BILL 59



An Act to Amend the Provincial Court Act

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

1The Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is amended by adding after section 22 the following:

PART II.1

JUDICIAL REMUNERATION
COMMISSION

22.01In this Part,

"Commission" means the Judicial Remuneration Commission established under section 22.02.

22.02(1)There is hereby established a commission to be known as the Judicial Remuneration Commission.

22.02(2)The Commission shall consist of three members appointed by the Lieutenant-Governor in Council as follows:

(a)one person nominated by the Minister;

(b)one person nominated by the chief judge, in consultation with the New Brunswick Provincial Court Judges Association; and

(c)subject to subsection (3), one person, who shall act as chairperson, nominated by the persons nominated under paragraphs (a) and (b).

22.02(3)If the persons nominated under paragraphs (1)(a) and (b) are unable to agree upon a person to be nominated under paragraph (c) within ten days of their nomination, then either person may notify the Minister in writing of their inability to agree.

22.02(4)Upon receipt of a notice under subsection (3), the Minister shall forthwith request the Dean of the Law School of the University of New Brunswick and the Dean of the Law School of the Université de Moncton to nominate the person under paragraph (1)(c) and the deans, in consultation with each other, shall forthwith nominate the person under paragraph (1)(c).

22.02(5)The following persons are not eligible to be appointed to the Commission:

(a)members or former members of the Law Society of New Brunswick;

(b)members or former members of the Legislative Assembly of New Brunswick;

(c)persons employed in those portions of the public service of the Province specified in Parts I and IV of the First Schedule of the Public Service Labour Relations Act.

22.02(5)Members first appointed to the Commission shall be appointed for a term to end December 31, 2000, and thereafter members shall be appointed for a three year term.

22.02(6)A person appointed to the Commission may be reappointed for only one additional term.

22.02(7)Where there is a vacancy on the Commission, the Lieutenant-Governor in Council may appoint a person for the remainder of the unexpired term.

22.02(8)Members of the Commission shall be paid such allowance and reasonable expenses in relation to their duties on the Commission as the Lieutenant-Governor in Council may determine.

22.03(1)The Commission shall

(a)conduct an inquiry with respect to

(i)the salaries paid to the chief judge, the associate chief judge and judges, and

(ii)the adequacy of pension, vacation and sick leave benefits provided to judges, and

(b)provide to the Minister a report with recommendations regarding the appropriate salaries to be paid and pension, vacation and sick leave benefits to be provided to the judges.

22.03(2)Members of the Commission have the powers of a commissioner under the Inquiries Act.

22.03(3)The Commission may, with approval of the Minister, engage a person to provide actuarial advice to the Commission with respect to the salaries and benefits of judges.

22.03(4)At the inquiry, the Commission shall receive and consider submissions from

(a)the Minister,

(b)the judges or their representative, and

(c)any other interested person or body.

22.03(5)Within sixty days after the commencement of this section, and within sixty days after January 1, 2001, and within sixty days after the first day of January every third year thereafter, the Commission shall conduct the inquiry and submit the report referred to in subsection (1).

22.03(6)In making its report and recommendations, the Commission shall consider the following factors:

(a)the adequacy of judges' salaries having regard to the cost of living or changes in real per capita income,

(b)economic fairness,

(c)the economic conditions of the Province, and

(d)any other factors the Commission considers relevant to its review.

22.04The Commission may at any time after the delivery of its report under subsection 22.03(5), at the written request of the Minister or the chief judge, inquire into and make recommendations with respect to salaries and benefits referred to in paragraph 22.03(1)(a), and the procedure outlined in this Part shall apply with respect to the request, except that the inquiry and report shall be delivered within sixty days after the chairperson of the Commission confirms in writing that it will act on the request.

22.05A report submitted to the Minister under this Part shall, within thirty days after it is submitted, be tabled by the Minister in the Legislative Assembly if it is then sitting, and if not, when it next sits.

22.06The recommendations of the Commission in the report shall be implemented with due diligence, unless the recommendations are rejected in whole or in part, in which case the Minister shall advise the Commission and the Legislative Assembly as to the recommendations or the parts of the recommendations that are not being implemented.

2This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

The new Part II.1 establishes a Judicial Remuneration Commission to examine judges' salaries and benefits in 1998 and every third year thereafter and to make recommendations to the Minister in respect of the salaries and benefits. This new Part sets out the membership of the Commission, its powers and the procedures to be followed by the Commission. The Commission may also examine issues surrounding judges salaries and benefits at any time during its mandate, after its initial examination respecting salaries and benefits, at the request of the Minister of Justice or the chief judge. The Minister is required to table the report of the Commission before the Legislative Assembly.

Section 2

Commencement provision.

Chapter Outline Update

Section 1

Add after section 22 the following:

PART II.1

JUDICIAL REMUNERATION COMMISSION

Definition 22.01

Commission established 22.02

Commission to hold inquiry on judges salaries
and benefits 22.03

Commission may hold inquiry at request of
Minister or chief judge 22.04

Minister to table Commission's report in
Legislative Assembly 22.05


Action on Commission's report 22.06

Endorse: Hon. James E. Lockyer, Q.C.


Last Modified: 01:32pm , February 13, 1998