AI-assisted research summary: The Act lets judges acting as persona designata use their judge-like jurisdiction for enforcement, allows their orders to be filed and treated as Court of King’s Bench orders, and limits appeals unless expressly authorized or leave is granted.
1 JUDGES’ ORDERS ENFORCEMENT c J-2 The Judges’ Orders Enforcement Act being Chapter J-2 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979) as amended by the Statutes of Saskatchewan, 1979-80, c 92; 2018, c 42; and 2024, c 4. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c J-2 JUDGES’ORDERS ENFORCEMENT Table of Contents 1 Short title 2 Jurisdiction of judge 3 Filing orders 4 Fees on filing 5 Entry of orders 6 Appeal 3 JUDGES’ ORDERS ENFORCEMENT c J-2 CHAPTER J-2 An Act respecting Judges’ Orders in Matters not in Court Short title 1 This Act may be cited as The Judges’ Orders Enforcement Act. Jurisdiction of judge 2(1) Unless otherwise provided by the statute under which he acts, where jurisdiction is given to a judge as persona designata, he shall, in addition to the powers conferred by that statute, have the same jurisdiction as to proceedings generally and as to costs and otherwise and for enforcing his orders as in matters under his ordinary jurisdiction as a judge of the court to which he belongs. (2) A judge acting as persona designata has the same immunity from legal liability as he has when exercising his ordinary jurisdiction as a judge of the court. (3) All orders made by a judge so acting may be issued as if they were made in matters in court, or they may simply be signed by the judge. RSS 1978, c J-2, s 2. Filing orders 3 Every order made by a judge of the Court of King’s Bench acting as persona designata may be filed in the office of the local registrar of the Court of King’s Bench at the judicial centre nearest to which the matter is heard, and, upon being so filed, is an order of Her Majesty’s Court of King’s Bench for Saskatchewan and may be enforced as such. 1979-80, c 92, s 42; 2018, c 42, s 65; 2024, c 4, s 32. Fees on filing 4 The same fees shall be payable on every order filed under section 3 as are payable upon the issue of an order made by the judge in the exercise of his ordinary jurisdiction. RSS 1978, c J-2, s 4. Entry of orders 5 Every order filed under section 3 shall be entered in the same manner as a judgment of the court in which the order is so filed. RSS 1978, c J-2, s 5. 4 c J-2 JUDGES’ORDERS ENFORCEMENT Appeal 6(1) No appeal lies from an order made by a judge acting as persona designata unless an appeal is expressly authorized by the Act giving the jurisdiction, or unless special leave is granted by the judge or, in the event of his refusal, by a judge of the Court of Appeal. (2) Subject to the Act authorizing the appeal, the procedure on the appeal shall be the same as is or may be provided on an appeal from a final order, judgment or decision in a civil action of the court to which the judge making the order belongs, given, pronounced or made at or after the trial of the action. RSS 1978, c J-2, s 6; 1979-80, c 92, s 42. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024