Legislative Assembly of New Brunswick
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An Act to Amend the Provincial Court Act

Legislature :
54
Session :
4
Bill No. :
61
Member :
Hon. Green
First Reading :
2002-5-31
Second Reading :
2002-6-4
Committee of the Whole :
2002-6-4
Amended :
Third Reading :
2002-6-5
Royal Assent :
2002-6-7

Text of Bill :

   Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1               The Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is amended by adding after section 7 the following:

                                                                                    PART I.1
                                                                           SUPPLEMENTARY JUDGES
7.1(1)      The Lieutenant-Governor in Council shall establish a panel composed of judges who have retired or resigned in accordance with this Act, who have not reached the age
of seventy-five years and who have given notice to the chief judge of their intention to be available for judicial duties.

7.1(2)      Where, in the opinion of the chief judge, additional judges are urgently required to conduct the business of the court, 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.

7.1(3)      The chief judge shall not select any additional judges under subsection (2) if the remuneration of the judges would have the effect of exceeding for the fiscal year an
amount that is equal to five per cent of the salaries of twenty-six judges appointed under subsection 2(1), including the salaries of the chief judge and the associate chief judge.

7.1(4)      A person selected under subsection (2) is deemed to be a judge and has all the powers, authority and jurisdiction of a judge appointed under subsection 2(1).

7.1(5)      Sections 5, 19 and 22 apply with the necessary modifications to a person who is selected under subsection (2).

7.1(6)      A person who is selected under subsection (2) shall be paid a daily rate of 1/251 of a judge’s salary, other than the chief judge’s or associate chief judge’s salary, and
shall be paid one-half the daily rate for one-half day’s work or less.

7.1(7)      A person who is selected under subsection (2) shall receive such reimbursement for expenses in respect of the person’s services as a judge as are prescribed by
regulation.

7.2(1)      The Lieutenant-Governor in Council shall not remove a person from the panel established under subsection 7.1(1) except

   (a)    upon the written request of the person to the chief judge,
   
   (b)    upon the person reaching the age of seventy-five years,
   
   (c)      upon the recommendation of the Judicial Council, or
   
   (d)    upon the death of the person.

7.2(2)      Where a person submits a written request to be removed from the panel established under subsection 7.1(1), the person is deemed 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.

7.2(3)      Sections 6 to 6.13 apply with the necessary modifications to a person who is on the panel established under subsection 7.1(1).

7.3          A judge selected under subsection 7.1(2) is deemed to have complied with section 12 before exercising his or her powers of office under section 7.1.

7.4(1)      Subsection 13(1) does not apply to a person who is on the panel established under subsection 7.1(1).

7.4(2)      Subsections 13(1.1), (2) and (3) apply with the necessary modifications to a person who is on the panel established under subsection 7.1(1).

2               Section 22.03 of the Act is amended

   (a)      by repealing subsection (1) and substituting the following:

22.03(1)                The Commission shall

   (a)    conduct an inquiry with respect to
   
      (i) the salaries and other amounts paid to the chief judge, the associate chief judge and judges,
      
      (ii)                  the adequacy of pension, vacation and sick leave benefits provided to judges, and
      
      (iii)                any proposal that seeks to provide for or eliminate a measure that affects any aspect of the economic benefits provided to, or the remuneration conditions of,
      judges, and
   
   (b)    provide to the Minister a report with recommendations in respect of the matters referred to in paragraph (a).

   (b)      in subsection (3) by striking out “salaries and benefits of judges” and substituting “the matters referred to in paragraph (1)(a)”.

3               Section 23 of the Act is amended

   (a)      in subsection (1)

      (i) by adding after paragraph (b) the following:

   (b.1) prescribing records to be kept and reports and returns to be made by judges selected under subsection 7.1(2);

      (ii)                by adding before paragraph (h) the following:

   (g.2) prescribing the reimbursement for expenses in respect of services rendered by a judge selected under subsection 7.1(2);

      (iii)               by adding before paragraph (k) the following:

   (j.02)                providing for the application of such other regulations made under this section to judges selected under subsection 7.1(2) as the Lieutenant-Governor in Council
   considers necessary;

   (b)      by adding after subsection (1.1) the following:

23(1.2)   Regulations made under paragraph (g.2) may be made retroactive to any date on or after the date that paragraph came into force.

4               A person who is on a panel established under section 4.3 of the Provincial Court Act immediately before the commencement of this provision shall be deemed to be on a
panel established under section 7.1 as enacted by section 1 of this amending Act, until the person is removed from the panel in accordance with the provisions of the Provincial
Court Act.

5               Sections 1, 3 and 4 of this Act come into force on a day or days to be fixed by proclamation.


 

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