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Duties of Chief Judge and Administrator of the Provincial Court Regulations

made under Section 20 of the
Provincial Court Act
R.S.N.S. 1989, c. 238
O.I.C. 83-1337 (November 15, 1983), N.S. Reg. 250/83

Duties of Chief Judge of the Provincial Magistrate's Court

The Chief Judge shall have superintendence over the judges of the Provincial Magistrate's Court and without limiting the generality of the foregoing, shall have power and authority to

1 deal generally with judicial matters belonging to the office of a judge of the Provincial Magistrate's Court;

2 make rules or guidelines providing for the scheduling and hearing of the cases;

3 approve of requests for replacement judges, leaves of absence, vacations, sick and special leaves and advise the Administrator of such approval and requirements;

4 subject to budgetary provisions, approve and authorize the holding of meetings of judges of the Provincial Magistrate's Court and the attendance of judges at out of Province meetings;

5 make rules providing for the safe-keeping and release of exhibits tendered and received by the Court;

6 direct the records to be kept, reports and statistical returns to be made by the judges as the Chief Judge considers necessary, advisable or required.

The Chief Judge shall have the duty to advise the Attorney General on the following:

1 all matters pertaining to the judges of the Provincial Magistrate's Court in respect to

(a) preparation of estimates,

(b) salaries,

(c) pensions,

(d) expenses, [and]

(e) [the] library;

2 all representations and submissions by judges of the Provincial Magistrate's Court;

3 the support staff required to service the Provincial Magistrate's Court and the support staff required to be in attendance during sittings of the Court;

4 suggested changes in Magisterial Districts, place or places where the Court should hold sittings, and where a judge should establish and maintain an office;

5 determine the duties of the Justices of the Peace when acting as support staff to the Court;

6 all matters referred to the Chief Judge by the Attorney General or his Deputy relating to the Provincial Magistrate's Court, or any judge thereof, which is considered to be in the public interest or in the interest of the better administration of justice in the Province.

Duties of the Administrator of the Provincial Court

The Administrator of the Court shall have the power and authority to attend upon all non-judicial matters in respect to the office of a judge of the Provincial Magistrate's Court and the Court of the Provincial Magistrate [Provincial Court], including but not limiting the generality of the foregoing:

1 make necessary administrative arrangements to facilitate the provision of all replacement or substitute judges approved of and requested by the Chief Judge;

2 determine and institute appropriate ministerial or Governor in Council action to provide the support staff necessary to service the Provincial Magistrate's Court and make rules governing the functions and duties, procedures and dress of such support staff;

3 direct the implementation of administrative procedures and practices required to satisfy the management and policy directives of the Attorney General or the Auditor General and insure the safe-keeping and proper accounting of all moneys received and disbursed and process issued out of the Provincial Magistrate's Court;

4 direct the support staff to make such statistical returns as the Attorney General may require and provide for the safe-keeping, inspection and maintenance of books, documents and papers;

5 in consultation with the Chief Judge, prepare the annual estimates in respect to the Provincial Magistrate's Court and the judges thereof and attend upon all necessary financial accounting in respect thereto;

6 implement procedures and issue such directives and take such action as required concerning the collection and accounting of all fines, penalties, fees and court costs payable or ordered by the Court;

7 in consultation with the Chief Judge, attend upon all matters relating to providing the place or places where and when the Provincial Magistrate's Court shall sit; the use of the courtroom, town hall, council chamber or other premises, so as not to interfere with the use of such premises by others for purposes for which the same are maintained;

8 communicate to the Chief Judge such matters of an administrative nature in respect to the Provincial Magistrate's Court as he shall request;

9 determine and make recommendations to the Attorney General on the following matters:

(a) all support staff requirements and replacement thereof,

(b) courts, judges' offices and staff space, furniture and equipment required,

(c) the designation of limited powers to be exercised by Justices of the Peace and the appointment of additional Justices of the Peace;

10 attend upon such non-judicial matters in respect to the Provincial Magistrate's Court as may be directed by the Attorney General or his Deputy.

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