66

 


Third Session, 45th General Assembly

55 Elizabeth II, 2006

BILL 66

AN ACT TO AMEND THE PROVINCIAL COURT ACT, 1991 AND
THE HUMAN RIGHTS CODE

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee............................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE THOMAS W. MARSHALL, QC

Minister of Justice and Attorney General

Ordered to be printed by the Honourable House of Assembly

  

EXPLANATORY NOTES

Clause 1 of the Bill would amend the Provincial Court Act, 1991 to change the retirement age for judges from age 65 to age 70.

In Clause 2 of the Bill, the Human Rights Code would be amended to provide that the right under section 9 to equal treatment with respect to employment is not infringed by the requirement for retirement of judges at a particular age which is contained in the Provincial Court Act, 1991.

A BILL

AN ACT TO AMEND THE PROVINCIAL COURT ACT, 1991 AND THE HUMAN RIGHTS CODE

Analysis


              PROVINCIAL COURT ACT, 1991

        1.   S.12 Amdt.
Retirement

HUMAN RIGHTS CODE

        2.   S.9 Amdt.
Discrimination in employment


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

PROVINCIAL COURT ACT, 1991

SNL1991 c15
as amended

        1. Subsection 12(1) of the Provincial Court Act, 1991 is repealed and the following substituted:

Retirement

      12. (1) Every judge shall retire upon attaining the age of 70 years.

HUMAN RIGHTS CODE

RSNL1990 cH-14 as amended

        2. Section 9 of the Human Rights Code is amended by adding immediately after subsection (6) the following:

             (7)  The right under this section to equal treatment with respect to employment is not infringed where a judge is required to retire on reaching a specified age under the Provincial Court Act, 1991.