2013 BILL 16

	16


Second Session, 47th General Assembly 62 Elizabeth II, 2013
BILL 16
AN ACT TO AMEND THE PROVINCIAL COURT ACT, 1991
Received and Read the First Time...................................................................................................
Second Reading.................................................................................................................................
Committee............................................................................................................................................
Third Reading.....................................................................................................................................
Royal Assent......................................................................................................................................
HONOURABLE DARIN KING Minister of Justice
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Provincial Court Act, 1991 to

· modernize the definition of "clerk";

· repeal the oath for shorthand reporters;

· remove the requirement for the judges of the Provincial Court to meet once yearly and provide that meetings of the judges will be held at the discretion of the Chief Judge; and

· allow participation in the meetings of the judges in person, by videoconference or by another means of electronic communication.

A BILL

AN ACT TO AMEND THE PROVINCIAL
COURT ACT, 1991

Analysis

1. S.2 Amdt.
Definitions

2. S.27 Amdt.
Duties of clerks

3. S.35 Amdt.
Conference of judges

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

SNL1991 c15
as amended

1. Paragraph 2(b) of the Provincial Court Act, 1991 is repealed and the following substituted:

(b) "clerk" means a court administrator or designated court officer and includes a clerk acting under the Criminal Code and the Youth Criminal Justice Act (Canada) and a person who performs the duties of a clerk of the court;

2. Subsection 27(4) of the Act is repealed.

3. (1) Subsection 35(1) of the Act is amended by deleting the words "at least once yearly".

(2) Section 35 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) A judge may participate in a conference in person, by video conference or by another form of electronic communication so long as all participants may communicate simultaneously and instantaneously.