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Statutes of Newfoundland 1997


CHAPTER 19

CHAPTER 19

AN ACT TO AMEND THE PROVINCIAL COURT ACT, 1991

(Assented to December 11, 1997)

Analysis

1. S.28 R&S
Appointment of tribunal
Sections Added
28.1 Tribunal to report
on ministerís request
28.2 Tribunalís report
28.3 Transitional

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


SN1991 c15

1. Section 28 of the Provincial Court Act, 1991 is repealed and the following substituted:

Appointment of tribunal

28. (1) The Lieutenant-Governor in Council shall appoint a tribunal consisting of 3 persons to prepare periodically a report containing recommendations on the salaries and benefits of judges and the chief judge.

(2) One of the members of the tribunal shall be the nominee of the chief judge and the other judges of the court.

(3) One person appointed under subsection (1) shall be appointed by the Lieutenant-Governor in Council to serve as chairperson.

(4) The term of office of the members of the tribunal is 4 years.

(5) 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 he or she is replacing.

(6) The persons appointed to the tribunal under subsection (1) have the powers, privileges and immunities of a commissioner under the Public Inquiries Act.

Tribunal to report on ministerís request

28.1 (1) The minister may, at any time, refer a matter respecting salaries or benefits of judges to the tribunal for its review and recommendations.

(2) The tribunal shall submit a report on a matter referred to it under subsection (1) to the minister within 6 months following the date the matter is referred to the tribunal or within the shorter time that the minister may direct.

(3) Subsections 28.2(2), (3) and (4) apply to a report submitted to the minister under subsection (2).

Tribunalís report

28.2 (1) Notwithstanding section 28.1, the tribunal shall review and report on salaries and benefits of judges and shall present its recommendations together with reasons to the minister not later than 4 years from the date of the last tribunal report.

(2) The minister shall, within 15 days of receiving a report under subsection (1) present the report to the House of Assembly if the House of Assembly is in session and if the House of Assembly is not, within 15 days of the commencement of the next session.

(3) The House of Assembly shall consider a report submitted under subsection (2) within 30 days of its being tabled, and shall approve, vary or reject the report.

(4) Where a session is prorogued before a report is dealt with by the House of Assembly under subsection (3), the minister shall re-submit the report within 15 days of the beginning of the next session and the House of Assembly shall consider the report within 30 days of its re-submission and shall approve, vary or reject it.

Transitional

28.3 (1) The first report under section 28.2 of the tribunal appointed after the coming into force of section 28 shall be submitted to the minister no later than April 22, 2001.

(2) Notwithstanding subsections 28.2(2), (3) and (4), the House of Assembly, on the motion of the minister, may reconsider the report previously submitted and dealt with by the House of Assembly on April 22, 1997 and may accept, reject or vary the report as if it had not been previously dealt with.

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