 (1st sess.), c. 16, s. 21; 1992, c. 61, s. 617.

205. (Replaced).

R. S. 1964, c. 20, s. 214; 1992, c. 61, s. 617.

206. (Replaced).

R. S. 1964, c. 20, s. 215; 1975, c. 83, s. 84; 1990, c. 4, s. 894; 1992, c. 61, s. 617.

207. (Replaced).

R. S. 1964, c. 20, s. 216; 1992, c. 61, s. 617.

208. (Replaced).

R. S. 1964, c. 20, s. 217; 1992, c. 61, s. 617.

209. (Replaced).

R. S. 1964, c. 20, s. 218; 1974, c. 13, s. 36; 1992, c. 61, s. 617.

210. (Replaced).

R. S. 1964, c. 20, s. 219; 1992, c. 61, s. 617.

211. (Replaced).

R. S. 1964, c. 20, s. 220; 1990, c. 4, s. 895; 1992, c. 61, s. 617.

212. (Replaced).

R. S. 1964, c. 20, s. 221; 1990, c. 4, s. 896; 1992, c. 61, s. 617.

213. (Replaced).

R. S. 1964, c. 20, s. 222; 1969, c. 21, s. 35; 1992, c. 61, s. 617.

PART IV COMMISSIONERS FOR OATHS

214. The Minister of Justice may appoint, by commission under his seal, as many persons as he deems necessary to administer oaths throughout Québec or in any judicial district which he shall indicate.

A person so appointed may, if the commission provides therefor, administer oaths outside Québec.

A commissioner appointed under this section shall bear the title of “Commissioner for Oaths for the Judicial District of...(or, as the case may be, the Judicial District of...and for outside Québec)”, or of “Commissioner for Oaths for all the Judicial Districts of Québec (or, as the case may be, all the Judicial Districts of Québec and for outside Québec)”.

1965 (1st sess.), c. 17, s. 30; 1969, c. 19, s. 19; 1981, c. 23, s. 53.

215. The Minister of Justice may also appoint, by commission under his seal, such persons as he deems competent and who reside in another province of Canada, in a Canadian territory or in another country, as commissioners to administer oaths therein for the purposes of proceedings in a court of this Province or of any deed or document to be implemented or to have legal effect in this Province.

A person so appointed may, if the commission provides therefor, also administer oaths elsewhere than his place of residence and for other purposes than those contemplated in the first paragraph.

A commissioner appointed under this section shall bear the title of “Commissioner for Oaths for the Province of Québec”.

1965 (1st sess.), c. 17, s. 30; 1981, c. 23, s. 54.

216. The commissions contemplated in sections 214 and 215 shall be issued for such time only and for such fees as are determined by regulation of the Government published in the Gazette officielle du Québec.

1965 (1st sess.), c. 17, s. 30.

217. The Minister of Justice shall keep a register of the commissioners appointed under each of sections 214 and 215.

1965 (1st sess.), c. 17, s. 30; 1988, c. 62, s. 1.

218. Commissioners appointed under section 214 or 215 may administer oaths or receive solemn affirmations in any case where an oath or solemn affirmation is required or permitted by the laws of Québec and they may, in particular, administer oaths or receive solemn affirmations in any case where a justice of the peace may do so.

Any affidavit or solemn affirmation taken by such a commissioner shall have the same force as if it had been taken in open court.

Nevertheless, such commissioners shall not administer an oath of office or receive a solemn affirmation in lieu thereof, save in cases where the law permits such oath to be taken before a commissioner of the Superior Court or a justice of the peace.

1965 (1st sess.), c. 17, s. 30.

219. The following are authorized to administer the same oath or receive the same solemn affirmation as a commissioner appointed under section 214:

(a)  The Secretary General, the associate secretaries general and the associate secretaries of the National Assembly, throughout Québec;

(b)  the clerk of a court of justice and his deputy, over the territory of the judicial district for which they are appointed;

(c)  the mayor, the councillors, the clerk or secretary-treasurer of a municipality, over the territory of the municipality, including, for the purposes of this section, the office of the municipality situated, according to law, outside the said territory;

(d)  the pastor or minister of religion authorized to solemnize marriages in an unorganized territory, over that territory;

(e)  advocates entered on the roll of the Ordre du Barreau, throughout Québec;

(f)  notaries entered on the roll of the Ordre de la Chambre des notaires, throughout Québec;

(g)  justices of the peace, throughout Québec.

Any commissioned officer of the Canadian Armed Forces who holds the rank of major or an equivalent or higher rank is authorized to administer to or receive of any person enrolled in the Canadian Armed Forces the same oath or solemn affirmation as a commissioner appointed under section 214.

1965 (1st sess.), c. 17, s. 30; 1966-67, c. 18, s. 13; 1988, c. 62, s. 2; 1992, c. 61, s. 618; 1992, c. 57, s. 706; 1995, c. 42, s. 40.

220. The same force and effect as a deposition under oath before a commissioner appointed under section 215 shall be given to an affidavit or solemn affirmation made:

(a)  before a head of post, delegate or delegate-general of Québec;

(b)  before a notary public under his hand and official seal;

(c)  before the mayor or chief magistrate of any city, town or borough under the seal of such city, town or borough;

(d)  before a judge of a superior court in any province of Canada, or in any other British territory; or

(e)  before any consul, vice-consul, temporary consul, pro-consul or consular agent of Canada or of Her Majesty, exercising his functions in a foreign country.

The same shall apply to a deposition under the oath or solemn affirmation of a person enrolled in the Canadian Armed Forces administered or received by a commissioned officer of the Canadian Armed Forces who holds the rank of major or an equivalent or higher rank.

1965 (1st sess.), c. 17, s. 30; 1966-67, c. 18, s. 14; 1981, c. 14, s. 51.

221. Commissioners appointed under sections 214 and 215 and persons mentioned in sections 219 and 220 cannot receive the affidavit or solemn affirmation of their father and mother, their brothers and sisters, their spouse and their children, or that of any party whom they represent in any suit or non contentious proceeding, with the exception, as to notaries, of the cases where they are authorized by law to do so.

1965 (1st sess.), c. 17, s. 30; 1988, c. 62, s. 3.

222. No commissioner appointed under section 214 or 215 or person mentioned in section 219 or 220 shall require a fee of more than $5 for administering or receiving an oath or solemn affirmation.

1966-67, c. 18, s. 15; 1988, c. 62, s. 4.

223. Every peace officer shall be competent to administer the oath or to receive the solemn affirmation proving the issue of a summons to appear under the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46).

Such person shall not require a fee for receiving such deposition.

1972, c. 11, s. 10.

PART V OTHER JUDICIAL SERVICES

1992, c. 61, s. 619.

CHAPTER I REGISTERS

1992, c. 61, s. 619.

223.1. The clerk of a court or of a justice of the peace must enter in a register all proceedings executed by or brought before a judge or the justice of the peace in both criminal and penal matters.

If the clerk is absent, the judge or justice who executes such a proceeding must see that it is entered in the register.

If the proceeding comes under the jurisdiction of two justices of the peace, the senior justice of the peace shall see that the clerk enters the proceeding in the register.

1992, c. 61, s. 619.

223.2. Separate registers shall be kept for criminal and penal matters. The Minister of Justice shall prescribe the content thereof.

1992, c. 61, s. 619.

223.3. The clerk of a court or of a justice of the peace and the prosecutor referred to in paragraph 2 of article 9 of the Code of Penal Procedure (chapter C-25.1) shall keep books of account and make the returns required by law and by the Minister of Justice in respect of the records of penal and criminal proceedings.

1992, c. 61, s. 619.

223.4. In addition, the clerk or the prosecutor referred to in paragraph 2 of article 9 of the Code of Penal Procedure (chapter C-25.1) shall, at the request of a person mandated by the Government or by the Minister of Justice, furnish, for examination and inspection by that person, all registers, books of account, records, vouchers and documents connected with the administration of his office or the records of proceedings.

1992, c. 61, s. 619.

223.5. The Minister may, by order

(1)  determine the manner in which the books of account are to be kept;

(2)  determine the manner in which fines are to be accounted for by the clerk or, in penal matters, the collector;

(3)  permit, if he considers it more advantageous, a rendering of accounts, with global payment, at fixed dates;

(4)  ensure the carrying out of this Part.

1992, c. 61, s. 619.

223.6. The Minister of Justice is authorized to supply the registers which must be kept by the clerks or the prosecutors and the forms for the returns they are required to make.

1992, c. 61, s. 619.

CHAPTER II CONSTABLES AND COURT BAILIFFS

1992, c. 61, s. 619.

223.7. Any judge or justice of the peace may appoint one or more constables, if need be, to execute his orders; he may also administer the required oaths and shall cause them to be recorded in the register in which the clerk enters the orders to be executed.

1992, c. 61, s. 619.

223.8. Any court bailiff must, if required, act as a constable under the orders of a judge or a justice of the peace without any special appointment for that purpose.

1992, c. 61, s. 619.

CHAPTER III TAXES UPON JUDICIAL PROCEEDINGS

1992, c. 61, s. 619.

224. Except in penal matters, the Government shall fix the tariff of court costs and court office fees. It may, in a tariff, prescribe costs and fees varying according to whether they are payable by a natural person or a legal person, or determine what persons, departments or bodies are exempt from the payment of costs or fees or which proceedings, documents or services are covered by an exemption.

Where a tariff established in accordance with the first paragraph prescribes that court costs or court office fees must be paid for the filing or issue of a proceeding or other document or for the performance of a service, no such proceeding or document may be filed with a court or a judicial officer or issued by the latter and no such service may be performed unless the costs or fees have been paid.

The date of filing and, where applicable, the date of payment and the amount of the costs and fees must be entered on the proceeding or document filed.

The Government may also establish a tariff for the taking down and copying or transcription of the depositions which have been stenographed or recorded in any other manner he authorizes before a court or a judicial officer.

1969, c. 21, s. 27; 1979, c. 37, s. 39; 1991, c. 20, s. 11; 1993, c. 31, s. 1; 1992, c. 61, s. 620.

PART VI PENSION PLAN OF THE JUDGES OF THE COURT OF QUÉBEC

1978, c. 19, s. 33; 1990, c. 44, s. 6.

CHAPTER I APPLICATION

1990, c. 44, s. 7.

225. This pension plan, as established by this Part, applies to judges of the Court of Québec appointed on or after 30 May 1978, and to judges of the Court of Québec appointed before that date who have opted for the plan provided for in this Part pursuant to the legislative provisions granting such option enacted by chapter 19 of the statutes of 1978 or by chapter 44 of the statutes of 1990.

The plan also applies to judges of the Municipal Court of Montréal, Laval or Québec if their respective municipalities have joined this plan pursuant to section 30 of chapter 79 of the statutes of 1991.

1978, c. 19, s. 33; 1988, c. 21, s. 48; 1990, c. 44, s. 7; 1991, c. 79, s. 6.

CHAPTER I.1

Repealed, 1997, c. 7, s. 63.

1997, c. 7, s. 35; 1997, c. 7, s. 63.

226. (Repealed).

1978, c. 19, s. 33; 1983, c. 24, s. 91; 1990, c. 44, s. 8; 1997, c. 7, s. 35; 1997, c. 7, s. 63.

226.1. (Repealed).

1997, c. 7, s. 35; 1997, c. 7, s. 63.

226.2. (Repealed).

1997, c. 7, s. 35; 1997, c. 7, s. 63.

CHAPTER II RETIREMENT PENSION

1990, c. 44, s. 9.

DIVISION I ELIGIBILITY FOR RETIREMENT WITH A PENSION

1990, c. 44, s. 9.

227. A judge who reaches 70 years of age is eligible for retirement with a pension. A judge who suffers from a total and permanent disability preventing him from holding office is eligible for retirement with a pension from the day on which he ceases to be entitled to benefits under a social benefits plan established under section 122, as replacement for his salary. However, if a judge is entitled to such benefits before 1 January 1992, he is eligible for retirement with a pension not later than 31 December in the year in which he reaches 71 years of age even if he continues to receive such benefits. Total and permanent disability shall be established, on the basis of medical opinion and after inquiry, by the Conseil de la magistrature.

However, if, pursuant to section 92.1, the Government authorizes a judge who has reached 70 years of age to continue to hold office, the judge will be eligible for retirement with a pension upon ceasing to hold office or not later than 31 December of the year in which he reaches 71 years of age. In the latter case, his salary shall be reduced, from that date, in accordance with section 118.

1978, c. 19, s. 33; 1990, c. 44, s. 9; 1991, c. 79, s. 7.

228. A judge who ceases to hold office is eligible for retirement with a pension provided he satisfies one of the following requirements:

(1)  he has reached 65 years of age;

(2)  he has 25 years of service or more to his credit;

(3)  he has at least 20 years of service to his credit, has opted for the plan provided for in this Part or, as the case may be, for an equivalent plan in effect in a municipality, pursuant to the legislative provisions granting such option and was in office on 30 May 1978.

1978, c. 19, s. 33; 1990, c. 44, s. 9; 1991, c. 79, s. 8.

229. For the purposes of this plan, a year or part of a year of service is any year or part of a year

(1)  during which the judge held judicial office at the Court of Québec or at the Municipal Court of a municipality which has joined this plan;

(2)  during which the judge held any other function to which pensionable service is attached under this plan;

(3)  for which service is transferred to this plan pursuant to a transfer agreement made under section 246.24;

(4)  during which the judge was entitled to benefits under a social benefits plan established under the first paragraph of section 122 or, as the case may be, under an equivalent plan in effect in a municipality which has joined this plan, as a replacement of his salary.

If a judge has received a refund of the contributions he paid or from which he was exempt for the years 1979 to 1989, his service during those years shall be counted for the sole purpose of eligibility for a pension, unless the sums refunded are remitted in accordance with section 244.9 or 244.10.

In no case may a year or part of a year of service be counted under this plan if it is counted under another plan.

1978, c. 19, s. 33; 1990, c. 44, s. 9; 1991, c. 79, s. 9; 1997, c. 7, s. 36; 1997, c. 7, s. 63.

229.1. A judge shall not accumulate service and shall not acquire entitlement to any additional amount of pension after 30 December of the year in which he reaches 71 years of age.

1991, c. 79, s. 10.

DIVISION II COMPUTATION AND PAYMENT OF THE PENSION

1990, c. 44, s. 9.

230. The annual amount of a judge’s pension is equal to the total of the following amounts:

(1)  the amount obtained by multiplying his average salary by 2.8% per year of service prior to 1 January 1992;

(2)  the amount obtained by multiplying his average salary by 1.5% per year of service subsequent to 31 December 1991; that amount, however, shall not exceed the amount obtained by multiplying the defined benefit limit applicable under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) for the year in which he retires, by the number of years of service subsequent to 31 December 1991.

For the purposes of the first paragraph, the years of service of a judge shall be taken into consideration up to 35.

1978, c. 19, s. 33; 1990, c. 44, s. 9; 1991, c. 79, s. 11.

230.1. (Replaced).

1982, c. 32, s. 125; 1988, c. 21, s. 49; 1990, c. 44, s. 9.

230.2. (Replaced).

1982, c. 32, s. 125; 1990, c. 44, s. 9.

231. The average salary of a judge is the average salary of his three best remunerated years of service or, if he has less than three years of service, the average salary of all his years of service.

To determine the average salary, the annual salaries taken into consideration are those of all the years of service of the judge as fixed in the orders made under section 115 up to the annual salary required, for the purposes of subparagraph 2 of the first paragraph of section 230, to arrive at the defined benefit limit applicable for each year under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement). However, the additional remuneration paid to a chief judge, senior associate chief judge, associate chief judge, coordinating judge or associate coordinating judge and any other remuneration paid to a judge who is on leave without pay or to a judge to whom any of sections 131 to 134 applies are excluded from those salaries.

Any lump sum paid as an increase or adjustment of salary for a preceding year forms part of the salary for the year during which it is paid. However, if the lump sum is paid during a year for which no service is credited, it forms part of the salary for the last year for which service is credited prior to the payment of the lump sum.

1978, c. 19, s. 33; 1990, c. 5, s. 49; 1990, c. 44, s. 9; 1991, c. 79, s. 12; 1995, c. 42, s. 41; 1997, c. 7, s. 37; 1997, c. 7, s. 63.

232. (Repealed).

1978, c. 19, s. 33; 1990, c. 44, s. 9; 1991, c. 79, s. 13; 1992, c. 67, s. 95.

232.1. The pension of a judge who is eligible for retirement under paragraph 2 or paragraph 3 of section 228 before his age and years of service total 80 shall be reduced for its duration by the amount obtained by multiplying the amount of the pension established pursuant to subparagraph 2 of the first paragraph of section 230 by 0.25 % per month, computed for each month comprised between the date on which the judge is eligible for retirement with a pension and the date on which the age and years of service of the judge would have totalled 80.

1991, c. 79, s. 14; 1992, c. 67, s. 96.

233. The pension shall be paid for life and is payable from the day on which the judge retires or at the latest from 31 December of the year in which he reaches 71 years of age.

1978, c. 19, s. 33; 1990, c. 44, s. 9; 1991, c. 79, s. 15.

234. The pension of a judge who dies after retirement shall continue to be paid to his spouse or, if he leaves no spouse, to his heirs until the first day of the month following the death of the judge.

1978, c. 19, s. 33; 1990, c. 5, s. 50; 1990, c. 44, s. 9.

CHAPTER III SPOUSE’S AND CHILDREN’S PENSION

1990, c. 44, s. 9.

235. From the day the payment of the pension of a judge ceases by reason of death or, where no pension is payable to him, from the day of the death of a judge in office, a life pension equal to 50% of the pension the judge was receiving or would have received if he had retired with a pension at the time of his death is granted to his spouse.

1978, c. 19, s. 33; 1990, c. 44, s. 9; 1991, c. 79, s. 16.

236. For the purposes of this Part, the spouse of a judge is the person who, at the time of the judge’s death:

(1)  is married to the judge;

(2)  has been living with the judge, who was unmarried, whether the person is of the opposite or the same sex, in a de facto union for not less than three years, or for not less than one year if:

 —  a child has been born or is to be born of their union;

 —  they have jointly adopted a child during their de facto union;

 —  or if one of them has adopted the child of the other during that de facto union.

1978, c. 19, s. 33; 1983, c. 24, s. 91; 1990, c. 44, s. 10; 1999, c. 14, s. 31.

237. When the age and years of service of the judge do not total 80, the pension he would have received is, for the purpose of calculating his spouse’s pension, reduced in accordance with section 232.1.

1978, c. 19, s. 33; 1987, c. 50, s. 6; 1990, c. 44, s. 11; 1991, c. 79, s. 17; 1992, c. 67, s. 97.

238. A judge may, at any time before a pension or deferred annuity becomes payable to him, elect to reduce such pension or deferred annuity to allow his spouse to benefit from a pension more advantageous than the pension provided for in section 235. This reduction may, at the judge’s option, be equal to 3.5%, in which case the spouse will be entitled to receive a pension equal to 60% of the reduced pension, or 5.7%, in which case the spouse will be entitled to receive a pension equal to 66 2/3% of the reduced pension.

The election is irrevocable from the time the judge’s pension is payable, even in the absence of a spouse entitled to a pension.

However, the election is deemed never to have been made if the judge dies while in office, before being entitled to a pension, and leaves no spouse entitled to a pension.

1978, c. 19, s. 33; 1990, c. 44, s. 11; 1991, c. 79, s. 18.

238.1. (Replaced).

1979, c. 42, s. 2; 1988, c. 21, s. 50; 1990, c. 44, s. 11.

239. Each child of a judge who dies while in office or after retirement is entitled to receive, as pension,

(1)  if a pension is paid to the judge’s spouse, 10% of the pension used as the basis for computing the spouse’s pension;

(2)  if there is no spouse entitled to a pension, 20% of the pension which would have been used as the basis for computing the spouse’s pension;

(3)  if the judge’s spouse dies while receiving a pension, 20% of the pension used as the basis for computing the spouse’s pension and indexed from the judge’s death.

However, if there are more than four children, the total amount of the pensions payable to them shall in no case exceed the amount representing 10% or 20%, as the case may be, of the basis amount, multiplied by four, which shall be divided equally among the children.

1978, c. 19, s. 33; 1988, c. 21, s. 51; 1990, c. 44, s. 11.

240. To be entitled to a pension under section 239, a child must be a dependant of the judge at the time of the latter’s death and must satisfy one of the following requirements:

(1)  be under 18 years of age;

(2)  be 18 years of age but under 25 and a full-time student in an educational institution designated in Schedule I to the Act respecting the Teachers Pension Plan (chapter R-11) or designated by regulation under section 47 of the said Act;

(3)  be an invalid as a result of illness or an accident, require medical treatment and be totally unable to perform work of any kind.

However, the child of a judge who, at the time of the latter’s death, is not a dependant of the judge or does not satisfy any of the requirements set out in subparagraphs 1, 2 and 3 of the first paragraph or who ceases to satisfy any such requirement and who, before reaching 25 years of age, satisfies or once again satisfies either of the requirements set out in subparagraphs 2 and 3 of the first paragraph and would have been a dependant of the judge had the latter not died is entitled to receive a pension under section 239.

1978, c. 19, s. 33; 1990, c. 44, s. 11.

241. The pension of a minor child is granted until he reaches majority.

The pension of a child of full age who is a full-time student in an educational institution is granted until he reaches 25 years of age for the period during which he attends an educational institution on a full-time basis; the pension of a child of full age who is an invalid is granted for the period of invalidity.

1978, c. 19, s. 33; 1990, c. 44, s. 11.

242. The pension granted to a child is paid from the day on which the spouse’s pension becomes payable or, if there is no spouse entitled to a pension, from the day on which a spouse’s pension would have become payable. If the spouse dies, the new pension granted to the child is paid from the first day of the month following the month of the death of the spouse.

The pension granted to a child under the second paragraph of section 240 is paid from the first day of the month following the date on which he satisfies or again satisfies either of the requirements set out in subparagraphs 2 and 3 of the first paragraph of the said section.

The pension granted to a child under 18 years of age is paid to the person having the care of the child.

1978, c. 19, s. 33; 1990, c. 44, s. 11.

243. The pension granted to the spouse and children runs until the first day of the month following the date on which the recipient ceases to be entitled to it.

1978, c. 19, s. 33; 1990, c. 44, s. 11.

CHAPTER IV DEFERRED ANNUITY

1990, c. 44, s. 11.

244. A judge who, upon ceasing to hold office, is not eligible for retirement with a pension under Chapter II and has two years or more of service to his credit for the purpose of computing his pension is entitled only to a deferred annuity payable at 65 years of age and computed in accordance with sections 230 and 231, unless he transfers his years of service to another pension plan pursuant to a transfer agreement made under section 246.24.

The deferred annuity is paid for life and confers on the spouse, children and heirs, from the time it becomes payable, the same rights as those conferred in the case of a judge who is eligible for retirement with a pension under Chapter II.

1978, c. 19, s. 33; 1990, c. 44, s. 11.

244.1. The deferred annuity is cancelled if the judge is reappointed to an office to which pensionable service is attached under this plan and the years or parts of a year of service he then accumulates are added to those already credited to him.

1990, c. 44, s. 11.

CHAPTER V JUDGE HOLDING AN OFFICE AFTER RETIREMENT

1990, c. 44, s. 11.

244.2. A judge who has retired with a pension by reason of a disability and who is, before 31 December of the year in which he reaches 71 years of age, reappointed to judicial office at the court at which he held office, ceases to receive his pension.

The years and parts of a year of service he accumulates are added to those already credited to him. However, if he accumulates less than three years, the average salary used as the basis for computing his new pension is computed on the basis of the annual salaries fixed by orders made under section 115 for the three years preceding the date on which he ceased to hold office, or, as the case may be, immediately preceding 31 December of the year in which he reached 71 years of age. In the case of the application of subparagraph 2 of the first paragraph of section 230, the annual salaries are taken into consideration up to the amount of annual salary required to arrive at the defined benefit limit applicable for each year under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1990, c. 44, s. 11; 1991, c. 79, s. 19; 1997, c. 7, s. 38; 1997, c. 7, s. 63.

244.3. A retired judge who is authorized by the Government to exercise judicial functions shall continue to receive his pension, and his salary shall be reduced in accordance with section 118. However, the judge does not acquire entitlement to any additional amount of pension.

A retired judge who receives a salary for holding any other office with the Gouvernement du Québec or, in the case of a judge of a Municipal Court, any other office with the municipality, shall continue to receive his pension, and his salary shall be reduced in accordance with section 118.

1990, c. 44, s. 11; 1991, c. 79, s. 20; 1997, c. 7, s. 39; 1997, c. 7, s. 63.

CHAPTER VI OTHER BENEFITS

1990, c. 44, s. 11.

244.4. A judge who, upon ceasing to hold office, is not eligible for retirement with a pension under Chapter II and has less than two years of service to his credit for the purpose of computing his pension is entitled, if applicable, only to a refund of the contributions which he paid before 1 January 1990 and which were not otherwise refunded to him, unless he transfers the time he held office as judge to another pension plan pursuant to a transfer agreement made under section 246.24.

If the judge dies before having obtained the refund, his contributions shall be refunded to his spouse or, if he leaves no spouse, to his heirs.

1990, c. 44, s. 11; 1997, c. 7, s. 40; 1997, c. 7, s. 63.

244.5. If a judge dies while in office, before being entitled to a pension, and leaves no spouse entitled to a pension, no child under 25 years of age and no child 25 years of age or over who is an invalid within the meaning of subparagraph 3 of the first paragraph of section 240, his heirs are entitled to a refund of the contributions paid for the years 1979 to 1989 which have not been otherwise refunded.

If a judge who, upon ceasing to hold office, was entitled only to a deferred annuity, dies before he reaches 65 years of age, his contributions shall be refunded to his spouse or, if he leaves no spouse, to his heirs.

1990, c. 44, s. 11; 1991, c. 79, s. 21; 1997, c. 7, s. 41; 1997, c. 7, s. 63.

244.6. If the total of the amounts paid as pension to a judge, his spouse and his children is less than the total of the contributions paid for the years 1979 to 1989, with accrued interest, the difference shall be refunded to his heirs when payment of a pension to the last person entitled to it ceases.

1990, c. 44, s. 11; 1997, c. 7, s. 42; 1997, c. 7, s. 63.

244.7. For the purposes of a refund of contributions paid for the years 1979 to 1989, the contributions from which the judge was exempt for a period during which he received or was entitled to receive, as a replacement of his salary, benefits under a social benefits plan established under the first paragraph of section 122 or, as the case may be, under an equivalent plan in effect in a municipality which has joined this plan, shall be considered as having effectively been paid.

1990, c. 44, s. 11; 1991, c. 79, s. 22; 1997, c. 7, s. 43; 1997, c. 7, s. 63.

244.8. For the purposes of this chapter, contributions shall be refunded with interest computed from the midpoint of the year during which they were paid including contributions from which the judge was exempt, until the first day of the month during which the refund is made.

However, for the purpose of computing the interest accrued on contributions under section 244.6, interest is computed up to the date on which the first payment of a pension was made.

1990, c. 44, s. 11.

CHAPTER VII MISCELLANEOUS PROVISIONS

1990, c. 44, s. 11.

244.9. A judge who has received a refund of the contributions he paid or from which he was exempt for the years 1979 to 1989 and is reappointed to an office to which pensionable service is attached under this plan may, for the purpose of computing his pension, count the service accumulated during those years provided he satisfies the following requirements:

(1)  he gives the Commission administrative des régimes de retraite et d’assurances written notice to that effect within the 12 months following the date on which he begins to exercise his new functions;

(2)  he remits the amounts that were refunded to him, computed with interest from the date the refund was made.

The judge may pay the amount determined in the first paragraph in a single payment of by equal instalments which may be spread, with interest, over a period determined by agreement between the judge and the Commission, but not exceeding ten years. Any amount remaining unpaid 30 days from the date of mailing by the Commission of a notice to that effect shall also bear interest.

Notwithstanding the foregoing, any amount required to have such service counted for the purpose of computing the judge’s pension must be paid in full at the time he retires with a pension, failing which he shall lose the right to count such service as pensionable service, and the amounts he has remitted will be refunded to him with interest computed in accordance with the first paragraph of section 244.8.

1990, c. 44, s. 11; 1997, c. 7, s. 44; 1997, c. 7, s. 63.

244.10. If a judge to whom section 244.9 applies dies before the expiry of the 12 months prescribed in subparagraph 1 of the first paragraph of that section, without having given the Commission the notice provided for in that subparagraph, his spouse may have the service in question counted for the purpose of computing the pension the judge would have received, by giving the Commission written notice to that effect within 90 days from the death of the judge and by paying the amount determined in accordance with section 244.9 in a single payment within 30 days from the date of mailing by the Commission of a notice to that effect.

If a judge to whom section 244.9 applies dies before having paid in full the amounts required to have the service in question counted for the purpose of computing his pension, his spouse may have that service counted as pensionable service by paying the balance of the sums required, with accrued interest, with 90 days from the date of mailing by the Commission of a notice to that effect, failing which the amounts remitted by the judge will be refunded to the spouse with interest computed in accordance with the first paragraph of section 244.8.

If the judge dies leaving no spouse entitled to a pension and before having paid in full the amounts required, or if the spouse dies before having paid such amounts in full, the amounts remitted by the judge shall be refunded to his heirs with interest computed in accordance with the first paragraph of section 244.8.

1990, c. 44, s. 11.

244.11. Every pension is indexed annually, at the time prescribed pursuant to section 119 of the Act respecting the Québec Pension Plan (chapter R-9),

(1)  for that part attributable to service prior to 1 July 1990, by the rate of increase of the Pension Index determined by the said Act;

(2)  for that part attributable to service subsequent to 30 June 1990, to the extent only that this service is necessary to attain a maximum of 35 years of service, by the excess of the rate over 3 %.

Deferred annuities are indexed in accordance with the first paragraph. In this case, the indexing applies only from 1 January following the sixty-fifth birthday of the judge.

1990, c. 44, s. 11; 1991, c. 79, s. 23; 1992, c. 67, s. 98.

244.12. The interest payable under this plan is 6% compounded annually.

1990, c. 44, s. 11.

244.13. Any amount paid or refunded under this plan shall be inalienable and unseizable.

Notwithstanding the foregoing, such amounts shall be unseizable up to 50 % in the case of the partition between spouses of the family patrimony, the payment of support or the payment of a compensatory allowance.

1990, c. 44, s. 11.

CHAPTER VIII ARBITRATION

1990, c. 44, s. 11.

245. If a difficulty arises in the application of a provision of this Part, the dispute may be submitted, within the year, to an arbitrator chosen by the Commission administrative des régimes de retraite et d’assurances and by the judge concerned from a list established by the Government. If the parties fail to agree on the choice of an arbitrator, he is chosen, on a motion by one party served on the other, by a judge of the Superior Court.

The second paragraph of article 382 and articles 383 to 392 of the Code of Civil Procedure (chapter C-25) apply, with the necessary modifications, to his arbitration.

1978, c. 19, s. 33; 1983, c. 24, s. 91; 1986, c. 61, s. 46.

246. (Repealed).

1978, c. 19, s. 33; 1990, c. 44, s. 12.

246.1. (Repealed).

1987, c. 50, s. 7; 1990, c. 44, s. 12.

PART VI.1 PENSION PLAN OF CERTAIN JUDGES OF THE COURT OF QUÉBEC

1988, c. 21, s. 52; 1990, c. 44, s. 13.

246.2. The pension plan established by this Part applies to those judges of the Court of Québec to whom the plan provided for in Part VI does not apply.

It also applies to persons who, on 1 January 1992, are receiving a pension under the equivalent pension plan in effect in Ville de Montréal, Ville de Laval or Ville de Québec if the municipality concerned has joined this plan pursuant to section 31 of chapter 79 of the statutes of 1991.

1988, c. 21, s. 52; 1990, c. 44, s. 14; 1991, c. 79, s. 24; 1996, c. 2, s. 983.

246.3. A chief judge who resigns after having held office as a judge for at least twenty years shall be entitled to an annual pension of $20,480; a judge who resigns after having held office for the same period shall be entitled to an annual pension of $17,920.

A chief judge who resigns after having held office as a judge for at least twenty-five years shall be entitled to an annual pension of $23,040; a judge who resigns after having held office for the same period shall be entitled to an annual pension of $20,480.

R. S. 1964, c. 20, s. 91; 1965 (1st sess.), c. 17, s. 10; 1966, c. 7, s. 5; 1966-67, c. 18, s. 6; 1969, c. 19, s. 8; 1976, c. 8, s. 7; 1988, c. 21, s. 30; 1988, c. 21, s. 32.

246.4. The pension contemplated by the first paragraph of section 246.3 shall be granted to any chief judge or judge before he has held office for 20 years, if he resigns and if he is suffering from a permanent disability within the meaning of the first paragraph of section 93.1.

The pension contemplated by the second paragraph of section 246.3 shall be granted to any chief judge or judge before he has held office for 25 years but after he has held office for 20 years, if he resigns and if he is suffering from a permanent disability within the meaning of the first paragraph of section 93.1.

R. S. 1964, c. 20, s. 92; 1965 (1st sess.), c. 17, s. 11; 1969, c. 19, s. 9; 1974, c. 11, s. 28, s. 52; 1988, c. 21, s. 30; 1988, c. 21, s. 31, s. 32; 1990, c. 44, s. 15.

246.5. When a chief judge or judge reaches 70 years of age, he shall be retired; in such case, an annual pension of $23,040 shall be granted to such chief judge and to such judge an annual pension of $20,480.

However, if the Government, under section 92.1, authorizes him to continue to hold office, he shall be eligible for retirement with a pension when he ceases to hold office.

R. S. 1964, c. 20, s. 93; 1965 (1st sess.), c. 17, s. 12; 1966-67, c. 18, s. 7; 1969, c. 19, s. 10; 1976, c. 8, s. 7; 1988, c. 21, s. 30; 1988, c. 21, s. 32; 1990, c. 44, s. 16.

246.6. The Government, in every case where a chief judge or judge is suffering from a permanent disability within the meaning of the first paragraph of section 93.1, may retire such judge and grant him the pension contemplated in section 246.3 or 246.4, as the case may be.

R. S. 1964, c. 20, s. 94; 1965 (1st sess.), c. 16, s. 21; 1965 (1st sess.), c. 17, s. 13; 1974, c. 11, s. 29; 1978, c. 19, s. 10; 1988, c. 21, s. 30; 1988, c. 21, s. 31, s. 32; 1990, c. 44, s. 17.

246.7. (Repealed).

1978, c. 19, s. 11; 1988, c. 21, s. 30; 1988, c. 21, s. 31; 1990, c. 44, s. 18.

246.8. Every retirement under the foregoing sections shall have the same effects as an accepted resignation.

R. S. 1964, c. 20, s. 95; 1988, c. 21, s. 30.

246.9. If any person who receives a pension under the provisions of this Part receives a salary for holding any office under the Gouvernement du Québec or, in the case of a person referred to in the second paragraph of section 246.2, any office with a municipality which has joined this plan, there shall be deducted from such salary an amount equal to the amount of his pension.

R. S. 1964, c. 20, s. 96; 1977, c. 5, s. 14; 1988, c. 21, s. 30; 1988, c. 21, s. 33; 1991, c. 79, s. 25.

246.10. From and after the day on which payment of the pension of a chief judge or judge ceases by reason of death or from and after the day of the death of a chief judge or judge while in office, an annual pension of $10 240 shall be granted for life to the surviving spouse in the case of a chief judge and of $8 960 in the case of another judge. The pension runs until the first day of the month following the death of the spouse.

R. S. 1964, c. 20, s. 97; 1965 (1st sess.), c. 17, s. 14; 1966-67, c. 18, s. 8; 1969, c. 19, s. 11; 1976, c. 8, s. 7; 1980, c. 11, s. 91; 1982, c. 17, s. 76; 1983, c. 54, s. 96; 1988, c. 21, s. 30; 1988, c. 21, s. 32; 1990, c. 44, s. 19.

246.11. A year or part of a year counted for the purposes of eligibility for a pension under this plan is any year or part of a year

(1)  during which the judge held judicial office at the Court of Québec;

(2)  during which the judge held any function to which pensionable service is attached under this plan;

(3)  for which service is transferred to this plan pursuant to a transfer agreement made pursuant to section 246.24;

(4)  during which the judge was entitled to benefits under a social benefits plan established under the first paragraph of section 122, as a replacement of his salary.

In no case may a year or part of a year be counted under this plan if it is counted under another plan.

R. S. 1964, c. 20, s. 98; 1965 (1st sess.), c. 17, s. 2; 1977, c. 20, s. 138; 1988, c. 21, s. 30; 1988, c. 21, s. 34; 1990, c. 44, s. 20; 1991, c. 79, s. 26.

246.12. The pension of a judge shall be for life and is payable from the day on which the judge retires.

The pension of a judge who dies after retirement shall continue to be paid to his spouse, or if he leaves no spouse, to his heirs until the first day of the month following the death of the judge.

R. S. 1964, c. 20, s. 100; 1965 (1st sess.), c. 17, s. 16; 1982, c. 17, s. 76; 1987, c. 50, s. 5; 1988, c. 21, s. 30; 1988, c. 21, s. 31, s. 35; 1990, c. 44, s. 20.

246.13. For the application of sections 246.3 to 246.12, the expression “chief judge” includes a senior associate chief judge or an associate chief judge.

1978, c. 19, s. 12; 1988, c. 21, s. 30; 1988, c. 21, s. 31.

246.14. The pension paid under this plan to a judge having retired before 31 May 1978 or to his surviving spouse is, at the time provided for under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), indexed annually by the rate of increase of the Pension Index determined by the said Act.

1978, c. 19, s. 12; 1982, c. 17, s. 76; 1988, c. 21, s. 30; 1988, c. 21, s. 31; 1990, c. 44, s. 21.

246.14.1. Any other pension paid under this plan shall not be indexed, except if the requirements of sections 25 to 29 of the Act to amend the Courts of Justice Act with respect to the pension plans of the judges of the Court of Québec (1990, chapter 44) to benefit from such indexing have been satisfied.

If those requirements have been satisfied, the pension paid to the judge or his surviving spouse shall, from 1 July 1990, be equal to the amount determined under this plan, indexed in accordance with section 246.14, from 1 January 1979.

1990, c. 44, s. 21.

246.14.2. Any judge who is not entitled to an annual pension under this plan at the time he ceases to hold office, is entitled only to a refund of the amounts he paid to benefit from the indexing provided for in the second paragraph of section 246.14.1, unless he transfers his years of service to another pension plan pursuant to a transfer agreement made pursuant to section 246.24. If he dies before having obtained the refund, the amounts shall be paid to his spouse or, if he leaves no spouse, to his heirs.

If a judge dies while in office and leaves no spouse entitled to a pension, his heirs are entitled to a refund of the amounts paid to benefit from the indexing.

If the total of the amounts paid as pension to a judge and his spouse is less than the total of the amounts paid to benefit from the indexing, with accrued interest, the difference shall be refunded to the heirs when payment of a pension to the last person entitled to it ceases.

1990, c. 44, s. 21.

246.14.3. For the purposes of section 246.14.2, the amounts paid to benefit from the indexing provided for in the second paragraph of section 246.14.1 shall be refunded with interest at a rate of 6%, compounded annually and computed from the midpoint of the year during which they were paid until the first day of the month during which the refund is made.

However, for the purpose of computing the interest accrued on such amounts pursuant to the third paragraph of section 246.14.2, interest is computed up to the date on which the first payment of a pension was made.

1990, c. 44, s. 21.

246.14.4. A judge who has received a refund of the amounts he paid to benefit from the indexing provided for in the second paragraph of section 246.14.1 and who is reappointed to an office to which pensionable service is attached under this plan, may again benefit from the indexing provided he satisfies the following requirements:

(1)  he gives the Commission administrative des régimes de retraite et d’assurances written notice to that effect within the 12 months following the date on which he begins to exercise his new functions;

(2)  he remits the amounts that were refunded to him, computed with interest at 6%, compounded annually, from the date the refund was made.

Where this is the case, the second and third paragraphs of section 244.9 and section 244.10 apply, adapted as required.

1990, c. 44, s. 21.

246.14.5. Any amount paid or refunded under this plan shall be inalienable and unseizable.

Notwithstanding the foregoing, such amounts shall be unseizable up to 50 % in the case of the partition between spouses of the family patrimony, the payment of support or the payment of a compensatory allowance.

1990, c. 44, s. 21.

PART VI.2 PARTITION AND ASSIGNMENT OF BENEFITS BETWEEN SPOUSES

1990, c. 5, s. 51.

246.15. This Part shall be administered by the Commission administrative des régimes de retraite et d’assurances, and any decision rendered by the Commission under this Part, other than decisions relating to the establishment and assessment of the benefits accrued under the pension plans provided for in Parts VI and VI.1, may be contested by the judge or former judge and his spouse within 90 days after the date of mailing of such decision, in the manner prescribed in section 245, adapted as required.

1990, c. 5, s. 51; 1990, c. 44, s. 22.

246.16. From the introduction of an application for separation from bed and board, divorce, annulment of marriage or for the payment of a compensatory allowance, the judge or former judge and his spouse are entitled to obtain, upon application to the Commission on the conditions and according to the terms prescribed by regulation, a statement setting out the value of the benefits accrued by the judge or former judge under the pension plans provided for in Parts VI and VI.1, the value of such benefits for the period of the marriage and any other information determined by regulation.

The judge or former judge and his spouse are also entitled to obtain such a statement, upon application to the Commission on the conditions and according to the terms prescribed by regulation, for the purposes of mediation conducted prior to proceedings in family matters.

1990, c. 5, s. 51; 1990, c. 44, s. 22; 1995, c. 70, s. 60.

246.17. For the purposes of their partition and assignment, the benefits accrued under the pension plans provided for in Parts VI and VI.1 shall be established according to the rules fixed by regulation, which may differ from the rules otherwise applicable under the said Parts. The benefits shall be assessed in accordance with the actuarial rules, assumptions and methods determined by regulation, which may vary according to the nature of the benefits established.

The benefits shall be established and assessed on the date of institution of the proceedings or the date on which the spouses ceased to live together, as the case may be.

1990, c. 5, s. 51; 1990, c. 44, s. 22; 1995, c. 70, s. 61.

246.18. The Commission, upon an application made on the conditions and according to the terms prescribed by regulation, shall pay the sums awarded to the spouse. The regulation may also prescribe rules, conditions and terms for the payment of such sums and, where applicable, the interest payable thereon.

1990, c. 5, s. 51.

246.19. Every sum paid to the spouse, the interest yielded by it and the benefits constituted with such sums shall be inalienable and unseizable.

1990, c. 5, s. 51.

246.20. Following payment of the sums awarded to the spouse of the judge or former judge, every sum payable under the pension plans provided for by Parts VI and VI.1 with respect to the participation of the judge or former judge shall be reduced in accordance with the actuarial rules, assumptions and methods prescribed by regulation, which may vary according to the nature of the benefit from which such sum is derived.

1990, c. 5, s. 51; 1990, c. 44, s. 22.

246.21. Where, following a separation from bed and board, the value of the benefits accrued by the judge or former judge under the pension plans provided for in Parts VI and VI.1 has been included in whole or in part in the value of the benefits that may be partitioned, the partition of the family patrimony shall entail, for the spouse who obtained it, the extinction of any other benefit, advantage or reimbursement which he could claim in his capacity as spouse, unless the spouses resume living together.

1990, c. 5, s. 51; 1990, c. 44, s. 22.

246.22. The Government may, by regulation,

(a)  determine the terms and conditions of the applications required under this Part;

(b)  determine, for the purposes of section 246.16, the information which must be contained in the statement setting out the value of the benefits accrued by the judge or former judge;

(c)  fix, for the purposes of section 246.17, the rules which apply to the establishment of the benefits accrued under the pension plans provided for in Parts VI and VI.1, which may differ from the rules otherwise applicable under the said Parts; determine, for the purposes of the said section, the actuarial rules, assumptions and methods which apply to the assessment of accrued benefits and which may vary according to the nature of the benefits;

(d)  determine, for the purposes of section 246.18, the rules and the terms and conditions of payment of the sums awarded to the spouse and, where applicable, the interest payable thereon;

(e)  prescribe, for the purposes of section 246.20, the actuarial rules, assumptions and methods for reducing any sum payable under the pension plans provided for in Parts VI and VI.1, which may vary according to the nature of the benefit from which such sum is derived.

1990, c. 5, s. 51; 1990, c. 44, s. 22.

PART VI.3 ADMINISTRATION OF THE PENSION PLANS

1990, c. 44, s. 23.

246.22.1. This Part and Parts VI, VI.1 and VI.2 apply subject to the provisions of Part VI.4.

1997, c. 84, s. 4.

246.23. The pension plans provided for in Parts VI and VI.1 are administered by the Commission administrative des régimes de retraite et d’assurances.

No person may obtain any benefit or refund under these plans unless he has applied therefor to the Commission.

1990, c. 44, s. 23.

246.24. The Commission, with the authorization of the Government, and Ville de Montréal, Ville de Laval or Ville de Québec, may make a transfer agreement to permit a judge to whom a pension plan provided for in Part VI or in Part VI.1 or an equivalent plan in force in these municipalities applies to transfer all or part of the service credited to him in the equivalent pension plan which previously applied to him in his capacity as judge of the Court of Québec or, as the case may be, as judge of the court of one of the said municipalities.

An agreement may take effect from any earlier date fixed therein.

The amount representing the employer’s contribution is, at the request of the party to the agreement who undertakes to pay such amount, spread over a period not exceeding five years.

The amounts to be transferred pursuant to an agreement shall bear interest, compounded annually, at the rates determined for each period in Schedule VI to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10). They are received or paid according to the pension plans concerned.

1990, c. 44, s. 23; 1996, c. 2, s. 984.

246.25. Any pension paid under the pension plans provided for in Parts VI and VI.1 shall be paid at the intervals and according to the conditions fixed by regulation under section 148 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

1990, c. 44, s. 23.

246.26. At least once every three years, the Commission shall cause an actuarial valuation of the pension plans provided for in Parts VI and VI.1 to be prepared for the Minister of Justice by the actuaries it designates.

With respect to the judges of the Court of Québec, the cost of the plans, except contributions paid for the years 1979 to 1989 to the pension plan provided for in Part VI and except amounts paid to benefit from the indexing of pensions payable under the pension plan provided for in Part VI.1, shall be assumed by the Government.

With respect to the judges of Municipal Courts to whom the pension plan provided for in Part VI applies, the cost of that plan shall, except contributions paid by those judges for the years 1979 to 1989 to the equivalent pension plan in force in the municipality, be borne by each municipality, respectively.

Where a bill is introduced in the National Assembly for the purpose of enacting amendments having an immediate or a long-term impact on either plan, the Commission must prepare a report showing the extent to which the assumptions of the latest actuarial valuation are affected by the proposed amendments.

1990, c. 44, s. 23; 1991, c. 79, s. 27; 1997, c. 7, s. 45; 1997, c. 7, s. 63.

246.26.1. The Government shall determine, by regulation, at intervals of not less than three years, the rate of contribution of the municipalities to the pension plan provided for in Part VI, which is based on the plan’s experience and obtained at the time of the last actuarial valuation. Such regulation may have effect from 1 January of the year in which it is adopted.

Each municipality shall pay its contribution according to the rules, terms and conditions of payment which the Government determines by regulation. Such rules may fix the interest payable on late payments.

1991, c. 79, s. 28; 1997, c. 7, s. 46; 1997, c. 7, s. 63.

246.27. The Commission shall obtain from the Minister of Justice and from the municipalities having joined the pension plan provided for in Part VI, not later than 1 March each year, any information relating to the previous year that it needs in the performance of its duties.

1990, c. 44, s. 23; 1991, c. 79, s. 29.

246.28. All sums collected under the pension plans established by Parts VI and VI.1 shall be paid into the consolidated revenue fund. All sums required for the purposes of the plans and for the purposes of Part VI.2 shall be taken out of the consolidated revenue fund, except those sums required for their administration, which shall be paid in accordance with section 158.5 of the Act respecting the Government and Public Retirement Plan (chapter R-10).

1990, c. 44, s. 23; 1996, c. 53, s. 52.

PART VI.4 COMMITTEE ON THE REMUNERATION OF THE JUDGES OF THE COURT OF QUÉBEC AND THE MUNICIPAL COURTS

1997, c. 84, s. 5.

246.29. A committee on the remuneration of the judges of the Court of Québec and the municipal courts is hereby established.

The function of the committee is to ascertain, every three years, whether the salary, pension plan and other social benefits of the judges of the Court of Québec and the municipal courts of Laval, Montréal and Québec are adequate. A further function of the committee is to ascertain, every three years, whether the salary and other social benefits of the judges of the municipal courts to which the Act respecting municipal courts (chapter C-72.01) applies are adequate. The committee shall submit a report to the Government together with its recommendations.

An additional function of the committee is to examine any change proposed by the chief judge of the Court of Québec, the Conférence des juges du Québec or the Government to the pension plan of the judges of the Court of Québec and the municipal courts of Laval, Montréal and Québec and to the social benefits related to that plan or to the judges’ group insurance plans. The committee shall ascertain whether the proposed change is adequate, and report and make recommendations to the Government in that respect.

1997, c. 84, s. 5.

246.30. The committee shall exercise its functions in three-member panels.

One panel shall exercise the committee’s functions with regard to the judges of the Court of Québec and the municipal courts of Laval, Montréal and Québec and the other panel with regard to the judges of the municipal courts to which the Act respecting municipal courts (chapter C-72.01) applies.

The report of each panel shall constitute the report of the committee.

1997, c. 84, s. 5.

246.31. The committee shall have four members, appointed by the Government for a three-year term.

The chief judge of the Court of Québec, the Conférence des juges du Québec, the Conférence des juges municipaux du Québec and the Government shall designate, by mutual agreement, the members of the committee including the chair, as well as the members of each panel.

Failing agreement on or before 15 February 1998, and every three years thereafter, the members shall be designated as follows:

(1)  one member shall be designated, by mutual agreement, by the chief judge of the Court of Québec and the Conférence des juges du Québec;

(2)  one member shall be designated by the Conférence des juges municipaux du Québec;

(3)  one member shall be designated by the Government;

(4)  one member, who shall act as the committee chair, shall be designated, by mutual agreement, by the chief judge of the Court of Québec, the Conférence des juges du Québec, the Conférence des juges municipaux du Québec and the Government. Failing agreement, the Government shall designate the committee chair after consultation with the chief judge of the Court of Québec, the Conférence des juges du Québec and the Conférence des juges municipaux du Québec.

Where the members of the committee are designated in accordance with the third paragraph, the panel that exercises the functions of the committee with regard to the judges of the Court of Québec and the municipal courts of Laval, Montréal and Québec shall be composed of the members designated in accordance with subparagraphs 1, 3 and 4 of that paragraph, and the panel that exercises the functions of the committee with regard to the judges of the municipal courts to which the Act respecting municipal courts (chapter C-72.01) applies shall be composed of the members designated in accordance with subparagraphs 2, 3 and 4 of that paragraph.

No judge, public servant within the meaning of the Public Service Act (chapter F-3.1.1) or municipal employee may be a member of the committee.

1997, c. 84, s. 5.

246.32. The Government shall proceed with the appointment of the members of the committee on or before 1 April 1998, and every three years thereafter. The committee shall begin to exercise the functions conferred on it by this Part without delay.

1997, c. 84, s. 5.

246.33. Upon the expiry of their term, the members of the committee shall remain in office until replaced or reappointed.

1997, c. 84, s. 5.

246.34. When a member dies, resigns or is otherwise unable to act, the Government shall appoint a substitute member in the manner set out in section 246.31. The term of the substitute member shall correspond to the unexpired portion of the term of the original member.

1997, c. 84, s. 5.

246.35. The Government shall determine, by order, the fees to be paid to the members of the committee, and the case and conditions in which and extent to which the expenses incurred by the members in the exercise of their functions are to be reimbursed.

1997, c. 84, s. 5.

246.36. The chair of the committee shall manage the financial resources of the committee within the scope of the applicable legislation, regulations and rules.

Within such scope, the committee chair may call upon the support services and professional services considered necessary by the chair to ensure the successful discharge of the committee’s functions. To that end the chair may, in particular, enter into an agreement concerning the temporary assignment of members of the public service to the committee.

Subject to the provisions of the first paragraph, the committee may, on its own initiative or at the request of the chief judge of the Court of Québec, the Conférence des juges du Québec, the Conférence des juges municipaux du Québec or the Government, give experts the mandate to examine any matter submitted by the committee.

1997, c. 84, s. 5.

246.37. The chair of the committee shall have the powers vested in a chief executive officer by the Financial Administration Act (chapter A-6) with regard to applications to charge a commitment and applications for payment.

Sections 46 and 56 of that Act, respecting suspension of the right to commit appropriations and suspension of payment, do not apply to the committee.

1997, c. 84, s. 5.

246.38. Each fiscal year of the committee shall end on 31 March.

1997, c. 84, s. 5.

246.39. Each year, the chair of the committee shall submit the committee’s budget estimates for the ensuing fiscal year to the Minister of Justice.

The chair of the committee must also submit supplementary budget estimates to the Minister when, in the course of a fiscal year, the committee’s disbursements exceed the budget estimates.

The Minister shall table the budget estimates or, as the case may be, the supplementary budget estimates in the National Assembly within 10 days of receiving them if the Assembly is sitting or, if it is not sitting, within 10 days of resumption.

1997, c. 84, s. 5.

246.40. The books and accounts of the committee shall be audited each year by the Auditor General and whenever so ordered by the Government.

1997, c. 84, s. 5.

246.41. The committee shall, within the scope of its functions, receive observations from the chief judge of the Court of Québec and the Conférence des juges du Québec or from the Conférence des juges municipaux du Québec, according to the jurisdiction of each panel, from the Government, and according to the jurisdiction of each panel from the cities of Laval, Montréal and Québec, and from the associations representing municipalities, more particularly, the Union des municipalités du Québec and the Union des municipalités régionales de comté et des municipalités locales du Québec inc.

Where it considers it relevant, the committee may invite any person or body to present observations.

Where it considers it appropriate, the committee may decide to receive such observations at a public meeting.

1997, c. 84, s. 5.

246.42. The committee shall consider the following factors:

(1)  the particularities of judges’ functions;

(2)  the need to offer judges adequate remuneration;

(3)  the need to attract outstanding candidates for the office of judge;

(4)  the cost of living index;

(5)  the economic situation prevailing in Québec and the general state of the Québec economy;

(6)  trends in real per capita income in Québec;

(7)  the state of public finances and of public municipal finances, according to the jurisdiction of each panel;

(8)  the level and prevailing trend of the remuneration received by the judges concerned, as compared to that received by other persons receiving remuneration out of public funds;

(9)  the remuneration paid to other judges exercising a similar jurisdiction in Canada;

(10)  any other factor considered relevant by the committee.

The panel having jurisdiction with regard to the judges of the municipal courts to which the Act respecting municipal courts (chapter C-72.01) applies shall also take into consideration the fact that municipal judges exercise their functions mainly on a part-time basis.

1997, c. 84, s. 5.

246.43. The committee shall make a report to the Government containing the recommendations it considers appropriate. The report must be filed within six months from the date on which the committee members were appointed or, where the committee exercises its functions under the third paragraph of section 246.29, within six months from the date on which the proposed change was submitted to the committee.

The Minister of Justice shall table the report in the National Assembly within 30 days of receiving it if the Assembly is sitting or, if it is not sitting, within 30 days of resumption.

1997, c. 84, s. 5.

246.44. The National Assembly may approve, amend or reject some or all of the committee’s recommendations, by way of a resolution stating the reasons on which it is based. The Government shall take, with diligence, the necessary steps to implement the resolution in accordance with this Act or the Act respecting municipal courts (chapter C-72.01).

If the National Assembly fails to adopt a resolution on or before the thirtieth day of sitting following the day on which the committee’s report is tabled, the Government must take, with diligence, the necessary steps to implement the recommendations in accordance with this Act or the Act respecting municipal courts.

1997, c. 84, s. 5.

246.45. The sums required for the application of this Part shall be taken out of the Consolidated Revenue Fund.

1997, c. 84, s. 5.

PART VII THE CONSEIL DE LA MAGISTRATURE, REFRESHER PROGRAMS FOR JUDGES AND JUDICIAL ETHICS

1978, c. 19, s. 33.

CHAPTER I THE CONSEIL DE LA MAGISTRATURE

1978, c. 19, s. 33.

DIVISION I ESTABLISHMENT

1978, c. 19, s. 33.

247. A body, hereinafter called the “council”, is established under the name of Conseil de la magistrature.

1978, c. 19, s. 33.

248. The council shall be composed of 15 members, namely,

(a)  the chief judge of the Court of Québec who shall be the chairman of the council;

(b)  the senior associate chief judge of the Court of Québec;

(c)  the three associate chief judges of the Court of Québec;

(d)  one of the chief judges of the Municipal Courts of Laval, Montréal or Québec;

(d.1)  one judge chosen among the persons exercising the functions of chief judge of the Labour Court, president of the Human Rights Tribunal, or chairman of the Professions Tribunal;

(d.2)  the chief judge of the municipal courts;

(e)  two judges chosen among the judges of the Court of Québec or the Municipal Courts of Laval, Montréal or Québec and appointed upon the recommendation of the Conférence des juges du Québec;

(f)  one judge chosen among the judges of the Municipal Courts other than those of Laval, Montréal or Québec and appointed upon the recommendation of the Conférence des juges municipaux du Québec;

(g)  two advocates appointed upon the recommendation of the Barreau du Québec;

(h)  two persons who are neither judges nor advocates.

1978, c. 19, s. 33; 1986, c. 48, s. 4; 1986, c. 61, s. 47; 1987, c. 50, s. 8; 1988, c. 21, s. 53; 1991, c. 70, s. 4; 1995, c. 42, s. 42; 1998, c. 30, s. 40.

249. The Government shall appoint the members of the council contemplated in paragraphs d, d.1 and e to h of section 248. To sit on the council, those members shall make the oath or solemn affirmation contained in Schedule III before the chief judge or the senior associate chief judge of the Court of Québec.

The vice-chairman of the council is elected by the council from among its members.

The term of office of the members of the council appointed under the first paragraph is not more than three years; at the expiry of their term, these members remain in office until they are replaced or reappointed.

1978, c. 19, s. 33; 1988, c. 21, s. 54; 1989, c. 45, s. 6; 1995, c. 42, s. 43; 1998, c. 30, s. 41.

250. The members of the council who are not judges are not entitled to any remuneration, except in such cases, on such conditions and to such extent as may be determined by the Government. They are, however, entitled to the reimbursement of expenses incurred in the performance of their duties, on the conditions and within the limits determined by the Government.

The judges are entitled to the indemnity provided for in section 119.

1978, c. 19, s. 33; 1988, c. 21, s. 55.

251. Eight members of the council, including the chairman or vice-chairman, are a quorum.

1978, c. 19, s. 33; 1986, c. 48, s. 5.

252. The council meets as often as necessary, when convened by the chairman.

It may sit incamera and hold its sittings at any place in Québec.

The council has its head office in the territory of Ville de Québec or in the territory of Ville de Montréal, as the Government may decide.

1978, c. 19, s. 33; 1996, c. 2, s. 985.

253. The council may make by-laws for its internal management or to establish committees and determine their functions.

1978, c. 19, s. 33.

254. The minutes of the sittings of the council or of one of its committees are authentic if they are approved by the members of the council or of the committee, as the case may be; the same rule applies to documents or copies emanating from the council or forming part of its records if they are certified true by the chairman or the secretary.

1978, c. 19, s. 33.

255. The chairman shall appoint the secretary of the council, for a five-year term, from among the advocates on the Roll of the Order of Advocates for at least 10 years who are members of the public service. The Government shall determine the salary, the employment benefits and other conditions of employment of the secretary.

Upon being appointed, the secretary shall cease to be subject to the Public Service Act (chapter F-3.1.1); the person appointed to the office of secretary shall be on leave without pay for the duration of the five-year term.

1978, c. 19, s. 33; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1989, c. 45, s. 7; 1997, c. 76, s. 2.

255.1. The secretary of the council shall exercise the functions of the secretary on an exclusive basis, under the authority of the chairman.

The secretary shall, before taking office, make the oath or solemn affirmation set out in Schedule III, before the chief judge of the Court of Québec.

1989, c. 45, s. 7; 1997, c. 76, s. 2.

255.2. At the expiry of the five-year term of office, the secretary shall remain in office until replaced or reappointed.

1989, c. 45, s. 7; 1997, c. 76, s. 2.

255.3. The members of the personnel of the council, other than the secretary, shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

1989, c. 45, s. 7; 1997, c. 76, s. 2.

255.4. (Replaced).

1989, c. 45, s. 7; 1997, c. 76, s. 2.

DIVISION II FUNCTIONS OF THE COUNCIL

1978, c. 19, s. 33.

256. The functions of the council are:

(a)  to organize, in accordance with Chapter II of this Part, refresher programs for judges;

(b)  to adopt, in accordance with Chapter III of this Part, a judicial code of ethics;

(c)  to receive and examine any complaint lodged against a judge to whom Chapter III of this Part applies;

(d)  to promote the efficiency and uniformization of procedure before the courts;

(e)  to receive suggestions, recommendations and requests made to it regarding the administration of justice, to study them and to make the appropriate recommendations to the Minister of Justice;

(f)  to cooperate, in accordance with the law, with any body pursuing similar purposes outside Québec, and

(g)  to hear and decide appeals under section 112.

1978, c. 19, s. 33; 1988, c. 21, s. 56.

CHAPTER II REFRESHER PROGRAMS FOR JUDGES

1978, c. 19, s. 33.

257. The council shall establish information, training, refresher or reorientation programmes for the judges of the courts under the legislative authority of Québec and appointed by the Government.

1978, c. 19, s. 33.

258. The council shall determine the needs, prepare the programmes and fix the terms and conditions of application; it may, for that purpose, act in cooperation in particular with the Conférence des juges du Québec, the Conférence des juges municipaux du Québec, the Barreau du Québec, the law faculties and the Ministère de la Justice.

1978, c. 19, s. 33; 1987, c. 50, s. 9.

259. The Government determines the amounts over which expenditures by the council in the application of this chapter require the approval of the Minister of Justice.

1978, c. 19, s. 33.

CHAPTER III JUDICIAL ETHICS

1978, c. 19, s. 33.

DIVISION I GENERAL PROVISION

1978, c. 19, s. 33.

260. This chapter applies to a judge appointed under this act.

It also applies to a judge of a Municipal Court and to a justice of the peace appointed in accordance with section 158, if the deed of appointment indicates that section 162 applies to that justice of the peace.

1978, c. 19, s. 33; 1980, c. 11, s. 98; 1995, c. 42, s. 44.

DIVISION II CODE OF ETHICS

1978, c. 19, s. 33.

261. The council shall, by regulation, adopt a judicial code of ethics.

However, it must previously call a meeting of the judges to whom the code of ethics applies to consult them on the draft regulation.

A regulation made under this section is published in the Gazette officielle du Québec at least thirty days before it is submitted to the approval of the Government. If it is so approved, it comes into force on the date of its publication in the Gazette officielle du Québec or on a later date fixed therein.

1978, c. 19, s. 33.

262. The code of ethics determines the rules of conduct and the duties of the judges towards the public, the parties to an action and the advocates, and it indicates in particular which acts or omissions are derogatory to the honour, dignity or integrity of the judiciary and the functions or activities that a judge may exercise without remuneration notwithstanding section 129.

It may be stipulated in the code that certain of those provisions do not apply to judges of Municipal Courts other than the Municipal Courts of Laval, Montréal and Québec, or special provisions may be established for those judges.For the purposes of this chapter, the rules set out in section 45 of the Act respecting municipal courts (chapter C-72.01) are deemed to be special provisions of the code of ethics applicable to municipal judges. The code may also indicate the functions or activities that the chief judge of the municipal courts may exercise without remuneration notwithstanding section 37.1 of the Act respecting municipal courts.

1978, c. 19, s. 33; 1980, c. 11, s. 99; 1988, c. 21, s. 57; 1988, c. 74, s. 8; 1989, c. 52, s. 138; 1998, c. 30, s. 42.

DIVISION III EXAMINATION OF COMPLAINTS

1978, c. 19, s. 33.

263. The council receives and examines a complaint lodged by any person against a judge alleging that he has failed to comply with the code of ethics.

1978, c. 19, s. 33; 1988, c. 21, s. 58.

264. Any complaint is made in writing to the secretary of the council and states the facts with which the judge is charged and the other relevant circumstances.

1978, c. 19, s. 33.

265. The council shall examine the complaint; it may, for that purpose, require from any person such information as it may deem necessary and examine the relevant record, even if the record is confidential under the Youth Protection Act (chapter P-34.1).

If the complaint is lodged by a member of the council, he cannot participate in the examination of the complaint by the council.

1978, c. 19, s. 33; 1986, c. 48, s. 6; 1988, c. 21, s. 59.

266. The council shall forward a copy of the complaint to the judge; it may require an explanation from him.

1978, c. 19, s. 33.

267. If the council, after examining a complaint, establishes that it is not justified or that its nature and importance do not justify an inquiry, it shall notify the plaintiff and the judge of it and state its reasons therefor.

1978, c. 19, s. 33.

268. The council may, after examining a complaint, decide to make an inquiry. It must make an inquiry, however, if the complaint is lodged by the Minister of Justice or if the latter requests it pursuant to the third paragraph of section 93.1.

1978, c. 19, s. 33; 1988, c. 21, s. 60; 1990, c. 44, s. 24.

DIVISION IV INQUIRY

1978, c. 19, s. 33.

269. To conduct an inquiry on a complaint, the council establishes a committee consisting of five persons chosen from among its members and designates a chairman among them.

Three persons are a quorum of the committee.

1978, c. 19, s. 33.

269.1. Notwithstanding the first paragraph of section 269, a committee of inquiry may be composed of members of the council and of persons who have previously been members of the council.

However, such a committee must include at least three members of the council, from whose number the committee shall designate a chairman, and not more than two previous council members.

1991, c. 70, s. 5.

269.2. Any person who has previously been a member of the council and who is appointed to sit on a committee must, before taking up his functions, make the oath or solemn declaration contained in Schedule III, before the chief judge or the senior associate chief judge of the Court of Québec.

1991, c. 70, s. 5; 1995, c. 42, s. 45.

269.3. A person who ceases to be a member of the council may continue to sit on a committee of inquiry established under section 269 or 269.1 in order to complete an inquiry undertaken by the committee.

1991, c. 70, s. 5.

269.4. A person to whom either of sections 269.2 and 269.3 applies is entitled for the time he is a member of a committee to no remuneration other than the remuneration and indemnities council members are entitled to receive under section 250.

1991, c. 70, s. 5.

270. The committee meets as often as necessary, when convened by its chairman.

1978, c. 19, s. 33.

271. The committee communicates to the judge a copy of the complaint or of the request of the Minister of Justice made pursuant to the third paragraph of section 93.1.

Within thirty days after the communication of the complaint, the committee calls the judge concerned and the plaintiff; it also notifies the Minister of Justice, and the latter or his representative may intervene at the proof or hearing.

1978, c. 19, s. 33; 1988, c. 21, s. 61; 1990, c. 44, s. 24.

272. The committee hears the parties, their attorneys and their witnesses.

It may inquire into the relevant facts and call any person apt to testify on such facts.

The witnesses may be examined or cross-examined by the parties.

1978, c. 19, s. 33.

273. The members of the committee enjoy, for the purposes of an inquiry, the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1978, c. 19, s. 33; 1992, c. 61, s. 621.

273.1. An advocate who is a judge of a Municipal Court may not act as a prosecutor for the application of this chapter.

1980, c. 11, s. 100.

274. A party to the inquiry may request the recusation of a member of the committee for one of the causes provided for in articles 234 and 235 of the Code of Civil Procedure (chapter C-25).

Furthermore, a member of the committee who is aware of a ground of recusation to which he is liable is bound to declare it.

1978, c. 19, s. 33.

275. The committee may make rules of procedure or rules of practice for the conduct of an inquiry.

If necessary, the committee or one of its members makes the orders of procedure, based on the Code of Civil Procedure (chapter C-25), that are necessary for the carrying out of its duties.

1978, c. 19, s. 33.

276. The council may suspend a judge for the duration of an inquiry on him.

1978, c. 19, s. 33.

277. The committee submits the report of its inquiry and its recommendations to the council. It transmits that report to the Minister of Justice; in addition, it transmits a copy of its record of the inquiry in the case where the council makes the recommendation provided for in paragraph b of section 279.

1978, c. 19, s. 33.

278. If the report of the inquiry establishes that the complaint is not justified, the council notifies the judge concerned, the Minister of Justice and the plaintiff. That notice states the grounds on which it is based.

1978, c. 19, s. 33.

279. If the report of the inquiry establishes that the complaint is justified, the council, according to the recommendations of the report of the inquiry,

(a)  reprimands the judge; or

(b)  recommends that the Minister of Justice and Attorney General file a motion with the Court of Appeal in accordance with section 95.

If it makes the recommendation provided for in paragraph b, the council suspends the judge for a period of thirty days.

1978, c. 19, s. 33; 1980, c. 11, s. 101; 1988, c. 21, s. 62; 1988, c. 74, s. 9.

280. If the Minister of Justice and Attorney General, in accordance with section 95, files a motion with the Court of Appeal, the judge is suspended from office until the report of the Court.

1978, c. 19, s. 33; 1988, c. 21, s. 63.

281. The council may retain the services of an advocate or of another expert to assist the committee in the conduct of its inquiry.

1978, c. 19, s. 33.

CHAPTER IV MISCELLANEOUS PROVISIONS

1978, c. 19, s. 33.

282. The amounts required for the application of this part are taken out of the Consolidated Revenue Fund.

1978, c. 19, s. 33.

PART VIII FINAL PROVISIONS

1988, c. 21, s. 64.

282.1. The Minister of Justice is responsible for the administration of this Act.

1988, c. 21, s. 64.

283. (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.

SCHEDULE I

(Section 5.5)

Concurrent jurisdiction

       JUDICIAL         .     TERRITORY OVER WHICH CONCURRENT
       DISTRICTS        .        JURISDICTION IS EXERCISED
---------------------------------------------------------------
Abitibi, Pontiac,       .  Over the townships of Marrias,
Rouyn-Noranda           .  Granet, Fréville, Champredon,
and Témiscamingue       .  Casson, Lajoie, Membré, Entremont
                        .  Sagean, Foligny, Aulnay, Hamon,
                        .  Chalifoux, Sureau, Didace,
                        .  Chassin, Silly, Dudouyt, Yeo,
                        .  Villedonné, Rousson, Dieskau,
                        .  Gonthier and Lorimier.
---------------------------------------------------------------
Arthabaska and          .  Over the territory of the
Frontenac               .  municipalities of Lyster,
                        .  Sainte-Julie, Sainte-Sophie, the
                        .  town of Plessisville, the parishes
                        .  of Plessisville and
                        .  Notre-Dame-de-Lourdes and the
                        .  village of Laurierville.
---------------------------------------------------------------
Arthabaska and          .  Over the town municipalities of
Saint-François          .  Asbestos and Danville, the parish
                        .  municipalities of
                        .  Notre-Dame-de-Lourdes-de-Ham,
                        .  Saint-Adrien and Saint-Fortunat and
                        .  the township municipalities of
                        .  Ham-Nord and Shipton.
---------------------------------------------------------------
Arthabaska and          .  Over the territory of parts of the
Trois-Rivières          .  townships of Aston, Blanford and
                        .  Bulstrode.
---------------------------------------------------------------
Bedford and             .  Over the territory of the town
Saint-Hyacinthe         .  municipality of Saint-Césaire, the
                        .  village municipality of
                        .  Ange-Gardien, the parish
                        .  municipalities of
                        .  Saint-Ange-Gardien, Saint-Césaire,
                        .  Saint-Paul d’Abbotsford and the
                        .  township municipalities of
                        .  Sainte-Cécile de Milton and
                        .  Saint-Valérien de Milton.
---------------------------------------------------------------
Beauce, Mégantic        .  Over the territory of the village of
and Frontenac           .  La Guadeloupe and the municipality
                        .  of Saint-Évariste-de-Forsyth.
---------------------------------------------------------------
Frontenac and Mégantic  .  Over the territory of the parish
                        .  municipality of Courcelles and the
                        .  municipality of Lambton.
---------------------------------------------------------------
Hull and Labelle        .  Over the townships of Wright, Aylwin,
                        .  Northfield, Blake, McGill, Wells,
                        .  Bigelow and over that part of the
                        .  territory of the municipality of
                        .  Duhamel situated in the township of
                        .  Gagnon.
---------------------------------------------------------------
Hull and Pontiac        .  Judicial district of Pontiac.
---------------------------------------------------------------
Hull and Terrebonne     .  Over the territory of the township
                        .  municipality of Amherst and over
                        .  that part of the municipality of
                        .  Lac-des-Plages situated in the
                        .  township of Amherst.
---------------------------------------------------------------
Iberville and           .  Over the territory of the township
Beauharnois             .  municipalities of Havelock and
                        .  Hemmingford and the village of
                        .  Hemmingford.
---------------------------------------------------------------
Iberville and Bedford   .  Over the territory of the
                        .  municipality of Noyan,
                        .  Saint-Georges-de-Clarenceville,
                        .  Venise-en-Québec and the village of
                        .  Clarenceville.
---------------------------------------------------------------
Joliette and            .  Over the townships of Boullé and
Saint-Maurice           .  Troyes and, north of those
                        .  townships, over the whole territory
                        .  not subdivided into townships.
---------------------------------------------------------------
Kamouraska and          .  Over the townships of Biencourt and
Rimouski                .  Bédard.
---------------------------------------------------------------
Labelle and Pontiac     .  Over the townships of Fréville,
                        .  Champrodon, Membré, Entremont,
                        .  Sagean, Foligny, Chalifoux, Sureau,
                        .  Didace, Chassin, Devine, Yeo,
                        .  Villedonné, Rousson, Dieskau,
                        .  Loubias, Aux, Ryan, Beaumouchel,
                        .  Gaillard, Emard, Cardinal, Harris,
                        .  Lorrain, Sabaretti, Turquetil,
                        .  Charbonnel, Champagne, Bourbonnais,
                        .  Orléanais, Limousin, Picardie, Maine,
                        .  Isle-de-France, Angoumois, Artois,
                        .  Béliveau, Aunis, Church, Bretagne,
                        .  Dorion, Clapham and Alleyn.
---------------------------------------------------------------
Longueuil and           .  Over the territory of the parish
Beauharnois             .  municipality of Saint-Isidore.
---------------------------------------------------------------
Mégantic and Beauce     .  Over the territory of the villages
                        .  of Saint-Gédéon and Saint-Ludger,
                        .  the parish municipalities of
                        .  Saint-Gédéon and
                        .  Saint-Hilaire-de-Dorset, the
                        .  township municipalities of Gayhurst
                        .  (south-east part), Risborough and
                        .  part of Marlow and the
                        .  municipalities of Lac Drolet,
                        .  Saint-Robert-Bellarmin and
                        .  Saint-Sébastien.
---------------------------------------------------------------
Mégantic and            .  Over the territory of the town of
Saint-François          .  Scotstown, the village of La Patrie,
                        .  the township municipalities of
                        .  Ditton, Hampden and Lingwick and the
                        .  municipality of Chartierville.
---------------------------------------------------------------
Québec and Beauce       .  Over the village municipalities of
                        .  Saint-Anselme, Saint-Bernard and
                        .  Saint-Isidore, the parish
                        .  municipalities of Saint-Anselme,
                        .  Saint-Bernard, Sainte-Claire,
                        .  Saint-Édouard-de-Frampton,
                        .  Sainte-Hénédine, Saint-Isidore,
                        .  Saint-Léon-de-Standon,
                        .  Saint-Malachie, Sainte-Marguerite,
                        .  Saint-Maxime and
                        .  Saint-Nazaire-de-Dorchester;
                        .  Louis-Joliette and
                        .  Taschereau-Fortier.
---------------------------------------------------------------
Québec and              .  Over the village municipalities of
Montmagny               .  Armagh, Saint-Charles, Saint-Raphaël
                        .  and Saint-Vallier, the parish
                        .  municipalities of La Durantaye,
                        .  Notre-Dame-Auxiliatrice-de-Buckland,
                        .  Saint-Cajetan-d’Armagh,
                        .  Saint-Charles-Boromé,
                        .  Saint-Damien-de-Buckland,
                        .  Saint-Étienne-de-Beaumont,
                        .  Saints-Gervais et Protais,
                        .  Saint-Lazare, Saint-Michel,
                        .  Saint-Nérée, Saint-Philémon,
                        .  Saint-Raphaël and Saint-Vallier;
                        .  Honfleur and
                        .  Saint-Magloire-de-Bellechasse and
                        .  over an unorganized territory
                        .  comprising lots 548 to 572 of the
                        .  cadastre of the parish of
                        .  Saint-Michel.
---------------------------------------------------------------
Québec, Beauce          .  Over the parish municipalities of
and Montmagny           .  Saint-Camille-de-Lellis and
                        .  Sainte-Sabine.
---------------------------------------------------------------
Richelieu and Joliette  .  Over the town municipalities of
                        .  Berthierville and Saint-Gabriel, the
                        .  village municipality of Lavaltrie,
                        .  the parish municipalities of La
                        .  Visitation-de-la-Sainte-Vierge-de-
                        .  l’Isle-du-Pads,
                        .  Saint-Antoine-de-Lavaltrie,
                        .  Saint-Barthélémi, Saint-Cuthbert,
                        .  Saint-Damien,
                        .  Saint-Gabriel-de-Brandon,
                        .  Sainte-Geneviève-de-Berthier,
                        .  Saint-Ignace-de-Loyola,
                        .  Saint-Joseph-de-Lanoraie,
                        .  Saint-Michel-des-Saints,
                        .  Saint-Norbert, Saint-Viateur and
                        .  Saint-Zénon; Lanoraie-d’Autray and
                        .  Saint-Charles-de-Mandeville; over
                        .  the townships of De Maisonneuve,
                        .  Charland and Dupont and over an
                        .  unorganized territory comprised
                        .  between the northwesterly extension
                        .  of the southwest and northeast lines
                        .  of the township of Dupont and the
                        .  south line of the townships of
                        .  Chouart, Radisson and Gosselin.
---------------------------------------------------------------
Rimouski and Gaspé      .  Over the towns of Cap-Chat and
                        .  Sainte-Anne-des-Monts.
---------------------------------------------------------------
Roberval and Abitibi    .  Over the territory of Abitibi and
                        .  over that of Mistassini.  The whole
                        .  subject to the right of any
                        .  beneficiary of the Agreement
                        .  concerning James Bay and Northern
                        .  Québec to request, if he is party
                        .  to a suit, that any action brought
                        .  by or against him be heard in the
                        .  district of Abitibi and not in that
                        .  of Roberval.
---------------------------------------------------------------
Saint-François,         .  Over the territory of the township
Frontenac and           .  municipality of Stratford.
Mégantic                .                                      
---------------------------------------------------------------
Saint-Maurice           .  Over that part of the judicial
and Abitibi             .  district of Abitibi situated to the
                        .  south of the southern boundary of
                        .  the townships of Belmont, Lespinay,
                        .  Bressani, Chambalon, Beaucours and
                        .  Feuquières, to the east of meridian
                        .  75°31'32'' and to the north
                        .  of the northern boundary of the
                        .  proposed townships of Provancher,
                        .  Achintre, Sulte and the northern
                        .  boundary of the township of
                        .  Huguenin.  The whole subject to the
                        .  right of any beneficiary of the
                        .  Agreement concerning James Bay and
                        .  Northern Québec to request, if he is
                        .  party to a suit, that any action
                        .  brought by or against him be heard
                        .  in the district of Abitibi and not
                        .  in that of Saint-Maurice.
---------------------------------------------------------------
Saint-Maurice           .  Over the territory comprised within
and Québec              .  the townships of Biart, Bickerdike,
                        .  Borgia, Chasseur, Chaumonot,
                        .  Gendron, Laure, Lavoie, Lescarbot,
                        .  Michaux, Papin, Perrault, Trudel
                        .  and Rhodes.
---------------------------------------------------------------

The terms appearing in the right-hand column that refer to a municipal territory designate that territory despite the fact that they use the name of the municipality or an approximate designation.

1978, c. 19, s. 33; 1988, c. 21, s. 65; 1991, c. 70, s. 6; 1992, c. 20, s. 1; 1996, c. 2, s. 986.

SCHEDULE II

(Section 89)

Oath or solemn affirmation

I swear (or solemnly affirm) that I will faithfully, impartially and honestly, and to the best of my knowledge and abilities, fulfil all the duties and exercise all the powers of a judge of the Court of Québec.

1988, c. 21, s. 65.

SCHEDULE III

(Sections 249, 255.1 and 269.2)

Oath or affirmation of discretion

I swear (or solemnly affirm) that I will not reveal or disclose, unless authorized by law, anything that may come to my knowledge in the discharge of my duties.

1988, c. 21, s. 65; 1989, c. 45, s. 8; 1991, c. 70, s. 7; 1997, c. 76, s. 3.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 20 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed, except sections 1a to 1c and 4a, effective from the coming into force of chapter T-16 of the Revised Statutes.

Section 5.2 of this Act will be amended upon the coming into force of section 89 of chapter 85 of the statutes of 1987 on the date fixed by order of the Government.

Sections 246.31, 246.36 and 246.41 of this Act will be amended upon the coming into force of sections 37 to 39 of chapter 30 of the statutes of 1998 on the date or dates fixed by order of the Government.