Financing Rules for Municipal Justice Services
The proposed regulation focuses on the Act Respecting Municipal Courts and the Courts of Justice Act, which outline the financing rules for municipal justice services. These amendments are designed to improve the efficiency, accessibility, and performance of the justice system while reforming municipal courts. They clarify that municipalities are responsible for funding the assignment, management, and functions of municipal judges. Specifically, municipalities that have established municipal courts will be obligated to cover the salaries, pensions, insurance, and other benefits for municipal judges, including additional compensation for roles such as chief municipal judge, coordinating judge, and associate coordinating judge. Furthermore, municipalities will also assume expenses related to the management of the judges’ offices.
The cost per sitting in municipal courts will be determined by dividing the total amounts required to operate the courts by the number of sittings held throughout the year. A “sitting” refers to the time a judge spends on the bench, whether in the morning, afternoon, or after 6 p.m. Municipalities must reimburse the Minister of Justice for each sitting held in the courts. For common municipal courts shared among multiple municipalities, the costs will be divided among the participating municipalities, which will be collectively responsible for the debt.
Each year, by October 3, the Minister of Justice will provide municipalities with an estimated payment amount for the upcoming year. Payments will be made in four installments throughout the year, and the actual annual amount owed will be confirmed by February 1 of the following year. If a municipality has overpaid, it will be reimbursed; conversely, any underpayments must be settled by February 20. Additionally, municipalities must contribute to the pension plans for municipal judges.
If a municipality fails to make a payment by the due date, interest will accrue at the rate specified in the Tax Administration Act, compounded monthly. However, no interest will be applied to amounts owed for the year 2024. Municipalities are required to report the number of sittings held by municipal judges quarterly to the Minister of Justice, applicable to both individual and common municipal courts. Finally, sections of existing regulations concerning pension plans for judges and municipal contributions will be revoked or amended to align with these new rules.
These amendments aim to create a more transparent and equitable approach to compensating municipalities for government-owned properties while streamlining the financing and operation of municipal courts. By establishing a clear framework for the administration of funds, payments, and pension contributions, the regulations emphasize fair compensation and accountability, ultimately striving to improve the efficiency of the municipal justice system in Quebec.
Quebec (Proposed) July 10, 2024