T-16 - Courts of Justice Act

À jour au 5 novembre 2021

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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 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; 1999, c. 40, s. 324.

4.1. A special clerk contemplated in article 67 of the Code of Civil Procedure (chapter C-25.01) may, in accordance with that article, 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; I.N. 2016-01-01 (NCCP).

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 the first paragraph is an offence.

1984, c. 46, s. 32; 2001, c. 26, s. 170; 2015, c. 15, s. 229; 2020, c. 12, s. 159.

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 before 1 July 2002 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; 2002, c. 21, s. 33.

5.3.1. The municipality responsible for a municipal court that is under the authority of a president judge may entrust the administration of the pension plan of the judges of its court to Retraite Québec.

It may also entrust the administration of the employment benefits plan applicable to the judges of its court to the person or body responsible for the employment benefits plan of the judges of the Court of Québec.

The obligations of the municipality, the judges, Retraite Québec and any other person shall be determined by the agreement.

2002, c. 21, s. 34; 2015, c. 20, s. 61.

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.

Despite the Territorial Division Act (chapter D-11), the territory over which concurrent jurisdiction is exercised is deemed to be situated in the territory of each judicial district associated with it in accordance with Schedule I.

1988, c. 21, s. 7; 1995, c. 42, s. 2; 2017, c. 15, 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 22 judges: one chief justice called “Chief Justice of Québec” and 21 puisne judges.

It also includes not more than 20 supernumerary judges governed by the Judges Act (R.S.C.1985, c. 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; 2016, c. 33, s. 1.

7. Of the 22 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 15 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 22 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. The Chief Justice shall designate the judges who are to sit when the Court of Appeal holds sittings elsewhere than in those territories.

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; 2015, c. 26, s. 33; 2016, c. 33, s. 2.

8. No judge of the Court of Appeal shall sit in the Conseil exécutif, or in the National Assembly, or hold any other remunerated public office.

R. S. 1964, c. 20, s. 8; 1968, c. 9, s. 73, s. 90; 1974, c. 11, s. 8; 1977, c. 5, s. 14; 1999, c. 40, s. 324.

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 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; 1999, c. 40, s. 324.

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.

To ensure the proper management of the business of the Court of Appeal, the Chief Justice or, in his absence, the senior judge, may ask the Chief Justice of the Superior Court, in writing, to designate one or more judges of that court to sit as judges in the Court of Appeal when needed. Such a judge shall have all the powers and perform all the duties of a judge of the Court of Appeal.

R. S. 1964, c. 20, s. 12; 1974, c. 11, s. 9; 2014, c. 1, s. 829.

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 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; 1999, c. 40, s. 324.

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. (Repealed).

R. S. 1964, c. 20, s. 17; 1965 (1st sess.), c. 14, s. 81; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 2000, c. 8, s. 221.

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. On a decision of the Chief Justice made in accordance with the rules of the Court, the sittings of the Court may occasionally be held at the chief-place of another judicial district. It may also sit on any working day of the year, except Saturday, 26 December and 2 January.

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 absent or unable to act, 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; 1999, c. 40, s. 324; 2015, c. 26, s. 34; I.N. 2016-01-01 (NCCP).

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 working day of the year outside the terms fixed under section 18, subject to the provisions of article 82 of the Code of Civil Procedure (chapter C-25.01).

R. S. 1964, c. 20, s. 20; 1974, c. 11, s. 12; I.N. 2016-01-01 (NCCP).

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 157 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 (R.S.C. 1985, c. 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; 2001, c. 8, s. 1; 2009, c. 8, s. 1; 2012, c. 4, s. 1; 2016, c. 33, 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, Gatineau, 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; 2013, c. 29, s. 3.

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 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; 1999, c. 40, s. 324.

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 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; 1999, c. 40, s. 324.

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 remunerated public office.

R. S. 1964, c. 20, s. 26; 1968, c. 9, s. 74, s. 90; 1977, c. 5, s. 14; 1999, c. 40, s. 324.

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, 101 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 Gatineau, another of the district of Labelle, who shall also exercise his ordinary functions in the district of Gatineau, 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, four judges, including two with residence at Sherbrooke or in the vicinity and two with residence at Cowansville or in the vicinity;

(7)  for the districts of Gatineau, Labelle and Pontiac, with residence at Gatineau or in its immediate vicinity, five 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; 2001, c. 8, s. 2; 2009, c. 8, s. 2; 2012, c. 4, s. 2; 2013, c. 29, s. 4; 2016, c. 33, s. 4.

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 working days shall be term days therein, subject to the provisions of article 82 of the Code of Civil Procedure (chapter C-25.01).

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

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

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

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

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

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

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

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

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 82 of the Code of Civil Procedure (chapter C-25.01), all working 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; I.N. 2016-01-01 (NCCP).

§ 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. (Repealed).

R. S. 1964, c. 20, s. 53; 1970, c. 17, s. 101; 1995, c. 42, s. 47; I.N. 2016-01-01 (NCCP); 2016, c. 7, s. 183.

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 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 correctional facility 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; 2002, c. 24, s. 209; I.N. 2016-01-01 (NCCP).

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 Superior Court in criminal matters

1999, c. 40, s. 324.

72. (Repealed).

R. S. 1964, c. 20, s. 63; 1974, c. 11, s. 21; 1983, c. 54, s. 92; 1999, c. 40, s. 324.

73. Any clerk of the Superior Court, or any clerk of the Court of Québec, may be appointed Clerks of the Superior Court in criminal matters.

No Clerks of the Superior Court in criminal matters 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; 1999, c. 40, s. 324.

§ 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-25.01) 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; I.N. 2016-01-01 (NCCP).

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.

83.1. In cases where the law confers jurisdiction on the Court over an appeal of a decision made in the exercise of an adjudicative function, or over a contestation of a decision made in the exercise of an administrative function, the Court shall render its decision without being required to defer to the conclusions on issues of law ruled on by the decision under appeal or on any issues regarding the decision being contested.

Such jurisdiction shall be exercised exclusively by the judges of the Court designated by the chief judge on the basis of their notable experience, expertise, sensitivity and interest regarding the matter that is the subject of the appeal or the contestation.

Unless otherwise provided and with the necessary modifications, the appeal is governed by articles 351 to 390 of the Code of Civil Procedure (chapter C-25.01) and the proceeding to contest is governed by the rules of that Code that are applicable to a court of original jurisdiction.

2020, c. 12, s. 84.

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 308 judges, including the chief judge, the senior associate chief judge and four 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; 2002, c. 21, s. 35; 2012, c. 4, s. 3; 2016, c. 33, s. 5; 2020, c. 12, s. 152.

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. (Repealed).

1998, c. 30, s. 36; 2002, c. 21, s. 36.

89. Before entering upon his duties of office, every judge shall make the oath 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; 1999, c. 40, s. 324.

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, an associate chief judge for each division of the Court and an associate chief judge responsible for municipal courts.

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; 2002, c. 21, s. 37.

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.

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 a leave of absence with pay to be devoted to studies, research or any other legal activity compatible with the judicial function. The chief judge and the senior associate chief judge are entitled to a leave of absence of one year and an associate chief judge is entitled to a leave of absence of six months.

The second paragraph also applies to the president of the Human Rights Tribunal and to the chair of the Professions Tribunal. In their case, the leave of absence is six months and may be taken at the expiry of a term of office that is not renewed.

R. S. 1964, c. 20, s. 83; 1983, c. 54, s. 94; 1988, c. 21, s. 30; 1995, c. 42, s. 12; 1999, c. 62, s. 1; 2012, c. 4, s. 4.

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 permanent physical or mental disability which, in the opinion of the Government, prevents the judge from effectively performing the duties attached to judicial office shall be relieved from judicial duties. Unless the judge resumes judicial duties under the second paragraph, the judge is deemed to have ceased to hold office on the day preceding the day on which the judge satisfies any of the pension eligibility requirements set out in paragraphs 1, 2 and 3 of sections 224.3 and 228 and section 246.3, depending on the pension plan.

If the judge recovers, the Government may permit the judge to resume judicial duties at the same court, 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; 2001, c. 8, s. 3; 2005, c. 41, s. 1.

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.

The associate chief judge responsible for municipal courts has the direction of the municipal courts and, as such, his or her functions, in addition to the functions conferred under the Act respecting municipal courts (chapter C-72.01), shall be

(1)  to establish, concurrently with the municipal judges, general policies applicable to them and to ensure that the policies are respected;

(2)  to see that such regulations as are necessary for the exercise of the jurisdiction of the municipal courts are adopted and to supervise their application;

(3)  to ensure that judicial ethics are observed;

(4)  to promote the professional development of municipal judges in collaboration with the Conseil de la magistrature;

(5)  to provide support to municipal judges in their efforts to improve the operation of the municipal courts.

R. S. 1964, c. 20, s. 89; 1978, c. 19, s. 8; 1988, c. 21, s. 30; 1995, c. 42, s. 15; 2002, c. 21, s. 38; I.N. 2016-01-01 (NCCP).

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, to exercise the functions of the associate chief judge, either a judge of the division concerned in the case of an associate chief judge of a division, or a judge of the Court of Québec in the case of an associate chief judge responsible for municipal courts. The judge designated shall exercise such functions until the associate chief judge resumes his or her 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; 2002, c. 21, s. 39.

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 12 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; 2012, c. 4, s. 5.

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.

§ 3.1 . — Judge responsible for the professional development of judges of the Court

2005, c. 41, s. 2.

105.6. With the approval of the Government, the chief judge shall designate from among the judges of the Court a judge responsible for the professional development of judges of the Court for a term not exceeding three years. The term is renewable.

The chief judge shall determine the functions of the judge responsible for professional development.

2005, c. 41, s. 2.

105.7. The judge responsible for professional development shall remain in office notwithstanding the expiry of his term of office until he is replaced or designated for another term.

If the judge responsible for professional development is absent or unable to act, the chief judge may designate another judge to exercise the first judge’s functions until the first judge resumes his duties or is replaced.

2005, c. 41, s. 2.

§ 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.

Notwithstanding the first paragraph, only the judges of the Court designated by the chief judge shall exercise the jurisdiction conferred on the Court for the application of the provisions of the following Acts:

(1)  the Act respecting industrial accidents and occupational diseases (chapter A-3.001);

(2)  the Building Act (chapter B-1.1);

(3)  the Labour Code (chapter C-27);

(4)  the Act respecting collective agreement decrees (chapter D-2);

(5)  the Pay Equity Act (chapter E-12.001);

(6)  the National Holiday Act (chapter F-1.1);

(7)  the Act respecting workforce vocational training and qualification (chapter F-5);

(8)  the Act respecting piping installations (chapter I-12.1);

(9)  the Act respecting electrical installations (chapter I-13.01);

(10)  the Stationary Enginemen Act (chapter M-6);

(11)  the Act respecting labour standards (chapter N-1.1);

(12)  the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20);

(13)  the Act respecting occupational health and safety (chapter S-2.1).

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; 2001, c. 26, s. 171; 2007, c. 3, s. 72.

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, associate coordinating judge or judge responsible for the professional development of judges of the Court.

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; 2005, c. 41, s. 3.

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, associate chief judge, president of the Human Rights Tribunal or chair of the Professions Tribunal 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 the 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; 2012, c. 4, s. 6.

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, an associate coordinating judge or the judge responsible for the professional development of judges of the Court 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; 2005, c. 41, s. 4.

118. A retired judge authorized by the Government to exercise judicial functions assigned by the chief judge is entitled to receive for each working day the annual salary of a judge of the court, established pursuant to section 115, divided by the number of working days in the year.

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; 2002, c. 32, s. 5.

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 of expenses that may be incurred by judges in the carrying out of their duties and for which they may be reimbursed on presentation of vouchers.

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.

Reimbursable expenses do not include a judge’s personal expenses but they include expenses incidental to the judge’s functions and approved by the chief judge or a judge designated by the chief judge.

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; 2001, c. 8, s. 4.

121.1. A judge who, upon being appointed to the office of chief judge or senior associate chief judge, resides elsewhere than in the territory of Ville de Québec or in the immediate vicinity thereof, is entitled to a working residence allowance for the duration of the judge’s term of office as chief judge or senior associate chief judge. The amount and terms and conditions of payment of the allowance shall be established by order of the Government.

1977, c. 20, s. 144; 1988, c. 21, s. 30; 1999, c. 62, s. 2.

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 V.1 or 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. The Government may also specify in the plan the situations that entail the obligation for the judge to contribute to the plan and the conditions relating to the determination and payment of the contributions. It may, in addition, specify in the plan the years of service as a presiding justice of the peace in office to which the plan applies.

Unless expressly provided to the contrary, 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 or 175. However, the additional remuneration attached to the office of chief judge, senior associate chief judge, associate chief judge, president of the Human Rights Tribunal or chairman of the Professions Tribunal shall be included in those salaries only if the judge has held such an office for at least seven years. The remuneration paid to a coordinating judge, associate coordinating judge, judge responsible for the professional development of judges of the Court or justice responsible for presiding justices of the peace 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; 1999, c. 62, s. 3; 2001, c. 8, s. 5; 2005, c. 41, s. 5; 2009, c. 8, s. 3; 2017, c. 30, s. 1.

In this section, "judge" and "judges" also mean presiding justices of the peace, unless the context indicates otherwise. (S.Q. 2017, c. 30, s. 35)

122.0.1. The chief judge may, if consistent with the proper administration of justice, grant a leave without pay or a leave with deferred pay to a judge who applies for such a leave.

The Government may make an order determining the information, the terms and the conditions that such an agreement must contain.

1999, c. 62, s. 4; 2001, c. 8, s. 6.

122.1. Benefits accumulated during the marriage or civil union 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. 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; 2002, c. 6, s. 217.

122.2. Retraite Québec 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; 2015, c. 20, a. 61.

122.3. At least once every three years, Retraite Québec 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 and presiding justices of the peace, by the Government and, in respect of judges of the Municipal Courts to whom the plan provided for in Part V.1 or 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. The order may have effect from 1 January following the date on which the Minister of Justice receives the actuarial valuation or any later date fixed in the order.

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; 2001, c. 8, s. 7; 2005, c. 41, s. 6; 2015, c. 20, s. 61; 2017, c. 30, s. 2.

Rates of contribution of municipalities; see Order in Council 52-2019 dated 29 January 2019, (2019) 151 G.O. 2, 159.

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 122.2 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; 2005, c. 41, s. 7.

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 of the judges and the contributions of 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; 2001, c. 8, s. 8.

In this section, "judge" and "judges" also mean presiding justices of the peace, unless the context indicates otherwise (S.Q. 2017, c. 30, s. 35).

§ 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. Subject to the provisions of article 82 of the Code of Civil Procedure (chapter C-25.01), the Court may sit on any working 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; I.N. 2016-01-01 (NCCP).

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 answer to the summons or default of any party or witness summoned 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; I.N. 2016-01-01 (NCCP).

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 . — Court regulations

1988, c. 21, s. 30; I.N. 2016-01-01 (NCCP).

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 the most appropriate means of consultation, as determined by the chief judge, adopt for one or more judicial districts, such regulations 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 the most appropriate means of consultation, as determined by the chief judge, amend or replace the provisions of such regulations by special provisions applicable in their district only.

R. S. 1964, c. 20, s. 138; 1988, c. 21, s. 30; 1995, c. 42, s. 39; 2014, c. 1, s. 830; 2017, c. 18, s. 101.

147. The regulations in criminal and penal matters come into force fifteen days after the date of their publication in the Gazette officielle du Québec.

They must also be published so as to be easily accessible to the public, including through posting on the court’s website.

Other regulations are adopted in accordance with the Code of Civil Procedure (chapter C‑25.01).

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; 2014, c. 1, s. 831; 2017, c. 18, s. 102; 2020, c. 12, s. 72.

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; 2004, c. 12, s. 1.

DIVISION I ADMINISTRATIVE JUSTICES OF THE PEACE

2004, c. 12, s. 1.

158. Administrative justices of the peace are appointed by the Minister of Justice, by order.

The ministerial order confers on such justices of the peace jurisdiction over the whole territory of Québec or over the judicial districts or the territories indicated.

Administrative justices of the peace shall exercise their functions within the Superior Court and the Court of Québec or within a municipal court, as indicated in the order.

R. S. 1964, c. 20, s. 168; 1992, c. 61, s. 617; 2002, c. 32, s. 6; 2004, c. 12, s. 1.

159. Administrative justices of the peace shall exercise their functions during pleasure.

R. S. 1964, c. 20, s. 169; 1992, c. 61, s. 617; 2004, c. 12, s. 1.

160. Administrative justices of the peace shall exercise only the powers and functions determined in Schedule IV for the class assigned to them in their notice of appointment.

R. S. 1964, c. 20, s. 170; 1975, c. 7, s. 22; 1992, c. 61, s. 617; 2004, c. 12, s. 1.

DIVISION II PRESIDING JUSTICES OF THE PEACE

2004, c. 12, s. 1.

161. Presiding justices of the peace are appointed by the Government, by a commission under the Great Seal. They shall hold office during good behaviour.

The notice of appointment shall determine their place of residence.

The Government may, in accordance with sections 108, 110, 112 and 113 with the necessary modifications, modify the notice of appointment of a presiding justice of the peace with respect to the place of residence.

R. S. 1964, c. 20, s. 171; 1992, c. 61, s. 617; 2004, c. 12, s. 1.

162. Presiding justices of the peace are 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 practise the profession of advocate in Québec may be considered.

R. S. 1964, c. 20, s. 172; 1969, c. 26, s. 115; 1992, c. 61, s. 617; 2001, c. 31, s. 393; 2002, c. 32, s. 7; 2004, c. 12, s. 1.

162.1. (Replaced).

2002, c. 32, s. 7; 2004, c. 12, s. 1.

163. Presiding justices of the peace are chosen for appointment according to the selection procedure for persons apt for appointment as presiding justices of the peace established by government regulation. The regulation may, in particular,

(1)  determine how a person may apply for the office of presiding justice of the peace;

(2)  authorize the Minister of Justice to form a selection committee to evaluate the aptitude of candidates for the office of presiding justice of the peace and to provide the Minister with an assessment of the candidates;

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

(4)  determine the selection criteria to be taken into account by the committee; and

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

R. S. 1964, c. 20, s. 173; 1990, c. 4, s. 884; 1992, c. 61, s. 617; 2004, c. 12, s. 1.

164. Members of a 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 be reimbursed, however, subject to the conditions and to the extent determined by the Government.

R. S. 1964, c. 20, s. 174; 1990, c. 4, s. 885; 1992, c. 61, s. 617; 1996, c. 2, s. 982; 2004, c. 12, s. 1.

165. A presiding justice of the peace who reaches 70 years of age shall cease to hold office.

R. S. 1964, c. 20, s. 175; 1990, c. 4, s. 886; 1992, c. 61, s. 617; 2004, c. 12, s. 1.

165.1. At the request of the chief judge of the Court of Québec, the Government may, where it considers it serves the interests of justice, authorize, for the time it determines, a retired presiding justice of the peace to exercise the judicial functions that the chief judge assigns to him.

2012, c. 4, s. 7.

166. A presiding justice of the peace shall cease to hold office before reaching 70 years of age only upon retiring or resigning, or upon being dismissed or relieved from duties in the circumstances referred to in sections 167 and 168.

R. S. 1964, c. 20, s. 176; 1992, c. 61, s. 617; 2004, c. 12, s. 1.

167. The Government may dismiss a presiding justice of the peace 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. 177; 1992, c. 61, s. 617; 2004, c. 12, s. 1.

168. A presiding justice of the peace who is suffering from permanent physical or mental disability which, in the opinion of the Government, prevents the justice of the peace from effectively performing the duties of the office shall be relieved from duties. Unless the justice of the peace resumes duties under the second paragraph, the justice of the peace is deemed to have ceased to hold office on the day preceding the day on which the justice of the peace is eligible for his or her pension under paragraph 1, 2 or 3 of section 224.3.

If the justice of the peace recovers, the Government may permit him or her to resume duties.

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

R. S. 1964, c. 20, s. 178; 1992, c. 61, s. 617; 2004, c. 12, s. 1; 2017, c. 30, s. 3.

169. Presiding justices of the peace shall exercise their functions within the Court of Québec.

They are under the authority of the chief judge of that court. The chief judge shall coordinate, distribute and supervise the work of presiding justices of the peace, who must comply with the chief judge’s orders and directives.

Another function of the chief judge is to ensure that the judicial code of ethics is observed and to promote the professional development of presiding justices of the peace in collaboration with the Conseil de la magistrature.

R. S. 1964, c. 20, s. 179; 1990, c. 4, s. 887; 1992, c. 61, s. 617; 2004, c. 12, s. 1.

169.1. To assist him in coordinating and allocating work to the presiding justices of the peace, the chief judge may, with the approval of the Government, designate a justice responsible for presiding justices of the peace from among their number.

The term of office of the justice so designated is not more than three years and may be renewed.

2012, c. 4, s. 8.

169.2. The justice responsible for presiding justices of the peace shall remain in office notwithstanding the expiry of his term of office until he is replaced or designated for another term.

If the justice responsible for presiding justices of the peace is absent or unable to act, the chief judge may designate another presiding justice of the peace to perform his duties until he resumes his duties or is replaced.

2012, c. 4, s. 8.

170. The chief judge may designate any judge of the Court of Québec to assist him or her, to the extent specified, in exercising the functions and powers conferred on the chief judge by this Part.

R. S. 1964, c. 20, s. 180; 1990, c. 4, s. 888; 2004, c. 12, s. 1.

171. Presiding justices of the peace shall devote their time exclusively to duties of the office.

The office of presiding justice of the peace 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. 181; 1990, c. 4, s. 888; 2004, c. 12, s. 1.

172. Presiding justices of the peace have jurisdiction throughout Québec, wherever they may be assigned to exercise their functions by the chief judge.

R. S. 1964, c. 20, s. 182; 1990, c. 4, s. 889; 1992, c. 61, s. 617; 2004, c. 12, s. 1.

173. Presiding justices of the peace shall exercise only the functions and powers conferred on them by Schedule V.

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; 2004, c. 12, s. 1.

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. The Government shall fix, by order, the salary and conditions of employment of presiding justices of the peace, including their employment benefits other than the pension plan, and the additional remuneration attached to the office of justice responsible for presiding justices of the peace. The order determining the employment benefits other than the pension plan may establish the contribution of presiding justices of the peace.

The order shall also determine the conditions for reimbursement of the expenses incurred by presiding justices of the peace in the carrying out of their duties and the extent to which they are reimbursed. The conditions for reimbursement and the extent to which expenses are reimbursed may vary as concerns the justice responsible for presiding justices of the peace.

The order may provide for an annual vacation and leave plan and determine how vacation and leave are allocated.

R. S. 1964, c. 20, s. 185; 1990, c. 4, s. 890; 2004, c. 12, s. 1; 2012, c. 4, s. 9.

176. Before making an order under section 175, the Government must comply with the prescriptions of Part VI.4.

R. S. 1964, c. 20, s. 186; 1983, c. 54, s. 101; 1992, c. 61, s. 617; 2004, c. 12, s. 1.

177. An order under section 175 comes into force on the date of its publication in the Gazette officielle du Québec or any earlier or later date specified in the order.

R. S. 1964, c. 20, s. 187; 1983, c. 54, s. 102; 1992, c. 61, s. 617; 2004, c. 12, s. 1.

178. (Repealed).

R. S. 1964, c. 20, s. 188; 1983, c. 54, s. 103; 1992, c. 61, s. 617; 2004, c. 12, s. 1; 2017, c. 30, s. 4.

178.1. The justice designated to replace the justice responsible for presiding justices of the peace while he is absent or unable to act is entitled, for the period during which he holds that office, to the additional remuneration attached to it.

2012, c. 4, s. 10.

178.2. A retired presiding justice of the peace authorized by the Government to exercise judicial functions assigned by the chief judge is entitled to receive for each working day the annual salary of a presiding justice of the peace, determined under section 175, divided by the number of working days in a year.

2012, c. 4, s. 10.

179. The sums required for the carrying out of sections 175, 178.1 and 178.2 are taken out of the Consolidated Revenue Fund.

R. S. 1964, c. 20, s. 189; 1975, c. 7, s. 23; 1983, c. 54, s. 104; 1992, c. 61, s. 617; 2004, c. 12, s. 1; 2012, c. 4, s. 11.

DIVISION III COMMON PROVISIONS

2004, c. 12, s. 1.

180. Before taking office, a justice of the peace must make the oath prescribed in Schedule II before a judge of the Court of Québec.

R. S. 1964, c. 20, s. 190; 1992, c. 61, s. 617; 2004, c. 12, s. 1.

181. The Government may, by regulation, amend Schedules IV and V to modify, add to or reduce the functions and powers of presiding or administrative justices of the peace.

Despite sections 11 and 17 of the Regulations Act (chapter R-18.1), the regulation may be made after the expiry of 15 days from the publication of the draft regulation in the Gazette officielle du Québec and comes into force on the date of its publication in the Gazette officielle du Québec or any later date specified in the regulation.

R. S. 1964, c. 20, s. 191; 1985, c. 29, s. 37; 1992, c. 61, s. 617; 2004, c. 12, s. 1.

182. The clerk of the Court of Québec is ex officio the clerk of the justices of the peace who exercise their functions within that court and each of the clerk’s 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 the clerk’s deputies is competent to act as such.

R. S. 1964, c. 20, s. 192; 1969, c. 21, s. 35; 1992, c. 61, s. 617; 2004, c. 12, s. 1.

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.

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 Québec (or, as the case may be, for Québec and for outside Québec)”.

1965 (1st sess.), c. 17, s. 30; 1969, c. 19, s. 19; 1981, c. 23, s. 53; 2009, c. 8, s. 4.

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 in any case where an oath is required or permitted by the laws of Québec and they may, in particular, administer oaths in any case where a justice of the peace may do so.

Any affidavit 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, save in cases where the law permits such oath to be taken before a commissioner for oaths or a justice of the peace.

1965 (1st sess.), c. 17, s. 30; 1999, c. 40, s. 324.

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

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

(b)  the clerk and the deputy clerk of a court of justice, in the territory of the judicial district for which they are appointed, and any other personnel member designated by the clerk under article 67 of the Code of Civil Procedure (chapter C-25.01);

(c)  the mayor, the councillors, the clerk or clerk-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 des notaires du Québec, throughout Québec as well as outside Québec where the oath is taken in relation to a legal act having a connection with 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 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; 1999, c. 40, s. 324; 2000, c. 44, s. 103; 2009, c. 8, s. 5; 2012, c. 4, s. 12; I.N. 2016-01-01 (NCCP); 2021, c. 31, s. 132.

220. The same force and effect as a deposition under oath before a commissioner appointed under section 215 shall be given to an affidavit 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 of a person enrolled in the Canadian Armed Forces administered 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; 1999, c. 40, s. 324.

221. Commissioners appointed under sections 214 and 215 and persons mentioned in sections 219 and 220 cannot receive the affidavit 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; 1999, c. 40, s. 324.

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.

1966-67, c. 18, s. 15; 1988, c. 62, s. 4; 1999, c. 40, s. 324.

223. Every peace officer shall be competent to administer the oath 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; 1999, c. 40, s. 324.

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. However, if the amount of the costs and fees is determined by the clerk after the filing of a proceeding or other document, the proceeding or document may be filed if the costs or fees are paid not later than two working days after the notification of a notice indicating their amount.

The date of filing and, where applicable, the date of payment and the amount of the costs and fees must be affixed to the proceeding, the document or a document filed with it.

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; 2020, c. 29, s. 65.

PART V.1 PENSION PLAN OF JUDGES OF THE COURT OF QUÉBEC, JUDGES OF CERTAIN MUNICIPAL COURTS AND PRESIDING JUSTICES OF THE PEACE

2001, c. 8, s. 9; 2017, c. 30, s. 5.

In this Part, "judge" and "judges" also mean presiding justices of the peace, unless the context indicates otherwise (S.Q. 2017, c. 30, s. 35).

CHAPTER I SCOPE

2001, c. 8, s. 9.

224.1. The pension plan established by this Part applies to judges of the Court of Québec appointed after 31 December 2000. It also applies to judges of that court appointed before 1 January 2001 and still in office on that date, insofar as they elected to participate in the plan before 1 January 2002.

It also applies to judges of municipal courts that are under the authority of a president judge, to the extent determined by an order in council under the second paragraph of section 49 of the Act respecting municipal courts (chapter C-72.01), and to presiding justices of the peace.

2001, c. 8, s. 9; 2002, c. 21, s. 40; 2017, c. 30, s. 6.

CHAPTER II CONTRIBUTIONS

2001, c. 8, s. 9.

224.2. A judge must pay, as contributions to this plan, an amount corresponding to a percentage of the judge’s annual salary. That percentage is established by government regulation and may vary according to the conditions prescribed in the regulation. The annual salary of a judge is the salary fixed by order under section 115 or 175. However, the additional remuneration paid to a chief judge, senior associate chief judge, associate chief judge, coordinating judge, associate coordinating judge, judge responsible for the professional development of judges of the Court or justice responsible for presiding justices of the peace and all other remuneration paid to a judge referred to in sections 131 to 134 shall be excluded from the salary.

Where a judge is granted leave without pay under section 122.0.1 or 175, the judge’s annual salary for the purposes of this section is the salary to which the judge would have been entitled pursuant to the order made under section 115 or 175 had the judge exercised the functions attached to the judge’s office during the year concerned. The annual salary of a judge who is granted leave with deferred pay under section 122.0.1 or 175 is the salary received by the judge in each of the years the judge was on leave.

A judge must also pay the contributions provided for in the first paragraph on any lump sum received as a salary increase or adjustment for a preceding year. The same rule applies to a judge who has ceased to hold office.

The judge shall pay the contributions provided for by this section until the date on which the judge ceases to hold office, subject to the applicable fiscal rules.

2001, c. 8, s. 9; 2002, c. 32, s. 8; 2005, c. 41, s. 8; 2009, c. 8, s. 6; 2015, c. 11, s. 1; 2017, c. 30, s. 7.

CHAPTER III PENSION AND REFUND

2001, c. 8, s. 9.

224.3. A judge who ceases to hold office is eligible for a pension if the judge

(1)  has reached 65 years of age;

(2)  has accumulated at least 21.7 years of service;

(3)  has, in years of age and years of service, a combined total of 80 or more;

(4)  has reached 55 years of age and accumulated at least five years of service.

2001, c. 8, s. 9; 2005, c. 41, s. 9.

224.3.1. The number of years and parts of a year of service considered for pension eligibility purposes under section 224.3, with respect to the years and parts of a year transferred in accordance with section 224.30, is

(1)  for the purposes of paragraphs 2 and 4 of section 224.3, the number of years and parts of a year of service recognized for eligibility purposes under the Act respecting the Pension Plan of Management Personnel (chapter R-12.1) that have been transferred; and

(2)  for the purposes of paragraph 3 of section 224.3, half of the number of years and parts of a year of service recognized for eligibility purposes under the Act respecting the Pension Plan of Management Personnel that have been transferred.

2017, c. 30, s. 8.

224.4. A judge under 65 years of age who, upon ceasing to hold office, has less than two years of service is entitled to a refund of the contributions the judge paid and those transferred to this pension plan, with accrued interest, unless the judge elects to transfer such years or parts of a year of service to another pension plan pursuant to a transfer agreement made under section 246.24.

If the judge dies before obtaining the refund, the judge’s contributions shall be refunded to the judge’s spouse or, if the judge leaves no spouse, to the judge’s heirs.

2001, c. 8, s. 9; 2017, c. 30, s. 9.

224.5. For the purposes of this pension plan, the contributions paid, including those from which a judge was exempt, bear interest at the rate fixed by regulation, from the midpoint of the year in which they were paid until the first day of the month in which the payment of benefits begins or in which the contributions are refunded.

The contributions transferred to this pension plan also bear interest at the same rate from the date of their transfer until the first day of the month in which the payment of benefits begins or in which the contributions are refunded.

2001, c. 8, s. 9; 2017, c. 30, s. 10.

224.6. A judge who, upon ceasing to hold office, has two years of service or more but does not satisfy any of the requirements set out in section 224.3, is entitled to a deferred pension payable at 65 years of age, computed in accordance with sections 224.8 and 224.9, unless the judge elects to transfer such years or parts of a year of service to another pension plan pursuant to a transfer agreement made under section 246.24.

A deferred pension confers on the judge’s spouse, children or heirs, from the time it becomes payable, the same rights as those provided in the case of a judge who is in receipt of a pension.

The deferred pension of a judge is cancelled if the judge is reappointed to an office to which pensionable service is attached under this pension plan, and the years or parts of a year of service accumulated are added to those already credited.

2001, c. 8, s. 9.

CHAPTER IV COMPUTATION AND PAYMENT OF THE PENSION

2001, c. 8, s. 9.

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

(1)  during which a judge of the Court of Québec or of the municipal court of a municipality that is a party to this pension plan held judicial office or during which a judge was granted leave without pay or leave with deferred pay under section 122.0.1, to the extent that the judge has paid the contributions required under section 224.2, and subject to the applicable fiscal rules ;

(1.1)  subsequent to 31 December 2016 and during which a presiding justice of the peace held judicial office or was granted leave without pay or leave with deferred pay under section 175, to the extent that the justice paid the contributions required under section 224.2, and subject to the applicable fiscal rules;

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

(3)  of past service credited pursuant to a transfer agreement made under section 246.24 or pursuant to section 224.30;

(4)  in respect of which the judge receives benefits, as a salary replacement under an employee benefits plan established under the first paragraph of section 122 or, where applicable, under an equivalent plan in effect in a municipality that is a party to this pension plan, including any year or part of a year during which the judge was relieved from judicial duties under section 93.1;

(5)  subsequent to 31 December 2016 and in respect of which a presiding justice of the peace receives benefits, as a salary replacement under an employee benefits plan established under section 175, including any year or part of a year during which the justice was relieved from duties under section 168.

The Government shall fix, by order, the conditions that must be fulfilled so that a year or part of a year during which a judge was granted leave without pay or leave with deferred pay may be counted for the purposes of the pension plan.

If a judge has received, in respect of certain years, a refund of contributions paid including the contributions from which the judge was exempt, and has not repaid those contributions as permitted by sections 224.26, 244.9 and 244.10, such years shall be taken into account for pension eligibility purposes only. The same applies to years of service in respect of which a judge received a refund of the contributions transferred to this plan.

A year or part of a year of service shall not be counted under this plan if it is counted under another pension plan.

A judge shall not accumulate service and shall not acquire entitlement to any additional amount of pension under this plan after 30 December of the year in which the judge reaches 69 years of age.

2001, c. 8, s. 9; 2017, c. 30, s. 11.

224.8. The annual amount of a judge’s pension is equal to the amount obtained by multiplying the judge’s average salary by 1.5% per year of credited service. 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 the judge retires, by the number of years of credited service.

Notwithstanding the first paragraph, the annual amount of a judge’s pension, including the amounts to which the judge is entitled as supplementary benefits under the plan established pursuant to the second paragraph of section 122, shall not exceed 65% of the judge’s average salary.

2001, c. 8, s. 9.

224.9. The average salary of a judge is the average salary for the three best remunerated years of service or, if the judge has less than three years of service, the average salary for all of the judge’s years of service.

To determine a judge’s average salary, the annual salaries taken into consideration are those of all the years of service of the judge as fixed by an order under section 115 or 175. However, the additional remuneration attached to the office of chief judge, senior associate chief judge, associate chief judge, president of the Human Rights Tribunal or chairman of the Professions Tribunal shall be included in those salaries only if the judge has held such an office for at least seven years. The additional remuneration paid to a coordinating judge, associate coordinating judge, judge responsible for the professional development of judges of the Court or justice responsible for presiding justices of the peace and any other remuneration paid to a judge to whom sections 131 to 134 apply shall be excluded from such salaries.

Any lump sump paid as a salary increase or adjustment for a preceding year forms part of the salary for that year.

A judge having held the office of chief judge, senior associate chief judge or associate chief judge for at least seven years is deemed, for the sole purpose of determining the amount of the judge’s pension, to have received, for each of the years taken into consideration, an annual salary at least equivalent to that of a puisne judge.

For the purposes of this section, the salary pertaining to a year of service during which the judge was granted leave without pay or leave with deferred pay under section 122.0.1 or 175 is the salary the judge would have received if the judge had not been granted such leave.

2001, c. 8, s. 9; 2004, c. 41, s. 1; 2005, c. 41, s. 10; 2009, c. 8, s. 7; 2017, c. 30, s. 12.

224.10. The pension of a judge who availed himself of paragraph 2 of section 224.3 shall be reduced, if applicable, for its duration, by the amount resulting from the application of the minimum reduction provided for in the Income Tax Act (Revised Statutes of Canada (1985), chapter 1, 5th Supplement).

The pension of a judge who availed himself of paragraph 4 of section 224.3 shall be reduced, for its duration, by the amount obtained by multiplying the amount of the pension established pursuant to the first paragraph of section 224.8 by 0.5% per month, computed for each month comprised between the date on which payment of the pension begins and the nearest date on which the judge would otherwise have been eligible for a pension under section 224.3. However, the amount thus obtained may not be less than the amount that would have been obtained under the first paragraph.

2001, c. 8, s. 9; 2005, c. 41, s. 11.

224.11. A pension paid to a judge under this pension plan is a life pension and payment must begin on or before 31 December of the year in which the judge reaches 69 years of age.

The latter rule does not, however, apply to a judge who continues to hold office after that date; in such a case, payment of the pension begins when the judge applies therefor to Retraite Québec.

The annual amount of a judge’s pension that begins to be paid after 31 December of the year in which the judge reaches 69 years of age is the same as the amount to which the judge would have been entitled if payment of the pension had begun on that date. Furthermore, in such a case, the judge is not entitled to any retroactive pension payment.

2001, c. 8, s. 9; 2002, c. 32, s. 9; 2015, c. 20, a. 61.

CHAPTER V DEATH BENEFITS

2001, c. 8, s. 9.

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

2001, c. 8, s. 9.

224.13. From the day the payment of the pension of a judge ceases by reason of death or from the day a judge dies while in office and before being entitled to a pension, a life pension equal to 50% of the pension the judge was receiving or would have received if the judge had been entitled to the payment of a pension at the time of death shall be granted to the judge’s spouse.

If a judge dies while in office, before being entitled to a pension, and leaves no spouse or child who satisfies any of the requirements set out in section 224.18, the judge’s heirs are entitled to a refund of the contributions paid and those transferred to this plan, with accrued interest.

If a judge who, upon ceasing to hold office, was entitled only to a deferred pension dies before reaching 65 years of age, the judge’s contributions shall be refunded, with interest, to the judge’s spouse or, if the judge leaves no spouse, to the judge’s heirs. The same applies to a judge who dies having accumulated less than two years of service.

2001, c. 8, s. 9; 2017, c. 30, s. 13.

224.14. For the purposes of this pension plan, the spouse of a judge is the person who, at the time of the judge’s death,

(1)  is married to or in a civil union with the judge;

(2)   has been living in a de facto union with the judge, the latter being neither married nor in a civil union, whether the person is of the same or opposite sex, for not less than three years, or for not less than one year if

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

(b)  they have jointly adopted a child during their de facto union; or if

(c)  one of them has adopted the child of the other during that de facto union.

2001, c. 8, s. 9; 2002, c. 6, s. 218.

224.15. If a judge died before reaching 65 years of age and was not eligible for a pension under paragraph 3 of section 224.3, the pension the judge would have received is, for the purpose of computing the spouse’s pension, reduced in accordance with the first paragraph of section 224.10.

2001, c. 8, s. 9; 2005, c. 41, s. 12; 2017, c. 30, s. 14.

224.16. Judges may, before ceasing to hold office, elect to reduce their pension to allow their spouse to benefit from a pension that is more advantageous than the pension provided for in section 224.13. This reduction may, at the judge’s option, be equal to 3.5%, in which case the spouse will be entitled to a pension equal to 60% of the reduced pension, or 5.7%, in which case the spouse will be entitled to a pension equal to 66 2/3% of the reduced pension.

The election is irrevocable from the time the judge ceases to hold office, 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.

2001, c. 8, s. 9.

224.17. 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.

2001, c. 8, s. 9.

224.18. To be entitled to a pension under section 224.17, 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 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 224.17.

2001, c. 8, s. 9.

224.19. The pension of a minor child is granted until the child reaches majority.

The pension of a child of full age who is a full-time student in an educational institution is granted until the child reaches 25 years of age for the period during which the child 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.

2001, c. 8, s. 9.

224.20. The pension granted to a child is paid from the day on which payment of the spouse’s pension begins 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 224.18 is paid from the first day of the month following the date on which the child 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.

2001, c. 8, s. 9.

224.21. 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.

2001, c. 8, s. 9.

224.22. If the total of the amounts paid as pension to a judge or to a judge’s spouse and children, including the amounts paid as supplementary benefits under the plan established pursuant to the second paragraph of section 122, is less than the total of the contributions paid and those transferred to this plan, with accrued interest, the difference shall be refunded to the judge’s heirs when payment of a pension to the last person entitled to it ceases.

For the purposes of this section, contributions shall bear interest until the date of the first payment of benefits.

2001, c. 8, s. 9; 2017, c. 30, s. 15.

CHAPTER VI MISCELLANEOUS PROVISIONS

2001, c. 8, s. 9.

224.23. Every pension is indexed annually, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), by the rate of increase of the Pension Index determined in accordance with that Act.

The first index adjustment of a pension, other than a deferred pension, is made

(1)  in the proportion that the number of days for which the pension was paid or would have been paid in the year in which the judge ceased to hold office bears to the total number of days in that year;

(2)  in the case of a judge who continues to hold office after 30 December of the year in which the judge reaches 69 years of age, in the proportion that the number of days for which the pension was paid or would have been paid in the year in which the pension began to be paid bears to the total number of days in that year;

(3)  in the case of a pension granted to the spouse or child of a judge who was eligible for a pension at the time of death, in the proportion that the number of days for which the pension was paid or would have been paid in the year of death bears to the total number of days in that year.

The first index adjustment of a deferred pension is made on 1 January following the date on which the judge reaches 65 years of age in the proportion that the number of days for which the pension was paid or would have been paid in the year of the judge’s sixty-fifth birthday bears to the total number of days in that year.

2001, c. 8, s. 9; 2008, c. 4, s. 1; 2009, c. 8, s. 8.

224.24. For the purposes of a refund of contributions paid, the contributions from which the judge was exempt for a period during which the judge received, as a salary replacement, benefits under an employment benefits plan established under the first paragraph of section 122 or under section 175 or, as the case may be, under an equivalent plan in effect in a municipality that is a party to this pension plan, shall be considered as having effectively been paid.

2001, c. 8, s. 9; 2017, c. 30, s. 16.

224.25. A retired judge authorized by the Government to exercise judicial functions shall continue to receive a pension. The judge shall not acquire entitlement to any additional amount of pension.

A retired judge who receives a salary for holding any office under the Government of Québec or, in the case of a judge of a municipal court, any other office with a municipality shall continue to receive a pension. However, a sum equal to the amounts the judge receives as pension and, if applicable, as supplementary benefits granted under the plan established pursuant to the second paragraph of section 122, shall be deducted from the judge’s salary.

2001, c. 8, s. 9; 2002, c. 32, s. 10.

224.26. Sections 244.9 and 244.10 apply to this pension plan. Those provisions also apply in the case of a judge who has received a refund of the contributions paid by the judge or from which the judge was exempt after 31 December 2000, and of those transferred to this plan, with the necessary modifications.

2001, c. 8, s. 9; 2017, c. 30, s. 17.

224.27. Arbitration under section 245 applies to disputes resulting from the application of a provision of this Part.

2001, c. 8, s. 9.

224.28. Any amount paid or refunded under this pension plan is inalienable and unseizable.

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

2001, c. 8, s. 9; 2002, c. 6, s. 219.

224.29. The Government may, by regulation, establish the rate of interest applicable to the contributions paid into this pension plan, the rules for the determination of that rate and the method of computing interest on those contributions.

The same applies to contributions transferred to this plan.

2001, c. 8, s. 9; 2017, c. 30, s. 18.

224.30. With regard to a person who held office as a presiding justice of the peace on 31 December 2016, the years and parts of a year credited under the Act respecting the Pension Plan of Management Personnel (chapter R-12.1) while the person held office may be credited under the pension plan provided for in this Part on an actuarially equivalent basis established at 31 December 2016, if the application is received by Retraite Québec not later than 16 March 2020.

The years and parts of a year of service are so credited, beginning with the most recent service, until the actuarial value of the benefits established for those years and parts of a year of service under the pension plan provided for in this Part reaches the actuarial value of the benefits accrued by the person under the Pension Plan of Management Personnel, without exceeding the service credited to the person under that plan.

The actuarial value of the benefits accrued under the Pension Plan of Management Personnel is established in accordance with the actuarial economic assumptions and actuarial methods used in the actuarial valuation prepared in accordance with section 246.26 and on the basis of the data as at 31 December 2013 and the actuarial demographic assumptions used in the actuarial valuation of the Pension Plan of Management Personnel that was the subject of a report received by the Minister responsible for the Act respecting the Pension Plan of Management Personnel on 24 October 2016. However, that actuarial value must be at least equal to the higher of the following amounts: the total of the contributions, including any interest accrued under sections 73, 77, 205 and 206 of the Act respecting the Pension Plan of Management Personnel until the date of the transfer, and the actuarial value of the benefits accrued, established in accordance with the actuarial assumptions and methods prescribed by the regulation made under subparagraph 2 of the first paragraph of section 215.13 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

The actuarial value of benefits recognized under the pension plan provided for in this Part is established in accordance with the actuarial assumptions and methods used in the actuarial valuation prepared in accordance with section 246.26 and on the basis of the data as at 31 December 2013.

This section does not apply to years and parts of a year credited to a presiding justice of the peace under the Act respecting the Pension Plan of Management Personnel while he held office as a justice of the peace before 30 June 2004.

2017, c. 30, s. 19; 2019, c. 16, s. 1.

224.30.1. A person whose years and parts of a year of service are credited under the pension plan provided for in this Part and under section 224.30 may have an amount corresponding to the value of the benefits accrued to the person under the Pension Plan of Management Personnel transferred to that pension plan, except for the benefits accrued in connection with the person’s holding office as a presiding justice of the peace after 29 June 2004. The value is established at 31 December 2016 under the third paragraph of section 224.30. The transfer gives entitlement to a deferred life annuity payable at 65 years of age, which shall be added to the pension accrued under the pension plan provided for in this Part.

The transfer application shall be made by 16 March 2020.

Retraite Québec shall determine the amount of the deferred pension at 31 December 2016 on the basis of the value established in the first paragraph and according to the actuarial assumptions and methods used in the actuarial valuation prepared in accordance with section 246.26 and on the basis of the data as at 31 December 2013.

The deferred pension is indexed annually in accordance with the first paragraph of section 224.23, beginning on 1 January following the date on which it becomes payable.

Section 246.23.3 applies, with the necessary modifications, to the deferred pension.

2019, c. 16, s. 2.

224.31. The spouse of a person who held office as a presiding justice of the peace on 31 December 2016 and who died after that date but before 17 March 2020 may, in the person’s place and stead, make the application referred to in the first paragraph of section 224.30, in accordance with the same conditions as those applicable to the person and to the extent that Retraite Québec has not already received an application from the person.

2017, c. 30, s. 19; 2019, c. 16, s. 3.

224.32. The contributions transferred to this plan under sections 224.30 and 246.24 include any amount paid by the judge and any contribution from which the judge was exempt under another pension plan and which has been transferred to this plan. They also include any interest accrued on such amounts in accordance with the relevant pension plan and transferred to this plan.

2017, c. 30, s. 19.

PART VI PENSION PLAN OF CERTAIN JUDGES APPOINTED BEFORE 1 JANUARY 2001

1978, c. 19, s. 33; 1990, c. 44, s. 6; 2001, c. 8, s. 10.

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 between 29 May 1978 and 1 January 2001, to the extent that they have not elected to participate in the pension plan provided for in Part V.1, and to judges of the Court of Québec appointed before 30 May 1978 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 and who have not elected to participate in the pension plan provided for in Part V.1.

The plan also applies to the judges of the municipal courts of Laval, Montréal and Québec, to the extent determined by an order in council under the second paragraph of section 49 of the Act respecting municipal courts (chapter C-72.01).

1978, c. 19, s. 33; 1988, c. 21, s. 48; 1990, c. 44, s. 7; 1991, c. 79, s. 6; 2001, c. 8, s. 11; 2002, c. 21, s. 41.

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 permanent physical or mental disability within the meaning of section 93.1 and who, before 1 January 1992, became eligible for income replacement benefits under an employment benefits plan established under section 122, shall be eligible for retirement with a pension on or before 31 December of the year in which the judge reaches 71 years of age, even if the judge continues to receive such benefits.

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.

1978, c. 19, s. 33; 1990, c. 44, s. 9; 1991, c. 79, s. 7; 2001, c. 8, s. 12; 2002, c. 32, s. 11.

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;

(4)  he has reached 55 years of age and has five years of service or more to his credit.

1978, c. 19, s. 33; 1990, c. 44, s. 9; 1991, c. 79, s. 8; 2005, c. 41, s. 13.

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, or during which the judge was granted leave without pay or leave with deferred pay under section 122.0.1, subject to the applicable fiscal rules;

(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.

The Government shall fix, by order, the conditions that must be fulfilled so that a year or part of a year during which a judge was granted leave without pay or leave with deferred pay may be counted for the purposes of the pension plan.

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; 2005, c. 41, s. 14.

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 (R.S.C 1985, c. 1, (5th Suppl.)). However, the additional remuneration attached to the office of chief judge, senior associate chief judge, associate chief judge, president of the Human Rights Tribunal or chairman of the Professions Tribunal shall be included in those salaries only if the judge has held such an office for at least seven years. The remuneration paid to a coordinating judge, associate coordinating judge or judge responsible for the professional development of judges of the Court and any other remuneration paid to a judge to whom sections 131 to 134 apply shall be excluded from those salaries.

Any lump sump paid as a salary increase or adjustment for a preceding year forms part of the salary for that year.

A judge having held the office of chief judge, senior associate chief judge or associate chief judge for at least seven years is deemed, for the sole purpose of determining the amount of the judge’s pension, to have received, for each of the years taken into consideration, an annual salary at least equivalent to that of a puisne judge.

For the purposes of this section, the salary pertaining to a year of service covered by an agreement granting leave without pay or leave with deferred pay under section 122.0.1 is the salary the judge would have received if the judge had not been a party to such an agreement.

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; 1999, c. 62, s. 5; 2004, c. 41, s. 2; 2005, c. 41, s. 15; 2009, c. 8, s. 9.

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 availed himself of paragraph 3 of section 228 is reduced, if applicable, for its duration, by the amount resulting from the application of the minimum reduction provided for in the Income Tax Act (Revised Statutes of Canada (1985), chapter 1, 5th Supplement).

The pension of a judge who is eligible for retirement under paragraph 4 of section 228 shall be reduced, for its duration, by the amount obtained by multiplying the amount of the pension established pursuant to the first paragraph of section 230 by 0.5% per month, computed for each month comprised between the date on which the judge is eligible for retirement and the nearest date on which the judge would otherwise have been eligible for retirement under section 228.

1991, c. 79, s. 14; 1992, c. 67, s. 96; 2005, c. 41, s. 16.

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 or in a civil union with the judge;

(2)  has been living with the judge, the latter being neither married nor in a civil union, 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; 2002, c. 6, s. 220.

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 the first paragraph of 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; 2005, c. 41, s. 17.

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. (Repealed).

1990, c. 44, s. 11; 1991, c. 79, s. 19; 1997, c. 7, s. 38; 1997, c. 7, s. 63; 2001, c. 8, s. 13.

244.3. A retired judge who is authorized by the Government to exercise judicial functions shall continue to receive a pension. 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 a pension. However, a sum equal to the amounts the judge receives as pension and, if applicable, as supplementary benefits granted under the plan established pursuant to the second paragraph of section 122, shall be deducted from the judge’s salary.

1990, c. 44, s. 11; 1991, c. 79, s. 20; 1997, c. 7, s. 39; 1997, c. 7, s. 63; 2002, c. 32, s. 12.

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 Retraite Québec 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 Retraite Québec, but not exceeding ten years. Any amount remaining unpaid 30 days from the date of mailing by Retraite Québec 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; 2015, c. 20, a. 61.

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 Retraite Québec 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 Retraite Québec 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 Retraite Québec 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 Retraite Québec 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; 2015, c. 20, s. 61.

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 but prior to 1 January 2000, by the excess of the rate over 3%;

(3)  for that part attributable to service subsequent to 31 December 1999, in accordance with the formula set out in subparagraph 2, or by one-half of the rate of increase in the Pension Index, whichever formula is more advantageous to the judge.

Where the number of years of service credited exceeds 35 years, subparagraphs 1 to 3 of the first paragraph are applied in the order which is the most advantageous to the judge.

The first index adjustment of a pension, other than a deferred pension, is made

(1)  in the proportion that the number of days for which the pension was paid or would have been paid in the year in which the judge ceased to hold office bears to the total number of days in that year;

(2)  in the case of a judge who continues to hold office after 30 December of the year in which the judge reaches 71 years of age, in the proportion that the number of days for which the pension was paid in the year in which the pension began to be paid bears to the total number of days in that year;

(3)  in the case of a pension granted to the spouse or child of a judge who was eligible for a pension at the time of death, in the proportion that the number of days for which the pension was paid or would have been paid in the year of death bears to the total number of days in that year.

The first index adjustment of a deferred pension is made on 1 January following the date on which the judge reaches 65 years of age in the proportion that the number of days for which the pension was paid or would have been paid in the year of the judge’s sixty-fifth birthday bears to the total number of days in that year.

1990, c. 44, s. 11; 1991, c. 79, s. 23; 1992, c. 67, s. 98; 2002, c. 32, s. 13; 2009, c. 8, s. 10.

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 married or civil union spouses of the family patrimony, the payment of support or the payment of a compensatory allowance.

1990, c. 44, s. 11; 2002, c. 6, s. 221.

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 Retraite Québec 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 an application by one party served on the other, by a judge of the Superior Court.

Title II of Book VII of the Code of Civil Procedure (chapter C-25.01) applies, with the necessary modifications, to his arbitration.

1978, c. 19, s. 33; 1983, c. 24, s. 91; 1986, c. 61, s. 46; 2015, c. 20, s. 61; I.N. 2016-01-01 (NCCP).

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 APPOINTED BEFORE 30 MAY 1978

1988, c. 21, s. 52; 1990, c. 44, s. 13; 2001, c. 8, s. 14.

246.2. The pension plan established by this Part applies to those judges of the Court of Québec to whom the plans provided for in Parts V.1 and VI do 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; 2001, c. 8, s. 15.

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 married or civil union 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; 2002, c. 6, s. 222.

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 the judge’s spouse, or if he or she leaves no married or civil union spouse, to his or her 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; 2002, c. 6, s. 223.

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 or she ceases to hold office, is entitled only to a refund of the amounts he or she paid to benefit from the indexing provided for in the second paragraph of section 246.14.1, unless he or she transfers his or her years of service to another pension plan pursuant to a transfer agreement made pursuant to section 246.24. If he or she dies before having obtained the refund, the amounts shall be paid to his or her married or civil union spouse or, if he or she leaves no spouse, to his or her heirs.

If a judge dies while in office and leaves no married or civil union spouse entitled to a pension, his or her 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 or her married or civil union 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; 2002, c. 6, s. 224.

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 Retraite Québec 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; 2015, c. 20, s. 61.

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 married or civil union spouses of the family patrimony, the payment of support or the payment of a compensatory allowance.

1990, c. 44, s. 21; 2002, c. 6, s. 225.

PART VI.2 PARTITION AND ASSIGNMENT OF BENEFITS BETWEEN SPOUSES

1990, c. 5, s. 51.

In this Part, "judge" and "judges" also mean presiding justices of the peace, unless the context indicates otherwise (S.Q. 2017, c. 30, s. 35).

246.15. This Part shall be administered by Retraite Québec, and any decision rendered by Retraite Québec under this Part, other than decisions relating to the establishment and assessment of the benefits accrued under the pension plans provided for in Parts V.1, 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; 2001, c. 8, s. 16; 2015, c. 20, s. 61.

246.16. From the introduction of an application for separation from bed and board, divorce or marriage annulment, for the dissolution or annulment of a civil union or for the payment of a compensatory allowance, the judge or former judge and his or her spouse are entitled to obtain, upon application to Retraite Québec 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 V.1, VI and VI.1, the value of such benefits for the period of the marriage or civil union and any other information determined by regulation.

The judge or former judge and his or her spouse are also entitled to obtain such a statement, upon application to Retraite Québec on the conditions and according to the terms prescribed by regulation, for the purposes of mediation conducted prior to proceedings in family matters or of a joint procedure before a notary for the dissolution of their civil union.

1990, c. 5, s. 51; 1990, c. 44, s. 22; 1995, c. 70, s. 60; 2001, c. 8, s. 16; 2002, c. 6, s. 226; 2015, c. 20, s. 61.

246.17. For the purposes of their partition and assignment, the benefits accrued under the pension plans provided for in Parts V.1, 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 on which the spouses ceased living together, on the date of institution of the proceedings or on the date determined in the notarized transaction settling the consequences of the dissolution of the civil union, as the case may be.

1990, c. 5, s. 51; 1990, c. 44, s. 22; 1995, c. 70, s. 61; 2001, c. 8, s. 16; 2002, c. 6, s. 227.

246.18. Retraite Québec, 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; 2015, c. 20, s. 61.

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 V.1, 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; 2001, c. 8, s. 16.

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 V.1, 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; 2001, c. 8, s. 16.

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 V.1, 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 V.1, VI and VI.1, which may vary according to the nature of the benefit from which such sum is derived.

A regulation made under this section may take effect on a date fixed in the regulation that is prior to the date of publication of the regulation in the Gazette officielle du Québec.

1990, c. 5, s. 51; 1990, c. 44, s. 22; 2001, c. 8, s. 16; 2002, c. 32, s. 14.

PART VI.3 ADMINISTRATION OF THE PENSION PLANS

1990, c. 44, s. 23.

In this Part, "judge" and "judges" also mean presiding justices of the peace, unless the context indicates otherwise (S.Q. 2017, c. 30, s. 35).

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

1997, c. 84, s. 4; 2001, c. 8, s. 17.

246.23. The pension plans provided for in Parts V.1, VI and VI.1 are administered by Retraite Québec.

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

1990, c. 44, s. 23; 2001, c. 8, s. 16; 2015, c. 20, a. 61.

246.23.1. A judge may have an amount corresponding to the value of the benefits accrued to the judge under another pension plan before the judge’s appointment transferred to the judge’s pension plan provided for in Part V.1 or VI, provided the benefits are transferable. The transfer gives entitlement to a deferred life annuity payable at 65 years of age which shall be added to the pension accrued under the provisions of the pension plan of which the judge is a member.

The administrator of the pension plan from which the accrued benefits are to be transferred shall assess the value of the benefits to be transferred. Retraite Québec shall determine the amount of the deferred pension to the date of the transfer, on the basis of the value transferred and according to the actuarial methods and assumptions used in the most recent actuarial valuation prepared under section 246.26 in relation to the pension plan of which the judge is a member.

The transfer application must be made within 180 days following the date of the judge’s appointment.

For the purposes of this section, any registered pension plan within the meaning of the Taxation Act (chapter I-3) is a pension plan.

The provisions of this section do not apply to the plans in respect of which a transfer agreement is made under section 246.24.

2002, c. 32, s. 15; 2015, c. 20, s. 61.

246.23.2. The deferred pension is indexed annually in accordance with the first paragraph of section 224.23, beginning on 1 January following the date on which it becomes payable.

However, section 224.23 applies as it read before 6 May 2008 to deferred pensions accrued before that date.

2002, c. 32, s. 15; 2008, c. 4, s. 2.

246.23.3. A judge to whom section 246.23.1 applies may elect to receive early payment or to postpone the payment of the deferred pension to a date other than the judge’s sixty-fifth birthday. However, the deferred pension is not payable before the date on which the judge retires and has reached 55 years of age, or after 31 December of the year in which the judge reaches 69 years of age. Where the judge elects to receive early payment, the deferred pension is reduced, for its duration, by 0.5% per month for each month between the date on which it becomes payable and the judge’s sixty-fifth birthday. Where the judge postpones payment, the deferred pension is increased by the same percentage for each month between the latter date and the date on which it becomes payable.

If the judge dies while retired and the total amount of deferred pension paid to the judge under section 246.23.1 is less than the amount transferred pursuant to the first paragraph of that provision, with interest accrued to the date of retirement, the difference shall be refunded to the judge’s heirs. If the judge dies or otherwise ceases to hold office before payment of the pension begins, the amount transferred with accrued interest shall be refunded to the judge’s heirs or the judge, as the case may be.

2002, c. 32, s. 15.

246.23.4. The arbitration provided for in section 245 applies to disputes arising in the application of sections 246.23.1 to 246.23.3 between the judge and Retraite Québec.

2002, c. 32, s. 15; I.N. 2017-10-01.

246.24. Retraite Québec, 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 Parts V.1, VI and 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, as presiding justice of the peace 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; 2001, c. 8, s. 16; 2015, c. 20, s. 61; 2017, c. 30, s. 20.

246.25. Any pension paid under the pension plans provided for in Parts V.1, 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; 2001, c. 8, s. 16.

246.26. At least once every three years, Retraite Québec shall cause an actuarial valuation of the pension plans provided for in Parts V.1, 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 or transferred to the pension plan provided for in Part V.1, contributions paid for the years 1979 to 1989 to the pension plan provided for in Part VI and 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 V.1 or VI applies, the cost of that plan shall, except contributions paid by those judges to the pension plan provided for in Part V.1, including those transferred to it, and 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.

With respect to presiding justices of the peace, the cost of the pension plan provided for in Part V.1, except contributions paid by the justices to that plan and contributions that were transferred to it, shall be borne by the Government.

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, Retraite Québec 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; 2001, c. 8, s. 18; 2015, c. 20, s. 61; 2017, c. 30, s. 21.

Rates of contribution of municipalities; see Order in Council 51-2019 dated 29 January 2019, (2019) 151 G.O. 2, 159.

246.26.1. The Government shall determine, by order, at intervals of not less than three years, the rate of contribution of the municipalities to the pension plan provided for in Part V.1 and the rate of contribution to the pension plan provided for in Part VI; the rates are based on each plan’s experience and obtained at the time of the last actuarial valuation. The order may have effect from 1 January following the date on which the Minister of Justice receives the actuarial valuation or any later date fixed in the order.

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; 2001, c. 8, s. 19; 2005, c. 41, s. 18.

246.27. Retraite Québec shall obtain from the Minister of Justice and from the municipalities having joined the pension plan provided for in Part V.1 or 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; 2001, c. 8, s. 20; 2015, c. 20, s. 61.

246.28. All sums collected under the pension plans established by Parts V.1, 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.

1990, c. 44, s. 23; 1996, c. 53, s. 52; 2001, c. 8, s. 16; 2006, c. 49, s. 125.

PART VI.4 COMMITTEE ON THE REMUNERATION OF JUDGES AND JUSTICES OF THE PEACE

1997, c. 84, s. 5; 2004, c. 12, s. 2.

246.29. A committee on the remuneration of judges and justices of the peace is hereby established.

The function of the committee is to ascertain, every four years, whether the salary, pension plan and other social benefits of the judges of the Court of Québec and presiding justices of the peace are adequate. A further function of the committee is to ascertain, every four 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 and the pension plan of those judges, if any, are adequate. The committee shall submit a report to the Government together with its recommendations. The four-year period to be considered for those purposes begins on 1 July of the year that follows the formation of the committee.

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 de la Cour du Québec, the Conférence des juges municipaux à titre exclusif du Québec, the Conférence des juges municipaux du Québec, the Conférence des juges de paix magistrats du Québec or the Government to the pension plan of the judges of the Court of Québec, the presiding justices of the peace and the judges of the municipal courts that are under the authority of a president judge 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; 2002, c. 21, s. 42; 2004, c. 12, s. 3; 2015, c. 26, s. 35.

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, a second panel with regard to presiding justices of the peace, and a third 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; 2002, c. 21, s. 43; 2004, c. 12, s. 4.

246.31. The committee shall have five members, appointed by the Government for a four-year term.

The chief judge of the Court of Québec, the Conférence des juges de la Cour du Québec, the Conférence des juges municipaux à titre exclusif du Québec, the Conférence des juges municipaux du Québec, the Conférence des juges de paix magistrats 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 July 2018, and every four years after that, 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 de la Cour du Québec;

(2)  one member shall be designated, by mutual agreement, by the chief judge of the Court of Québec, the Conférence des juges municipaux à titre exclusif du Québec and the Conférence des juges municipaux du Québec;

(3)  one member shall be designated, by mutual agreement, by the chief judge of the Court of Québec and the Conférence des juges de paix magistrats du Québec;

(4)  one member shall be designated by the Government;

(5)  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 de la Cour du Québec, the Conférence des juges municipaux à titre exclusif du Québec, the Conférence des juges municipaux du Québec, the Conférence des juges de paix magistrats 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 de la Cour du Québec, the Conférence des juges municipaux à titre exclusif du Québec, the Conférence des juges municipaux du Québec and the Conférence des juges de paix magistrats du Québec.

When 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 shall be composed of the members designated in accordance with subparagraphs 1, 4 and 5 of that paragraph, 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, 4 and 5 of that paragraph, and the panel that exercises the functions of the committee with regard to presiding justices of the peace shall be composed of the members designated in accordance with subparagraphs 3, 4 and 5 of that paragraph.

No judge, presiding justice of the peace, 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; 1998, c. 30, s. 37; 2002, c. 21, s. 44; 2004, c. 12, s. 5; 2015, c. 26, s. 36.

246.32. The Government shall proceed with the appointment of the members of the committee on or before 1 September 2018, and every four years after that. The committee shall begin to exercise the functions conferred on it by this Part without delay.

1997, c. 84, s. 5; 2015, c. 26, s. 37.

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 de la Cour du Québec, the Conférence des juges municipaux à titre exclusif du Québec, the Conférence des juges municipaux du Québec, the Conférence des juges de paix magistrats du Québec or the Government, give experts the mandate to examine any matter submitted by the committee.

1997, c. 84, s. 5; 1998, c. 30, s. 38; 2002, c. 21, s. 45; 2004, c. 12, s. 6; 2015, c. 26, s. 38.

246.37. The chair of the committee shall have the powers vested in a chief executive officer by the Financial Administration Act (chapter A-6.001) with regard to applications to charge a commitment and applications for payment.

Sections 30 and 31 of the said Act do not apply to the committee.

1997, c. 84, s. 5; 2000, c. 8, s. 222; 2000, c. 15, s. 146, s. 163.

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 are audited by the Auditor General.

1997, c. 84, s. 5; 2008, c. 23, s. 22.

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 de la Cour du Québec, the Conférence des juges municipaux à titre exclusif du Québec and the Conférence des juges municipaux du Québec, or from the Conférence des juges de paix magistrats du Québec, according to the jurisdiction of each panel, from the Government, and according to the jurisdiction of each panel from the municipalities responsible for the administration of a municipal court that is under the authority of a president judge, and from the associations representing municipalities, more particularly, the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales (FQM).

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; 1999, c. 90, s. 34; 1998, c. 30, s. 39; 2002, c. 21, s. 46; 2004, c. 12, s. 7; 2015, c. 26, s. 39.

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 first paragraph applies to presiding justices of the peace.

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 judges of municipal courts that are not under the authority of a president judge exercise their functions mainly on a part-time basis.

1997, c. 84, s. 5; 2002, c. 21, s. 47; 2004, c. 12, s. 8.

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 10 days of receiving it if the Assembly is sitting or, if it is not sitting, within 10 days of resumption.

1997, c. 84, s. 5; 1999, c. 62, s. 6.

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 16 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 four associate chief judges of the Court of Québec;

(d)  a president judge of a municipal court;

(d.1)  one judge chosen among the persons exercising the functions of president of the Human Rights Tribunal, or chairman of the Professions Tribunal;

(d.2)  (paragraph repealed);

(e)  two judges chosen among the judges of the Court of Québec and appointed upon the recommendation of the Conférence des juges de la Cour du Québec;

(f)  one judge chosen among the judges of the Municipal Courts and appointed upon the recommendation of the Conférence des juges municipaux du Québec;

(f.1)  one judge chosen among the presiding justices of the peace and appointed upon the recommendation of the Conférence des juges de paix magistrats 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; 2002, c. 21, s. 48; 2001, c. 26, s. 172; 2015, c. 26, 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 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; 1999, c. 40, s. 324.

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. Nine members of the council, including the chairman or vice-chairman, are a quorum.

1978, c. 19, s. 33; 1986, c. 48, s. 5; 2015, c. 26, s. 41.

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. The Government shall determine the salary, the employment benefits and other conditions of employment of the secretary.

Upon being appointed, the secretary shall cease, where applicable, 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; 2020, c. 12, s. 153.

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 set out in Schedule III, before the chief judge of the Court of Québec.

1989, c. 45, s. 7; 1997, c. 76, s. 2; 1999, c. 40, s. 324.

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 in accordance with the Public Service Act (chapter F-3.1.1).

1989, c. 45, s. 7; 1997, c. 76, s. 2; 2000, c. 8, s. 242.

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 or refresher programs for judges of the courts and presiding justices of the peace under the legislative authority of Québec and appointed by the Government.

1978, c. 19, s. 33; 2004, c. 12, s. 9.

258. The council shall determine the needs, prepare the programs and fix the terms and conditions of application; it may, for that purpose, act in cooperation in particular with the Conférence des juges de la Cour du Québec, the Conférence des juges municipaux à titre exclusif du Québec, the Conférence des juges municipaux du Québec, the Conférence des juges de paix magistrats 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; 2004, c. 12, s. 10; 2015, c. 26, s. 42.

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.

The provisions of this chapter applicable to judges also apply to the judges of the municipal courts and to presiding justices of the peace.

1978, c. 19, s. 33; 1980, c. 11, s. 98; 1995, c. 42, s. 44; 2004, c. 12, s. 11.

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 or 171 of this Act or section 45.1 of the Act respecting municipal courts (chapter C-72.01).

It may be stipulated in the code that certain of those provisions do not apply to judges of Municipal Courts, 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 are deemed to be special provisions of the code of ethics applicable to municipal judges. The provisions of the code of ethics applicable to municipal judges may vary according to whether they apply to judges exercising their functions on a part-time basis or to judges exercising their functions on a full-time and exclusive basis. Special provisions for presiding justices of the peace may also be stipulated in the code.

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; 2002, c. 21, s. 49; 2004, c. 12, s. 12.

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 or the third paragraph of section 168.

1978, c. 19, s. 33; 1988, c. 21, s. 60; 1990, c. 44, s. 24; 2004, c. 12, s. 13.

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 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; 1999, c. 40, s. 324.

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.

269.5. (Repealed).

2004, c. 12, s. 14; 2015, c. 26, s. 43.

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 or the third paragraph of section 168.

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; 2004, c. 12, s. 15.

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 202 and 203 of the Code of Civil Procedure (chapter C-25.01).

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; I.N. 2016-01-01 (NCCP).

275. The committee may make rules of procedure or regulations 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-25.01), that are necessary for the carrying out of its duties.

1978, c. 19, s. 33; I.N. 2016-01-01 (NCCP).

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 an application with the Court of Appeal in accordance with section 95 or section 167.

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; 2004, c. 12, s. 16; I.N. 2016-01-01 (NCCP).

280. If the Minister of Justice and Attorney General, in accordance with section 95 or section 167, files an application 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; 2004, c. 12, s. 17; I.N. 2016-01-01 (NCCP).

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 VII.1 COURT SECURITY

2009, c. 44, s. 1.

282.0.1. The Minister of Justice and the Minister of Public Security are responsible, in their respective spheres of authority, for security in the buildings or parts of buildings occupied or used by the Court of Appeal, the Superior Court and the Court of Québec.

2009, c. 44, s. 1.

282.0.2. In a building or part of a building described in section 282.0.1, no person may be in possession of a firearm within the meaning of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or of any other object that could be used to cause bodily harm to or threaten or intimidate a person.

A peace officer engaged in security screening may authorize a person to be in possession of such an object, other than a firearm, if the peace officer has reasonable grounds to believe that it will not be used to cause bodily harm to or threaten or intimidate a person.

The first paragraph does not apply to persons lawfully authorized to carry a weapon.

2009, c. 44, s. 1.

282.0.3. No person may enter a building or part of a building described in section 282.0.1 without submitting to the security screening measures in effect.

2009, c. 44, s. 1.

282.0.4. A person who refuses to comply with section 282.0.3 may not be admitted to the building or part of the building where security screening measures are in effect, and, if applicable, must leave the premises immediately. A person who refuses to leave may be ejected.

2009, c. 44, s. 1.

282.0.5. The Ministers may establish security screening measures in the buildings or parts of buildings described in section 282.0.1 to determine whether persons entering are in possession of an object prohibited under section 282.0.2.

Such measures are to be established in consultation with the chief justice or chief judge of each of the courts concerned and, if the measures bear upon them, with the Barreau du Québec, the Chambre des notaires du Québec and the Chambre des huissiers de justice du Québec.

2009, c. 44, s. 1.

282.0.6. As appropriate in the circumstances, security screening may include one or more of the following measures:

(1)  requiring passage through an upright metal detector;

(2)  submitting briefcases, handbags and personal effects to fluoroscopic or visual inspection;

(3)  conducting a pat-down frisk search or a search with a hand-held metal detector;

(4)  any other screening measure prescribed by joint ministerial regulation.

Once inside the building or part of the building, persons may be re-screened if a peace officer has reasonable grounds to suspect that the safety of users or the public is at risk or that a person is in possession of an object prohibited under section 282.0.2.

A pat-down frisk search may be conducted only if there are reasonable grounds to suspect that the person concerned is in possession of an object prohibited under section 282.0.2. A pat-down frisk search must be conducted by a person of the same sex as the person being searched, except in cases of necessity.

2009, c. 44, s. 1.

282.0.7. Security screening measures may vary depending on the building or part of the building where they apply.

2009, c. 44, s. 1.

282.0.8. Security screening is conducted by peace officers, who may be assisted by security guard agents, as determined by the Minister of Public Security.

2009, c. 44, s. 1; 2009, c. 44, s. 3.

282.0.9. Despite section 282.0.3, the following persons may, after having identified themselves and proved their status to security screening officers, enter a building or part of a building where security screening is conducted without being screened:

(1)  persons entered on the roll of one of the following professional orders, and their articled students: the Barreau du Québec, the Chambre des notaires du Québec and the Chambre des huissiers de justice du Québec;

(2)  peace officers;

(3)  any other person who shows a special authorization issued by the Minister of Justice or the Minister of Public Security or a delegate of the Minister of Justice or the Minister of Public Security; and

(4)  persons included in the categories of persons who may use security devices, determined by joint regulation of the Ministers, to gain access to a building or part of a building.

The Ministers may, by joint order and after consultation with the professional orders concerned, cancel the exemptions provided for in the first paragraph, except with regard to the persons specified in subparagraph 2 of that paragraph, in the building or part of the building designated in the order.

2009, c. 44, s. 1.

282.0.10. The Ministers may, by joint regulation, determine the security devices by which a person may gain access to a building or part of a building without being subject to security screening, and prescribe the conditions for their application and use.

The regulation may specify the categories of persons who may use such security devices.

Despite section 282.0.3, persons who use such security devices are not subject to security screening.

2009, c. 44, s. 1.

282.0.11. Persons referred to in section 282.0.9 are not exempted from the re-screening measures that may be applied once a person is inside a building, if a peace officer has reasonable grounds to suspect that the safety of users or the public is at risk or that a person is in possession of an object prohibited under section 282.0.2.

2009, c. 44, s. 1.

282.0.12. A notice informing users and the public of the prohibitions and security screening measures in effect must be prominently posted in the building or part of the building where the prohibitions and measures apply. The notice must state that persons who do not wish to submit to security screening will not be admitted to the premises or must leave the premises, as the case may be. The notice must also state that refusing to submit to security screening or leaving the premises does not release a person from any obligation to be on the premises, for instance for the purposes of legal proceedings.

2009, c. 44, s. 1.

282.0.13. This Part does not affect the right of judges of the courts to uninhibited access to buildings or parts of buildings where security screening is in effect.

2009, c. 44, s. 1.

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.
________________________|_________________________________________
                        |
Abitibi and             |  Over the territory of Ville 
Rouyn-Noranda           |  de Rouyn-Noranda
________________________|_________________________________________
                        |
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.
________________________|_________________________________________
                        |
Gatineau and Labelle    |  Over the territory of Ville de Gracefield and of the                  
                        |  municipalities of Blue Sea, Bouchette,
                        |  Bowman, Duhamel and Notre-Dame-du-Laus
                        |  and over the territory of Municipalité
                        |  du canton d’Amherst.                  
________________________|_________________________________________
                        |
Gatineau and Pontiac    |  Judicial district of Pontiac.
________________________|_________________________________________
                        |
Gatineau and Terrebonne |  Over the territory of the township
                        |  municipality of Amherst and over       
                        |  the territory of Municipalité de            
                        |  Lac-des-Plages.                              
________________________|_________________________________________
                        |
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.
________________________|_________________________________________
                        |
Longueuil and           |  Over the territory of the district
Iberville               |  of Longueuil.
________________________|_________________________________________
                        |
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, Abitibi  |  Over that part of the judicial
and Roberval            |  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 or that of
                        |  Roberval.
________________________|_________________________________________
                        |
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.
________________________|_________________________________________
                        |
Terrebonne and          |  Over the territory of Ville de 
Joliette                |  Terrebonne.
________________________|_________________________________________
                        |
Terrebonne and          |  Over the territory of Ville de 
Labelle                 |  Mont-Tremblant.
________________________|_________________________________________
                        |
Terrebonne and Laval    |  Over the territory of the 
                        |  municipalities of Pointe-Calumet and
                        |  Saint-Joseph-du-Lac and the cities or
                        |  towns of Sainte-Marthe-sur-le-Lac,
                        |  Saint-Eustache, Deux-Montagnes,
                        |  Boisbriand, Rosemère, Lorraine, 
                        |  Bois-des-Filion, Sainte-Anne-des-
                        |  Plaines, Sainte-Thérèse
                        |  and Terrebonne.
________________________|_________________________________________

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; 2001, c. 8, s. 21; 2005, c. 27, s. 22; 2009, c. 8, s. 11; 2013, c. 29, s. 5; 2017, c. 15, s. 3; 2020, c. 12, s. 73.

SCHEDULE II

(Sections 89 and 180)

Oath

I declare under oath 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 (or justice of the peace, as the case may be).

1988, c. 21, s. 65; 1999, c. 40, s. 324; 2004, c. 12, s. 18.

SCHEDULE III

(Sections 249, 255.1, 269.2 and 269.5)

Oath of discretion

I declare under oath 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; 1999, c. 40, s. 324; 2004, c. 12, s. 19.

SCHEDULE IV

(Sections 160 and 181)

POWERS AND FUNCTIONS OF ADMINISTRATIVE JUSTICES OF THE PEACE

(1) WITHIN THE COURT OF QUÉBEC AND THE SUPERIOR COURT:

CLASS 1

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— issuing summons or subpoenas to witnesses;

— issuing orders for discharge (section 519(2) of the Criminal Code (R.S.C. 1985, c. C-46)).

CLASS 2

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— authorizing a method of service (articles 20.2, 22.1 and 24 of the Code of Penal Procedure (chapter C-25.1));

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— presiding at an appearance for the purpose of making a release order not objected to by the prosecutor, subject to conditions mutually agreed by the parties;

— authorizing appearances from a distance using a technological means (article 89.1 of the Code of Penal Procedure);

— endorsing arrest warrants;

— receiving reports of property seized with or without a warrant, and ordering the detention or return of that property;

— ruling on other uncontested applications pertaining to the disposal of property seized with or without a warrant;

— determining to whom the notice provided for in subsection 5 of section 26 of the Youth Criminal Justice Act (S.C. 2002, c. 1) must be given;

— declaring prescription interrupted (article 15 of the Code of Penal Procedure);

— issuing an order to validate irregular service (article 29 of the Code of Penal Procedure);

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices and undertakings, and issuing a summons if necessary (section 508 of the Criminal Code);

— issuing orders for discharge (section 519(2) of the Criminal Code);

— ordering the detention in custody of an accused charged with an offence listed in section 469 and issuing a warrant for committal (section 515(11) of the Criminal Code);

— trying proceedings by default under Division II of Chapter VI of the Code of Penal Procedure and rendering judgment under Division I.1 of Chapter VII of that Code, and, in that connection,

• exercising the powers conferred on a judge by that division;

• in the cases described in subparagraph 1 of the first paragraph of article 243 of the Code of Penal Procedure, rectifying a judgment after rendering it, provided that the correction is not unfavourable to the defendant.

However, when exercising the functions and powers conferred by Division II of Chapter VI or by Division I.1 of Chapter VII of the Code of Penal Procedure, an administrative justice of the peace may not

• make an order to regularize an irregular service (article 29 of the Code of Penal Procedure);

• make an order for the disposition of things seized (article 222 of the Code of Penal Procedure);

• grant or dismiss an application for revocation of judgment (articles 250 and 257 of the Code of Penal Procedure);

• make an order concerning the reduction of costs (article 262 of the Code of Penal Procedure).

(2) WITHIN MUNICIPAL COURTS:

CLASS 1

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— authorizing a method of service (articles 20.2, 22.1 and 24 of the Code of Penal Procedure);

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— presiding at an appearance for the purpose of making a release order not objected to by the prosecutor, subject to conditions mutually agreed by the parties;

— endorsing arrest warrants;

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices and undertakings, and issuing a summons if necessary (section 508 of the Criminal Code);

CLASS 2

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— authorizing a method of service (articles 20.2, 22.1 and 24 of the Code of Penal Procedure);

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— presiding at an appearance for the purpose of making a release order not objected to by the prosecutor, subject to conditions determined mutually agreed by the parties;

— authorizing appearances from a distance using a technological means (article 89.1 of the Code of Penal Procedure);

— endorsing arrest warrants;

— receiving reports of property seized with or without a warrant, and ordering the detention or return of that property;

— ruling on other uncontested applications related to the disposal of property seized with or without a warrant;

— declaring prescription interrupted (article 15 of the Code of Penal Procedure);

— issuing an order to validate irregular service (article 29 of the Code of Penal Procedure);

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices and undertakings, and issuing a summons if necessary (section 508 of the Criminal Code);

— trying proceedings by default under Division II of Chapter VI of the Code of Penal Procedure and rendering judgment under Division I.1 of Chapter VII of that Code, and, in that connection,

• exercising the powers conferred on a judge by that division;

• in the cases described in subparagraph 1 of the first paragraph of article 243 of the Code of Penal Procedure, rectifying a judgment after rendering it, provided that the correction is not unfavourable to the defendant.

However, when exercising the functions and powers conferred by Division II of Chapter VI or by Division I.1 of Chapter VII of the Code of Penal Procedure, an administrative justice of the peace may not

• make an order to regularize an irregular service (article 29 of the Code of Penal Procedure);

• make an order for the disposition of things seized (article 222 of the Code of Penal Procedure);

• grant or dismiss an application for revocation of judgment (articles 250 and 257 of the Code of Penal Procedure);

• make an order concerning the reduction of costs (article 262 of the Code of Penal Procedure).

All classes of administrative justices of the peace also exercise the powers, not otherwise excluded by this schedule, which are incidental or complementary to the powers and functions conferred above.

2004, c. 12, s. 20; 2005, c. 27, s. 23; O.C. 1233-2019 of 11.12.2019, (2019) 151 G.O. 2, 3129; 2020, c. 12, s. 74.

SCHEDULE V

(Sections 173 and 181)

POWERS AND FUNCTIONS OF PRESIDING JUSTICES OF THE PEACE

1. Principal powers exercised concurrently with the judges of the Court of Québec:

— trying proceedings commenced under Part XXVII of the Criminal Code (R.S.C. 1985, c. C-46) for offences under federal statutes other than the Criminal Code, the Controlled Drugs and Substances Act (S.C. 1996, c. 19), the Food and Drugs Act (R.S.C. 1985, c. F-27) and the Cannabis Act (S.C. 2018, c. 16);

— authorizing proceedings in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1);

— trying proceedings for offences under Québec statutes and under federal statutes to which the Code of Penal Procedure applies;

— presiding at appearances and ordering the remanding of the accused to custody (sections 503 and 516 of the Criminal Code and article 92 of the Code of Penal Procedure);

— authorizing appearances from a distance using a technological means (article 89.1 of the Code of Penal Procedure);

— issuing arrest warrants;

— issuing warrants, telewarrants, orders and other types of authorizations pertaining to searches, seizures, entry and other investigative methods under the Criminal Code and other federal and Québec statutes that are under the jurisdiction of a justice of the peace;

— granting authorizations to enter, search for a child and bring the child before the director of youth protection if the child’s situation has been brought to the director’s attention or the child’s security or development is or may be considered to be in danger, as provided for in sections 35.2 and 35.3 of the Youth Protection Act (chapter P-34.1);

— ruling on contested applications relating to the disposal of property seized with or without a warrant;

— exercising the powers of two justices of the peace for the sole purpose of sections 487.01 (general warrant authorizing an investigative technique that could constitute an unreasonable search) and 487.05 (warrant for the taking of samples for analysis) of the Criminal Code and of section 74 of the Firearms Act (S.C. 1995, c. 39) (reference of a decision of the chief firearms officer);

— issuing orders under subsections 3 and 3.1 of section 503 of the Criminal Code;

— ordering an assessment of the mental condition of the accused (sections 672.11 and following of the Criminal Code) with the consent of the parties;

— ordering temporary detention in a place other than a place of detention for young persons in accordance with subsection 3 of section 30 of the Youth Criminal Justice Act (S.C. 2002, c. 1);

— issuing a warrant for witness;

— ordering the release or detention of an arrested witness and awarding against the witness the costs arising from failure to appear or to remain in attendance (articles 51 and 92 of the Code of Penal Procedure);

— ordering the payment of security greater than that required by law (article 77 of the Code of Penal Procedure);

— reviewing the exigibility of the security required by a peace officer (article 80 of the Code of Penal Procedure);

— issuing certificates and homologating summonses to appear in accordance with article 35.1 of the Code of Penal Procedure.

2. Incidental powers:

— exercising the functions and powers, not otherwise excluded by this schedule, which are incidental or complementary to the exercise of the principal powers listed in point 1.

3. Suppletory powers:

— exercising the functions and powers conferred on administrative justices of the peace.

2004, c. 12, s. 20; Order in Council 321-2008 dated 9 April 2008, (2008) 140 G.O. 2, 1183; 2018, c. 19, s. 19; 2020, c. 12, s. 75.

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.