BENCH ACT (RSA 2000 cC-31)

RSA 2000 cC-31

Alberta — Consolidated Statutes

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Revised Statutes of Alberta 2000

Chapter C-31 Current as of June 11, 2025 COURT OF KING’S BENCH ACT

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Regulations The following is a list of the regulations made under the Court of Queen's Bench Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg.

Amendments Court of King’s Bench Act Judicial Districts ............................................. 117/2010 Provincial Judges and Applications Judges Compensation ............................... 176/98 ............. 14/99, 104/99, 211/99, 216/2000, 54/2001, 197/2001, 251/2001, 198/2002, 131/2003, 221/2004, 239/2004, 66/2005, 117/2005, 266/2006, 104/2007, 170/2007, 61/2008, 12/2009, 43/2009, 20/2012, 170/2012, 178/2015, 179/2019, 136/2022, 216/2022, 218/2022, 255/2022, 9/2023, 76/2023, 137/2023, 19/2024 Provincial Judges and Applications Judges Registered and Unregistered Pension Plans ........................................... 196/2001 ......... 251/2001, 24/2002, 78/2002, 97/2002, 118/2005, 267/2006, 68/2008, 13/2009, 43/2009, 21/2012, 31/2012, 170/2012, 222/2017, 8/2019, 160/2019, 136/2022, 216/2022, 218/2022, 9/2023, 76/2023

1 COURT OF KING’S BENCH ACT

Chapter C-31 Table of Contents 1

Definitions Constitution of the Court 2 Continuation of Court 2.1 Name of Court 3 Composition of Court 4 Supernumerary judges Judges 5 Oath of office 6 Residence 7 Judgment by former judge 7.1 Judges are justices of the peace Applications Judges 8 Appointment of applications judges 8.1 Retirement age 8 . 2 Reappointment of applications judges 8.21 Reappointment of half-ti me applications judges 8 . 3 Appointment of ad hoc applications judges 8 . 4 Resignation 9 , 1 0 Jurisdiction 10.1 Inability of applications ju dge to complete proceedings 10.2 Judgment by former applications judge 1 1 Referee 1 2 Appeal 1 3 Reference to judge 1 4 Protection from action 14.1 Confidentiality of selection process 1 5 Complaints 15.1 Restriction on other employment

RSA 2000

Section 1

Chapter C-31 COURT OF KING’S BENCH ACT 2 1 6 Regulations Case Management Counsel 16.1 Appointment of case management counsel 16.2 Power and duties of case management counsel Officers and Employees Generally 1 7 Personnel 1 8 Powers of officers of Court 1 9 Duties of sheriffs, etc. Miscellaneous 2 1 C o s t s 2 2 Court sittings 2 3 Judicial districts 2 4 Council of judges 24.1 Meetings, conferences and seminars Transitional and Consequential 2 6 References 2 7 Transition to new name HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) “applications judge” means an applications judge appointed or approved to continue in office under this Act and includes a half-time applications judge, a part-time applications judge and an ad hoc applications judge; (a.01) “Associate Chief Justice” means an Associate Chief Just ice of the Court of King’s Bench of Alberta; (a.1) “Chief Justice”, except in sections 5 and 25(1)(a), mean s the Chief Justice of the Court of King’s Bench of Alberta; (a.2) “Court” means the Court of King’s Bench of Alberta; (b) “judge” includes a supernum erary judge of the Court of King’s Bench of Alberta;

RSA 2000

Section 2

Chapter C-31 COURT OF KING’S BENCH ACT 3 (b.1) “Judicial Council” means the Judicial Council established under

Part 6 of the Judicature Act; (b.2) repealed AR 137/2022; (c) “Minister” means the Minist er determined under

section 16 of the Government Organization Act as the Minister responsible for this Act. RSA 2000 cC-31 s1;2008 c13 s2;2011 c20 s4;2015 c12 s2; 2017 c22 s15;AR 137/2022;AR 217/2022 Constitution of the Court Continuation of Court 2(1) The Trial Division of the Supreme Court of Alberta is continued as a superior court of civil and criminal jurisdiction styled the Court of King’s Bench of Alberta.

(1.1) The Surrogate Court of Alberta is continued in the Court of King’s Bench.

(2) Repealed 2018 c20 s6.

(3) The Lieutenant Governor in Council may authorize a seal to be used by the Court as occasion requires. RSA 2000 cC-31 s2;RSA 2000 c16(Supp) s35;2018 c20 s6; AR 217/2022 Name of Court 2.1 The Court shall, during the reign of the King, be styled the Court of King’s Bench of Alberta and shall, during the reign of the Queen, be styled the Court of Queen’s Bench of Alberta. 2019 c14 s2;AR 217/2022 Composition of Court 3(1) The Court consists of (

a) the chief judge, who shall be called the Chief Justice of the Court of King’s Bench of Alberta, (b) 2 associate chief judges, who shall each be called Associate Chief Justice of the Court of King’s Bench of Alberta, (c) 80 other judges, who shall be called justices of the Court of King’s Bench of Alberta, and (

d) the supernumerary judges of the Court.

(2) The Lieutenant Governor in Council may by order increase the number of judges of the Court.

RSA 2000

Section 4

Chapter C-31 COURT OF KING’S BENCH ACT 4

(3) Notwithstanding subsection (1), each judge of the Court of Appeal of Alberta is by virtue of that office a judge of the Court of King’s Bench.

(4) Notwithstanding subsection (1), there is an additional office of judge of the Court that a Chief Justice who has resigned the office of Chief Justice may elect to hold on compliance with, and on meeting the qualifications under, the Judges Act (Canada).

(5) Notwithstanding subsection (1), there is an additional office of judge of the Court that an Associate Chief Justice who has resigned the office of Associate Chief Justice may elect to hold on compliance with, and on meeting the qualifications under, the Judges Act (Canada). RSA 2000 cC-31 s3;2008 c13 s3;2013 c23 s4;2015 c12 s2; 2017 c22 s15;AR 217/2022;2023 c8 s2 Supernumerary judges 4(1) For each office of judge under

section 3(1)(a), (

b) and (

c) there is an additional office of supernumerary judge that any judge of the Court may elect to hold on compliance with, and on meeting the qualifications under, the Judges Act (Canada).

(2) If the Chief Justice or an Associate Chief Justice makes an election under subsection (1), that Justice shall hold only the office of supernumerary judge of the Court. RSA 2000 cC-31 s4;2008 c13 s4;2015 c12 s2 Judges Oath of office 5 Each judge and applications judge, before entering on the duties of that office, shall take the oath prescribed by the Oaths of Office Act before the Lieutenant Governor, the Chief Justice of Alberta, the Chief Justice of the Court of King’s Bench of Alberta or an Associate Chief Justice. RSA 2000 cC-31 s5;2008 c13 s5;2015 c12 s2; AR 137/2022;AR 217/2022 Residence 6(1) The Chief Justice shall reside at or in the neighbourhood of Edmonton or Calgary.

(2) Before entering on the duties of office, each judge other than the Chief Justice shall reside at or in the neighbourhood of a city approved in writing by the Minister and may subsequently with the approval in writing of the Minister change the judge’s place of residence so as to reside at or in the neighbourhood of another city.

RSA 2000

Section 7

Chapter C-31 COURT OF KING’S BENCH ACT 5

(3) In exercising the Minister’s powers of approval under subsection (2), the Minister shall, as far as possible, ensure that one or more judges reside at or in the neighbourhood of each of Calgary, Edmonton, Grande Prairie, Lethbridge, Medicine Hat and Red Deer. (4) Subsection (3) applies only in respect of a power of approval exercised (

a) in respect of a judge who was not a judge of The Trial Division of the Supreme Court of Alberta or The District Court of Alberta immediately before June 30, 1979, or (

b) in respect of a judge who wa s a judge of The Trial Division of the Supreme Court of Alberta or The District Court of Alberta immediately before June 30, 1979 and who changes the judge’s place of residence after June 30, 1979. RSA 2000 cC-31 s6;2008 c13 s6 Judgment by former judge 7 If a judge ceases to hold office without giving a judgment in any matter that was fully heard by him or her, the judge may, within 3 months after ceasing to hold office, give judgment in that matter as if the judge were still a judge of the Court and that judgment has the same effect as though given by a judge of the Court.

RSA 1980 cC-29 s7 Judges are justices of the peace 7.1 Every judge is, by virtue of the judge’s office, a justice of the peace for the purposes of an application made under

section 492.1 or 492.2 of the Criminal Code (Canada) when that application is made in conjunction with an application under

Part VI of the Criminal Code (Canada). 2009 c42 s2 Applications Judges Appointment of applications judges 8(1) The Lieutenant Governor in Council may appoint officers of the Court called applications judges.

(2) The Lieutenant Governor in Council shall make regulations respecting the remuneration and benefits to be paid to applications judges.

(3) Repealed 2008 c13 s7. RSA 2000 cC-31 s8;2008 c13 s7;O.C. 250/2022;AR 137/2022

RSA 2000

Section 8.1

Chapter C-31 COURT OF KING’S BENCH ACT 6 Retirement age 8.1(1) An applications judge shall retire on attaining the age of 70 years.

(2) Subject to

Part 6 of the Judicature Act, no applications judge may be removed from office before attaining retirement age. 2008 c13 s8;AR 137/2022 Reappointment of applications judges 8.2(1) Notwithstanding

section 8.1(1), an applications judge may, in accordance with this section, continue in office as an applications judge.

(2) Where an applications judge is approaching the age of 70 years, the Chief Justice may approve that person to continue in office as an applications judge for a term of one year.

(3) Where an applications judge has been approved to continue in office as an applications judge under this section, the Chief Justice may approve that person to continue in office as an applications judge for a further term of one year.

(4) The Chief Justice may approve a person to continue in office as an applications judge under this

section if (

a) the Chief Justice determines that approving that person to continue in office will enhance the efficient and effective administration of the Court, and (

b) the approval is given in accordance with and subject to th e criteria established by the Chief Justice and approved by the Judicial Council. (5),

(5.1) Repealed 2017 c22 s15.

(6) An applications judge may only be approved to continue in office under this

section if (

a) repealed 2017 c22 s15, (

b) the applications judge has consented to continue in office , (

c) the applications judge is not nor has been an ad hoc applications judge, and (

d) the applications judge has n ot attained the age of 75 years.

(7) An applications judge who has been approved to continue in office under this

section may, subject to subsection (6), be

RSA 2000

Section 8.21

Chapter C-31 COURT OF KING’S BENCH ACT 7 approved to continue in office under subsection (3) for further terms of one year.

(8) Notwithstanding anything in this section, if an applications judge who is approved to continue in office under this

section attains the age of 75 years at any time during the applications judge’s term, that applications judge’s term expires when that applications judge attains that age.

(9) If an applications judge is approved to continue in office under this section, the Chief Justice shall notify the person designated by the Minister no later than 20 days before the effective date of the approval in the form approved by the Minister.

(10) An applications judge who, on the coming into force of this subsection, is serving a term of office after having been reappointed under subsection (2) or (3), as they read at any time before the coming into force of this subsection, is deemed, on the coming into force of this subsection, to have been approved to continue in office for the same term. 2008 c13 s8;2014 c13 s1;2017 c22 s15;AR 137/2022 Reappointment of half-time applications judges 8.21(1) Notwithstanding

section 8.1(1), an applications judge may, in accordance with this section, continue in office as a half-time applications judge.

(2) Where an applications judge (

a) has attained the age of 55 y ears and has completed 10 years of service as half-time applications judge, and (

b) states in writing to the Chief Justice that the applicatio ns judge is prepared to retire as a full-time applications judge in order to continue in office as a half-time applications judge, the Chief Justice may approve that person to continue in office as a half-time applications judge on that person’s retirement as a full-time applications judge if the Chief Justice determines that approving that person to continue in office will enhance the efficient and effective administration of the Court.

(3) Where an applications judge (

a) is approaching th e age of 70 years but has not attained age 70, and (

b) states in writing to the Chief Justice that the applicatio ns judge is prepared to retire at age 70 as a full-time

RSA 2000

Section 8.21

Chapter C-31 COURT OF KING’S BENCH ACT 8 applications judge in order to continue in office as a half-time applications judge, the Chief Justice may approve that person to continue in office as a half-time applications judge on that person’s retirement as a full-time applications judge if the conditions in subsection (6) are met.

(4) Where an applications judge (

a) has been approved to con tinue in office as a full-time applications judge pursuant to

section 8.2, and (

b) states in writing to the Chief Justice that the applicatio ns judge is prepared to retire as a full-time applications judge in order to continue in office as a half-time applications judge, the Chief Justice may approve that person to continue in office as a half-time applications judge on that person’s retirement as a full-time applications judge if the conditions in subsection (6) are met.

(5) Where an applications judge (

a) is a half-time applications judge whose term is about to expire, and (

b) states in writing to the Chief Justice that the applicatio ns judge is prepared to continue as a half-time applications judge, the Chief Justice may approve that person to continue in office for one year as a half-time applications judge if the conditions in subsection (6) are met.

(6) The Chief Justice may approve a person to continue in office under subsection (3), (4) or (5) if (

a) the Chief Justice determines that approving that person to continue in office under subsection (3), (4) or (5) will enhance the efficient and effective administration of the Court, and (

b) the approval is given in accordance with and subject to th e criteria established by the Chief Justice and approved by the Judicial Council. (7),

(7.1) Repealed 2017 c22 s15.

RSA 2000

Section 8.21

Chapter C-31 COURT OF KING’S BENCH ACT 9

(8) An applications judge shall only be approved to continue in office as a half-time applications judge if (

a) the applications judge has consented to continue in office as a half-time applications judge, (

b) the applications judge is not nor has been approved to continue in office as an ad hoc applications judge, and (

c) the applications judge has n ot attained the age of 75 years.

(9) The term for which a half-time applications judge is approved to continue in office under this

section is as follows: (

a) if the applications judge is approved to continue in offic e under subsection (2), the term commences on the date the applications judge is approved to continue in office as a half-time applications judge and expires on the commencement of the applications judge’s 70th birthday; (

b) if the applications judge is approved to continue in offic e under subsection (3), the term is one year commencing on the applications judge’s 70th birthday; (

c) if the applications judge is approved to continue in offic e under subsection (4), the term commences on the date the applications judge is approved to continue in office as a half-time applications judge and expires on the commencement of the applications judge’s next birthday; (

d) if the applications judge is approved to continue in offic e under subsection (5), the term is one year commencing on the expiry of the previous term.

(10) A half-time applications judge must serve the equivalent of 6 months of full-time service during the year.

(11) Half-time applications judges shall, in addition to any pension benefits, be paid an annual salary of up to 50% of the annual salary of a full-time applications judge, but the total annual salary and pension benefits payable to a half-time applications judge cannot exceed the annual salary of a full-time applications judge.

(12) Notwithstanding anything in this section, the term of a half-time applications judge expires when the applications judge attains the age of 75 years.

(12.1) If an applications judge is approved to continue in office under this section, the Chief Justice shall notify the person

RSA 2000

Section 8.3

Chapter C-31 COURT OF KING’S BENCH ACT 10 designated by the Minister no later than 20 days before the effective date of the approval in the form approved by the Minister.

(13) Subject to

Part 6 of the Judicature Act, no half-time applications judge approved to continue in office under this

section may be removed from office before the expiry of that applications judge’s. (14) An applications judge who, on the coming into force of this subsection, is serving a term of office after having been appointed or reappointed under subsection (2), (3), (4) or (5), as they read at any time before the coming into force of this subsection, is deemed, on the coming into force of this subsection, to have been approved to continue in office for the same term. 2011 c20 s4;2014 c13 s1;2017 c22 s15;2019 c14 s2;AR 137/2022 Appointment of ad hoc applications judge 8.3(1) Where (

a) an applications judge retires or resigns, or (

b) the term of office of an applications judge approved to continue in office under

section 8.2 expires, that person may elect to become an ad hoc applications judge.

(2) An applications judge who is retired from office under

Part 6 of the Judicature Act is not entitled to elect to become an ad hoc applications judge.

(3) The Chief Justice may approve a person to continue in office as an ad hoc applications judge if the person has made an election under subsection (1).

(4) The term of an ad hoc applications judge is 2 years, but the Chief Justice may approve the ad hoc applications judge to continue in office for further periods of 2 years.

(5) Section 8.1 does not apply to an ad hoc applications judge.

(6) If an applications judge is approved to continue in office under this section, the Chief Justice shall notify the person designated by the Minister no later than 20 days before the effective date of the approval in the form approved by the Minister.

RSA 2000

Section 8.4

Chapter C-31 COURT OF KING’S BENCH ACT 11

(7) An applications judge who, on the coming into force of this subsection, is serving a term of office after having been appointed under subsection (3), as it read at any time before the coming into force of this subsection, is deemed, on the coming into force of this subsection, to have been approved to continue in office for the same term. 2008 c13 s8;2017 c22 s15;AR 137/2022 Resignation 8.4 An applications judge may at any time resign from being an applications judge by giving a written notice signed by that applications judge that includes the effective date of the resignation and delivering that notice to the Minister. 2008 c13 s8;AR 137/2022 Jurisdiction 9(1) In regard to all matters brought or proposed to be brought in the Court, an applications judge (

a) has the same power and may exercise the same jurisdiction as a judge sitting in chambers except in respect of (

i) appeals, applications in the nature of appeals, applications concerning the hearing of appeals and applications to vary or rescind an order made by a judge, (ii) subject to subsection (2), stays of proceedings after verdict or on judgment after trial or hearing before a judge, unless all parties consent to the exercise of that jurisdiction by the applications judge, and (iii) a matter for which the Chie f Justice has given a direction that an applications judge is not to exercise that jurisdiction, a n d (

b) with the consent of the parties, has the same power and ma y exercise the same jurisdiction as a judge for hearing, determining and disposing of all applications and other matters.

(2) An applications judge may, under

section 181(1)(

a) of the Traffic Safety Act, order that a suspension of a licence be stayed.

(3) Notwithstanding subsection (1), the power of and the jurisdiction exercisable by an applications judge does not include (

a) the trial of actions,

RSA 2000

Section 10

Chapter C-31 COURT OF KING’S BENCH ACT 12 (

b) the determination of disputed or contentious questions of fact unless the parties agree to the disposition of the questions in chambers on affidavit evidence and without the trial of an issue or the hearing of oral evidence, (

c) any matters relating to criminal proceedings or the libert y of the subject, (

d) applications relating to civil contempt or for an injuncti on or a judgment or order in the nature of certiorari, prohibition, mandamus or quo warranto, or (

e) anything that by law is required to be done by a judge.

(4) Notwithstanding subsection (3), an applications judge has the same power and may exercise the same jurisdiction as the Court under sections 17 and 27 to 32 of the Maintenance Enforcement Act. RSA 2000 cC-31 s9;RSA 2000 cT-6 s195;RSA 2000 c17(Supp) s4; 2001 c23 s8;2009 c53 s4;2015 c12 s2;AR 137/2022 Jurisdiction 10 Notwithstanding

section 48 of the Law of Property Act, an applications judge has power and jurisdiction (

a) to postpone the day fixed f or redemption in any order made by the applications judge, and (

b) to reopen a final order for foreclosure made by the applications judge. RSA 2000 cC-31 s10;AR 137/2022 Inability of applications judge to complete proceedings 10.1 If a proceeding has commenced and the presiding applications judge is unable for any reason to complete the proceedings, any applications judge requested by the Chief Justice to act may (

a) continue the proceedings t o completion from where the proceedings were left off, or (

b) recommence the proceedings if in the opinion of the applications judge that is required to ensure justice. 2008 c13 s9;AR 137/2022 Judgment by former applications judge 10.2 If an applications judge ceases to hold office without giving a judgment or making an order in any matter that was fully heard by that applications judge, that person may, within 3 months after ceasing to hold office, give judgment or make an order in that

RSA 2000

Section 11

Chapter C-31 COURT OF KING’S BENCH ACT 13 matter as if that person were still an applications judge, and that judgment or order has the same effect as though given by an applications judge. 2008 c13 s9;AR 137/2022 Referee 11 An applications judge is an official referee for the purposes of a reference by a judge. RSA 2000 cC-31 s11;AR 137/2022 Appeal 12 An appeal lies to a judge in chambers from a decision of an applications judge.

RSA 2000 cC-31 s12;AR 137/2022 Reference to judge 13 An applications judge may refer any matter before the applications judge to a judge for decision and the judge may dispose of or refer back the matter in whole or in part.

RSA 2000 cC-31 s13;AR 137/2022 Protection from action 14(1) No action may be brought against an applications judge for any act done or omitted to be done in the execution of the applications judge’s duty or for any act done in a matter in which the applications judge lacked jurisdiction or exceeded the applications judge’s jurisdiction unless it is proved that the applications judge acted maliciously and without reasonable and probable cause.

(2) No action for the recovery of damages lies against any person in respect of

an act or thing done or omitted to be done at any time, whether before or after the coming into force of this section, in the execution of an order, warrant or judgment to which subsection (1) relates, or purporting to be done in compliance with or incidental to an order, warrant or judgment.

(3) The Minister may make a payment for damages or costs, including lawyer’s charges, incurred by the applications judge in respect of

an act, omission or matter described in subsection (1). RSA 2000 cC-31 s14;2008 c32 s2;2009 c53 s4;2013 c10 s34; AR 137/2022;2022 c21 s17 Confidentiality of selection process 14.1 Records containing information arising from the process for the selection of applications judges are confidential and notwithstanding the Access to Information Act are not subject to that Act. 2008 c13 s10;AR 137/2022;AR 141/2025

RSA 2000

Section 15

Chapter C-31 COURT OF KING’S BENCH ACT 14 Complaints 15 A complaint about an applications judge respecting the applications judge’s (

a) competence, (

b) conduct or misbehaviour, (

c) neglect of duty, or (

d) inability to perform the applications judge’s duty must be dealt with in accordance with

Part 6 of the Judicature Act. RSA 2000 cC-31 s15;AR 137/2022 Restriction on other employment 15.1(1) Unless otherwise authorized by the Lieutenant Governor in Council, an applications judge who is appointed as a full-time, half-time or part-time applications judge shall not carry on or practise any other business, profession, trade or occupation.

(2) This

section applies only to applications judges appointed on or after the date this

section comes into force. 2011 c20 s4;AR 137/2022 Regulations 16(1) The Lieutenant Governor in Council shall make regulations (

a) fixing the salaries to be paid to applications judges; (

b) fixing the amount to be paid to applications judges sittin g part time and half-time; (

c) providing for the benefits to which applications judges ar e entitled, including (

i) personal expense allowances and services; (ii) travel and moving allowances; (iii) leaves of absence and vacations; (iv) sick leave credits and p ayments in respect of those credits; (

v) benefits under one or more pension plans for applications judges and other individuals deriving benefit entitlements through them;

RSA 2000

Section 16.1

Chapter C-31 COURT OF KING’S BENCH ACT 15 (

d) without limiting anything in clause (c), providing for the continuation or establishment of (

i) one or more pension plans, including a supplemental retirement plan that may or may not be registrable under the Income Tax Act (Canada), and (ii) one or more pension funds, including the making of any provisions in respect of those plans or funds that are made, or that are similar to or that correspond to provisions made, by or under, or that could be made under, the Public Sector Pension Plans Act with respect to any pension plan or pension fund continued or established by that Act; (

e) providing for the transfer or other disposition of those benefits to which persons appointed as applications judges under this Act were entitled under the Public Service Act and the regulations under that Act or the Public Service Pension Plan, the Public Service Management (Closed Membership) Pension Plan or the Management Employees Pension Plan at the time of their appointment under this Act.

(2) Regulations made under subsection (1) shall, if so provided in the regulation, be effective from a date prior to the making of the regulation. RSA 2000 cC-31 s16;2011 c20 s4;AR 137/2022 Case Management Counsel Appointment of case management counsel 16.1 In accordance with the Public Service Act, there may be appointed officers of the Court called case management counsel as the business of the Court requires. 2014 c13 s1 Power and duties of case management counsel 16.2(1) Subject to this section, a case management counsel may perform all duties with respect to the case management of matters before the Court that are (

a) assigned by the Chief Justice, or (

b) expressly assigned for per formance by a case management counsel in the Alberta Rules of Court.

(2) The powers and duties of a case management counsel do not include functions that require judicial independence and those

RSA 2000

Section 17

Chapter C-31 COURT OF KING’S BENCH ACT 16 functions shall not be assigned to case management counsel by the Chief Justice. 2014 c13 s1 Officers and Employees Generally Personnel 17 In accordance with the Public Service Act, there may be appointed all officers and employees that the business of the Court requires. RSA 1980 cC-29 s15 Powers of officers of Court 18(1) An officer of the Court, for the purpose of matters directed by the Court to be taken before the officer, has power to administer oaths, take affidavits and statutory declarations, receive affirmations and question parties and witnesses, as the Court may direct.

(2) An officer of the Court, at the direction of the Court, may assist the Court with respect to the management of matters before the Court and the business of the Court. RSA 2000 cC-31 s18;RSA 2000 c16(Supp) s72; 2008 c13 s11;2009 c53 s4 Duties of sheriffs, etc. 19 Sheriffs, civil enforcement bailiffs, jailers and peace officers shall give assistance to and comply with the directions of the Court and the judges in the exercise of the jurisdiction of the Court. RSA 1980 cC-29 s17;1994 cC-10.5 s119 Miscellaneous 20 Repealed 2009 c53 s4.

Costs 21 Subject to an express provision to the contrary in any enactment, the costs of and incidental to any matter authorized to be taken before the Court or a judge are in the discretion of the Court or judge and the Court or judge may make any order relating to costs that is appropriate in the circumstances. RSA 1980 cC-29 s19 Court sittings 22 The Chief Justice, in consultation with the Associate Chief Justices, may designate the sittings of the Court. RSA 2000 cC-31 s22;2015 c12 s2

RSA 2000

Section 23

Chapter C-31 COURT OF KING’S BENCH ACT 17 Judicial districts 23 The Lieutenant Governor in Council may by regulation (

a) establish judicial districts and sub-districts; (

b) alter the boundaries of any judicial district or sub-district; (

c) provide for and govern the transfer and the effect of the transfer of documents and judicial processes from one judicial district or sub-district to another judicial district or sub-district; (

d) make any provision that the Lieutenant Governor in Council considers necessary to protect any interests affected by the operation of a regulation made under this section. RSA 1980 cC-29 s21;1994 cC-10.5 s119 Council of judges 24(1) A council comprised of the judges shall, at least once in every year on a day fixed by the Chief Justice and of which the Chief Justice shall give notice to the judges, assemble for the purpose of (

a) considering (

i) the operation of this Act and the rules made under this Act, and (ii) the working of, and the arrangements governing the performance of duties by, the officers of the Court, a n d (

b) inquiring into and examining any defects that appear to ex ist in the procedure of any court or other authority.

(2) If it considers it necessary and appropriate to do so, the council may form one or more subcommittees to deal with any matter referred to in subsection (1) and each subcommittee so formed shall meet at the times and places necessary to achieve the purpose for which it was formed.

(3) The council shall report its recommendations to the Lieutenant Governor in Council. RSA 2000 cC-31 s24;2008 c13 s12 Meetings, conferences and seminars 24.1 For the purpose of

section 41 of the Judges Act (Canada), a judge is authorized to attend, with the approval of the Chief Justice,

RSA 2000

Section 26

Chapter C-31 COURT OF KING’S BENCH ACT 18 a meeting, conference or seminar that is held for a purpose relating to the administration of justice. 2019 c14 s2 25 Repealed 2009 c53 s4. Transitional and Consequential References 26 If in any statute, ordinance, regulation, rule, order, bylaw, agreement or other instrument or document reference is made to (

a) the Supreme Court of the North-West Territories sitting other than en banc, and the reference occurred prior to September 1, 1905, (

b) The Supreme Court of Alberta without words indicating the Division of that Court, (

c) The Trial Division of the Supreme Court of Alberta, (

d) The District Court of Northern Alberta, (

e) The District Court of Southern Alberta, (

f) The District C ourt of Alberta, (f.1) the Court of Queen’s Bench of Alberta, or (

g) a judge of any of those courts, the reference shall be read as a reference to the Court of King’s Bench of Alberta or a judge of that Court, as the case may be, unless the context otherwise requires. RSA 2000 cC-31 s26;AR 217/2022 Transition to new name 27(1) The Lieutenant Governor in Council may amend sections 2(1) and 8(1) so that (

a) the superior court of civil and criminal jurisdiction is styled as something other than the Court of King’s Bench of Alberta, and (

b) officers appointed under sec tion 8(1) are called something other than masters in chambers.

(2) For the purposes of making any necessary changes as a result of amendments made under subsection (1), the Lieutenant Governor in Council may, by regulation,

RSA 2000

Section 27

Chapter C-31 COURT OF KING’S BENCH ACT 19 (

a) amend the title to this Act, and (

b) amend this Act, the regulations under this Act or any othe r Act or any regulation.

(3) The regulations authorized by this

section may be made notwithstanding that a regulation being amended was made by a member of the Executive Council or some other person or body. 2018 c20 s6;AR 217/2022

Printed on Recycled Paper *9780779854462*

Document details

Collection	Alberta — Consolidated Statutes
Citation	RSA 2000 cC-31
Type	statute
Volume / chapter	RSA 2000 cC-31
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	f34f27cc90a9f738ce85901e7604746b64a27c26

Source file is stored in the law ingest library (pdf).