First Session, 46th General Assembly
57 Elizabeth II, 2008
AN ACT TO AMEND THE
Received and Read the First Time...................................................................................................
HONOURABLE JEROME P. KENNEDY, Q.C.
Minister of Justice and Attorney General
Ordered to be printed by the Honourable House of Assembly
This Bill would amend the
Clause 1 of the Bill would define "judges' association".
Clause 2 of the Bill would provide for the appointment of part time judges.
Clause 3 of the Bill would amend section 7 of the Act respecting the temporary replacement of the chief judge as a consequence of the amendments proposed in clause 4 relating to the appointment of an associate chief judge.
Clause 4 of the Bill would amend the Act to provide for the appointment of an associate chief judge.
Clause 5 of the Bill would amend the
Act respecting the appointment of the chairperson of the
Clause 6 of the Bill would amend the Act to reflect the actual date on which the salary and benefits tribunal made its report on judicial indemnification.
Clauses 7 to 11 of the Bill would repeal or amend various out of date provisions of the Act.
Clause 12 is a commencement clause.
AN ACT TO AMEND THE
2. S.5.2 Added
Ss.38 and 39 Rep.
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1. Section 2 of the Provincial Court Act, 1991 is amended by adding immediately after paragraph (f) the following:
(f.1) "judges' association" means the
2. The Act is amended by adding immediately after section 5.1 the following:
Part time judges
5.2 (1) The Lieutenant-Governor in Council shall establish a panel of judges who have retired or resigned who have not reached the age of 70 years and who, at the time of their retirement or resignation, have given notice to the chief judge of their intention to be available for judicial duties.
(2) A person appointed to the panel referred to in subsection (1) is considered to be a judge and this Act applies to him or her as if he or she had not retired or resigned.
(3) Where the chief judge believes
(a) an additional judge is urgently required to conduct the business of the court;
(b) the conduct of a trial on a timely basis would be facilitated; or
(c) the efficiency of the court would be facilitated by doing so,
the chief judge may select a person from the panel established under subsection (1) to act as, and to exercise the powers of, a judge to conduct the business of the court.
(4) A person selected under subsection (3) shall be paid a daily rate of 1/248 of a judge's, other than the chief judge's or the associate chief judge's, salary and shall be paid one half the daily rate for one half of a day's work or less.
(5) A person who is selected under subsection (3) is not entitled to benefits or remuneration in addition to that provided for in subsection (4) but he or she may be paid his or her travel and other expenses associated with his or her work as a judge.
(6) Service by a person selected under subsection
(3) does not count as service for the purpose of the Public Service Pensions Act, 1991 or the
(7) The Lieutenant-Governor in Council shall not remove a person from the panel appointed under subsection (1) except
(a) upon the written request of the person to the chief judge;
(b) upon the person reaching the age of 70 years;
(c) upon the order of the judicial council under paragraph 23(b); or
(d) upon the death of the person.
(8) Where a person requests to be removed from the panel under paragraph (7)(a), the person is considered to be removed from the panel on the later of the date specified in the request or the date on which the chief judge receives the request.
(9) A person selected under subsection (3) shall not, in a 12 month period, serve as a judge for a period that would result in his or her remuneration plus an amount paid him or her under the Public Service Pensions Act, 1991 or the Provincial Court Judges' Pension Plan Act exceeding the annual salary paid a judge appointed under section 5.
(10) Service as judges by all the persons selected under subsection (3) shall not exceed 248 days in total in a 12 month period.
3. Section 7 of the Act is repealed and the following substituted:
7. (1) The Lieutenant-Governor in Council shall appoint a judge as chief judge.
(2) The term of office of the chief judge appointed under subsection (1) shall be 10 years.
(3) A chief judge whose office is vacant due to illness or for other cause shall be considered to have resigned his or her office as chief judge if that vacancy continues for more than one year.
4. The Act is amended by adding immediately after section 7 the following:
Associate chief judge
7.1 (1) The Lieutenant-Governor in Council, on the recommendation of the minister, after consultation with the chief judge, shall appoint a judge as associate chief judge.
(2) The associate chief judge shall perform the duties assigned to him or her by the chief judge.
(3) Where the chief judge is unable to perform his or her duties due to illness or for another reason, or where the position of chief judge is vacant, the associate chief judge shall perform the duties of the chief judge until he or she is able to perform his or her duties or, in the event of a vacancy, until a chief judge is appointed under subsection 7(1).
(4) When acting as the chief judge under subsection (3), the associate chief judge has all the powers of the chief judge.
(5) Where acting as the chief judge under subsection (3), the associate chief judge shall, while exercising the powers, functions and duties of the chief judge, be paid the same salary received by the chief judge.
(6) A judge appointed as associate chief judge holds office for the unexpired portion of the term of the chief judge and is eligible to be reappointed.
(7) Where the chief judge ceases to hold office as chief judge before the expiry of his or her term of office, the appointment of the associate chief judge ends on the appointment of a new chief judge.
5. (1) Subsection 28(3) of the Act is repealed and the following substituted:
(3) The Lieutenant-Governor in Council, after consultation with the chief judge and the president of the judges' association, shall appoint one of the members as the chairperson of the tribunal.
(2) Subsection 28(6) of the Act is amended by striking out the reference to the "Public Inquiries Act" and substituting the reference to the "Public Inquiries Act, 2006".
6. (1) Subsection 28.2(1.1) of the Act is
amended by deleting the date "
(2) Subsection 28.2(1.2) of the Act is repealed and the following substituted:
(1.2) The next report required under subsection (1)
(3) Subsection (1) is considered to have come into
(4) Subsection 28.2(1.1) of the Act is repealed.
7. Section 28.3 of the Act is repealed.
8. Paragraph 29(d) of the Act is repealed and the following substituted:
(d) subject to Part II of the Rooms Act, providing for the safekeeping, inspection and destruction of books, documents and papers of the court;
9. Section 34 of the Act is repealed.
10. Subsection 36(2) of the Act is repealed.
11. Sections 38 and 39 of the Act are repealed.
12. This Act or a section, subsection or paragraph of this Act comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.
ŠEarl G. Tucker, Queen's Printer