Statutes of Newfoundland and Labrador 2022 Chapter 2

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL1991 c15
as amended

1. (1) Section 2 of the Provincial Court Act, 1991 is amended by renumbering paragraph (a) as paragraph (a.1) and by adding immediately before paragraph (a.1) the following:

(a) "associate chief judge" means the associate chief judge appointed under section 7.1;

(2) Paragraph 2(f) of the Act is repealed and the following substituted:

(f) "judge" means a Provincial Court judge appointed under this Act and includes the associate chief judge and the chief judge;

2. Subsection 5(2) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

3. Subsection 5.1(2) of the Act is repealed and the following substituted:

(2) A judge appointed under subsection (1) shall

(a) hold office for the term set by the Lieutenant-Governor in Council, but the appointment is subject to the judge remaining a judge of the provincial court of the province in which the judge was appointed;

(b) have the powers and duties given by section 4 to a judge appointed under section 5;

(c) be paid for services as if the judge were a judge appointed under section 5, in the proportion that the number of days of service bears to a full year of service;

(d) be reimbursed for the expenses incurred in performing the judge's duties; and

(e) be subject to the authority of the chief judge set out in section 8.

4. (1) Subsection 5.2(2) of the Act is amended by

(a) deleting the words "him or her" and substituting the words "the person"; and

(b) deleting the words "he or she" and substituting the words "the person".

(2) Subsection 5.2(5) of the Act is repealed and the following substituted:

(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 may be paid travel and other expenses associated with the person's work as a judge.

(3) Subsection 5.2(9) of the Act is amended by

(a) deleting the words "his or her" and substituting the words "the person's"; and

(b) deleting the words "him or her" and substituting the words "to the person".

5. Subsection 6(1) of the Act is amended by deleting the words "his or her".

6. Subsection 7(3) of the Act is amended by deleting the words "his or her office".

7. (1) Subsection 7.1(2) of the Act is amended by deleting the words "to him or her".

(2) Subsection 7.1(3) of the Act is amended by

(a) deleting the words "his or her" wherever they appear and substituting the words "the chief judge's"; and

(b) deleting the words "he or she" and substituting the words "the chief judge".

(3) Subsection 7.1(7) of the Act is amended by deleting the words "his or her" and substituting the words "the chief judge's".

8. Subsection 9(1) of the Act is repealed and the following substituted:

Other employment

9. (1) A judge shall not engage in a business, trade or occupation but shall devote the judge's whole time to the performance of duties as a judge.

9. (1) Subsection 11(1) of the Act is amended by deleting the words "his or her" and substituting the words "the judge's".

(2) Subsection 11(2) of the Act is amended by deleting the words "his or her" and substituting the words "the chief judge's".

10. (1) Subsection 12(2) of the Act is amended by deleting the words "his or her".

(2) Subsection 12(3) of the Act is amended by deleting the words "his or her" and substituting the words "the judge's".

11. Subsection 13(2) of the Act is amended by deleting the words "his or her" and substituting the words "the judge's".

12. Subsection 14(1) of the Act is amended by deleting the words "his or her" and substituting the words "the judge's".

13. (1) Paragraph 16(5)(b) of the Act is amended by deleting the words "he or she" and substituting the words "the member".

(2) Subsection 16(5.1) of the Act is amended by deleting the words "his or her" and substituting the words "the bencher's".

14. Subsection 19(2) of the Act is amended by deleting the words "his or her" and substituting the words "the chief judge's".

15. Subsection 20(5) of the Act is amended by

(a) deleting the words "his or her" and substituting the words "the member's"; and

(b) deleting the words "he or she is".

16. Subsection 23(3) of the Act is amended by deleting the words "his or her" and substituting the words "the judge's".

17. Paragraph 25.1(2)(f) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the judge's".

18. Paragraph 25.2(3)(f) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the judge's".

19. (1) Paragraph 25.3(3)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the judge's".

(2) Paragraph 25.3(4)(c) of the Act is amended by deleting the words "his or her name" and substituting the word "it".

20. (1) Subsection 26(3) of the Act is amended by deleting the words "his or her".

(2) Subsection 26(4) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

(3) Subsection 26(5) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

(4) Subsection 26(6) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

21. Section 27 of the Act is amended by deleting the words "his or her" wherever they appear.

22. The Act is amended by adding immediately after section 27 the following:

Judges' salary

27.1 (1) Effective July 1, 2021, and on July 1 in every year after that, the annual salary of judges, not including the chief judge and the associate chief judge, shall be adjusted to an amount equal to the average annual salary of provincial court judges in Nova Scotia, Prince Edward Island and New Brunswick as determined on April 1, 2021 and on April 1 in every year after that, as applicable.

(2) Effective July 1, 2021, and on July 1 in every year after that, the annual salary of the chief judge shall be adjusted to an amount equal to the average annual salary of chief judges in Nova Scotia, Prince Edward Island and New Brunswick as determined on April 1, 2021 and on April 1 in every year after that, as applicable.

(3) Effective July 1, 2021, and on July 1 in every year after that, the annual salary of the associate chief judge shall be adjusted by a percentage equal to the percentage by which the annual salary of the chief judge is adjusted under subsection (2), with retroactive effect where applicable.

(4) For the purposes of subsections (1) and (2) where it is determined that the average annual salary of judges or chief judges in Nova Scotia, Prince Edward Island and New Brunswick for a prior year or years has increased as a result of a retroactive salary increase, the adjustment of salary shall include, with retroactive effect, an amount equal to the difference between

(a) the increased average annual salary for that year or years with retroactive application; and

(b) the average annual salary as calculated under subsection (1) or (2).

23. Section 28 of the Act is repealed and the following substituted:

Appointment of tribunal

28. (1) The Lieutenant-Governor in Council shall, on or before June 1, 2022, appoint a tribunal consisting of 3 persons to prepare a report on the adequacy of the salaries payable to judges, the associate chief judge and the chief judge under this Act and on the benefits of judges, the associate chief judge and the chief judge for the period of April 1, 2021 to March 31, 2027.

(2) The Lieutenant-Governor in Council shall

(a) on or before June 1, 2026, appoint a tribunal consisting of 3 persons to prepare a report on the adequacy of the salaries payable to judges, the associate chief judge and the chief judge under this Act and on the benefits of judges, the associate chief judge and the chief judge for the period of April 1, 2027 to March 31, 2031; and

(b) on or before June 1 in every fourth year after 2026, appoint a tribunal consisting of 3 persons to prepare a report on the adequacy of the salaries payable to judges, the associate chief judge and the chief judge under this Act and on the benefits of judges, the associate chief judge and the chief judge for each subsequent 4 year period.

(3) A tribunal appointed under subsections (1) and (2) shall consist of

(a) one member designated by the minister;

(b) one member designated by the judges' association; and

(4) The member appointed under paragraph (3)(c) shall be the chair of the tribunal.

(5) Where the members appointed under paragraphs (3)(a) and (b) are unable to agree on a member to be appointed under paragraph (3)(c), the Lieutenant-Governor in Council shall appoint a member who shall be the chair of the tribunal.

(6) The term of office of the members of the tribunal appointed under this section is 4 years.

(7) The Lieutenant-Governor in Council shall appoint a member to fill a vacancy on the tribunal and that person shall serve for the balance of the term of the member being replaced.

(8) The persons appointed to the tribunal under this section have the powers, privileges and immunities of a commissioner under the Public Inquiries Act, 2006.

(9) In this section and sections 28.1 and 28.2, "tribunal" means the salaries and benefits tribunal appointed under this section.

24. Subsection 28.1(3) of the Act is repealed and the following substituted:

(3) Subsections 28.2(2) to (6) apply to a report submitted to the minister under subsection (2).

25. Section 28.2 of the Act is repealed and the following substituted:

Tribunal's report

28.2 (1) Notwithstanding section 28.1,

(a) the tribunal appointed under subsection 28(1) shall review and report on the adequacy of the salaries payable to judges, the associate chief judge and the chief judge under this Act and on the benefits of judges, the associate chief judge and the chief judge and shall present its recommendations together with reasons to the minister and the president of the judges' association on or before December 1, 2022;

(b) the tribunal appointed under subsection 28(2) shall review and report on the adequacy of the salaries payable to judges, the associate chief judge and the chief judge under this Act and on the benefits of judges, the associate chief judge and the chief judge and shall present its recommendations together with reasons to the minister and the president of the judges' association on or before December 1, 2026 and on or before December 1 in every fourth year after that.

(2) The minister or the judges' association may apply to the tribunal for a clarification of a matter in the report or in respect of a matter the tribunal did not address in the report within 7 days of receiving the report referenced in subsection (1).

(3) Where an application is made under subsection (2), the tribunal shall consider the application and provide any clarification within 15 days after the application is made, and the report is not considered to be received until the clarification is provided.

(4) The Lieutenant-Governor in Council shall approve, vary or reject a report within 60 days of the minister receiving the report under subsection (1).

(5) Where the Lieutenant-Governor in Council varies or rejects a report under subsection (4), the Lieutenant-Governor in Council shall provide reasons to the tribunal and to the president of the judges' association.

(6) Where the Lieutenant-Governor in Council does not approve, vary or reject a report within the time period prescribed in subsection (4), the recommendations of the tribunal shall be considered to be accepted and judges are entitled to

(a) the salary proposed by those recommendations, where the recommendations respecting salary are consistent with the salary determined under section 27.1; and

(b) the benefits proposed by those recommendations.

26. Subsection 33(1) of the Act is amended by deleting the words "his or her" and substituting the words "the judge's".

Commencement

27. Section 22 is considered to have come into force on April 1, 2021.