BILL 10 - An Act to Amend the Provincial Court Act

BILL 10

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:

1 Subsection 1(1) of the Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is amended by adding the following definition in alphabetical order:

"holiday" means Saturday, Sunday, New Year’s Day, Good Friday, Easter Monday, Victoria Day, Canada Day, New Brunswick Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any day appointed by any Statute in force in the Province or by Proclamation of the Governor-General or the Lieutenant-Governor as a general holiday within the Province and, whenever a holiday other than Saturday or Sunday falls on a Saturday or a Sunday, includes any day substituted for the holiday by the Province;

2 Subsection 2(3) of the French version of the Act is amended by striking out "le juge associé" and substituting "le juge en chef associé".

3 Section 4.2 of the French version of the Act is amended by striking out "retraire" and substituting "retraite".

4 Paragraph 6.1(1)d) of the French version of the Act is amended by striking out "doient" and substituting "doivent".

5 Section 6.7 of the French version of the Act is amended

(a) in subsection (4) by striking out "revision" and substituting "révision";

(b) in subsection (5) by striking out "revision" and substituting "révision".

6 Section 6.9 of the French version of the Act is amended

(a) in subsection (5) by striking out "toute les questions" and substituting "toutes les questions";

(b) in subsection (7) by striking out "préparations" and substituting "préparation".

7 Subsection 6.10(5) of the French version of the Act is amended by striking out "Consiel" and substituting "Conseil".

8 Section 6.11 of the French version of the Act is amended

(a) in subsection (3)

(i) by striking out "de de son droit" and substituting "de son droit";

(ii) by striking out "Conseil de la Magistrature" and substituting "Conseil de la magistrature";

(b) in subsection (6) by striking out "l’alinéa 4(b)" and substituting "l’alinéa 4b)";

(c) in subsection (7) by striking out "l’alinéa 4(c)" and substituting "l’alinéa 4c)".

9 Paragraph 13(2)a) of the French version of the Act is amended by striking out "d’exercer ou toutes" and substituting "d’exercer toutes".

10 The Act is amended by renumbering the subsection immediately preceding subsection 22.02(6) as subsection 22.02(5.1).

11 Section 23 of the Act is amended

(a) in paragraph (1)(g)

(i) in subparagraph (iii) by striking out "and" at the end of the subparagraph;

(ii) in subparagraph (iv) by striking out the semicolon at the end of the subparagraph and substituting a comma followed by "and";

(iii) by adding after subparagraph (iv) the following:

(v) remuneration in relation to remand court duties on a holiday;

(b) by adding after subsection (1) the following:

23(1.1) A regulation made under paragraphs (1)(f) or (g) may be made retroactive to December 1, 1998, or to any date after December 1, 1998.

12 Sections 1 and 11 shall be deemed to have come into force on December 1, 1998.

EXPLANATORY NOTES

Section 1

The definition "holiday" is added.

Sections 2 to 10

Typographical errors are corrected.

Section 11

(a)(i) The amendment is consequential on the amendment made in subparagraph 11(a)(iii) of this amending Act.

(a)(ii) The amendment is consequential on the amendment made in subparagraph 11(a)(iii) of this amending Act.

(a)(iii) A regulation-making authority is added.

(b) This provision permits regulations made under paragraphs 23(1)(f) or (g) to have a retroactive effect.

Section 12

Commencement provision.