First

Session, 46th General Assembly

Elizabeth II, 2008

BILL 31

AN ACT TO AMEND THE PROVINCIAL COURT ACT, 1991

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

JEROME P. KENNEDY, Q.C.

Minister of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Provincial Court Act, 1991 .

Clause 1 of the Bill would define

"judges' association".

Clause 2 of the Bill would provide

for the appointment of part time judges.

Clause 3 of the Bill would amend

section 7 of the Act respecting the temporary replacement of the chief judge as

a consequence of the amendments proposed in clause 4 relating to the

appointment of an associate chief judge.

Clause 4 of the Bill would amend the

Act to provide for the appointment of an associate chief judge.

Clause 5 of the Bill would amend the

Act respecting the appointment of the chairperson of the Provincial Court judges' salary and benefits tribunal to require consultation with

the chief judge and the president of the judges' association.

Clause 6 of the Bill would amend the

Act to reflect the actual date on which the salary and benefits tribunal made

its report on judicial indemnification.

Clauses 7 to 11 of the Bill would

repeal or amend various out of date provisions of the Act.

Clause 12 is a commencement clause.

A BILL

AN ACT TO AMEND THE PROVINCIAL COURT ACT, 1991

Analysis

S.2 Amdt.

Definitions

2. S.5.2 Added

Part time judges

S.7 R&S

Chief judge

S.7.1 Added

Associate chief judge

S.28 Amdt.

Appointment of tribunal

S.28.2 Amdt.

Tribunal's report

S.28.3 Amdt.

Transitional

S.29 Amdt.

Regulations

S.34 Rep.

Summary Proceedings Act

S.36 Amdt.

Existing judges

Ss.38 and 39 Rep.

38. RSN1990 cP-29 Rep.

39. Commencement

12. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1991 c15

as amended

Section 2 of the Provincial Court Act, 1991 is amended by adding immediately after

paragraph (

f) the following:

(f.1) "judges' association" means the Newfoundland and

Labrador Association of Provincial Court Judges;

2. The Act is amended by adding immediately after

section 5.1 the following:

Part time judges

5.2

(1) The

Lieutenant-Governor in Council shall establish a panel of judges who have

retired or resigned who have not reached the age of 70 years and who, at the

time of their retirement or resignation, have given notice to the chief judge

of their intention to be available for judicial duties.

(2) A person appointed to the panel referred to in

subsection (1) is considered to be a judge and this Act applies to him or her

as if he or she had not retired or resigned.

(3) Where the chief judge believes

(

a) an additional judge is urgently required to

conduct the business of the court;

(

b) the conduct of a trial on a timely basis would

be facilitated; or

(

c) the efficiency of the court would be

facilitated by doing so,

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.

(4) A person selected under subsection (3) shall

be paid a daily rate of 1/248 of a judge's, other than the chief judge's or the

associate chief judge's, salary and shall be paid one half the daily rate for

one half of a day's work or less.

(5) A person who is selected under subsection

(3) is not entitled to benefits or remuneration in addition to that provided for in

subsection (4) but he or she may be paid his or her travel and other expenses

associated with his or her work as a judge.

(6) Service by a person selected under subsection

(3) does not count as service for the purpose of the Public Service Pensions Act, 1991 or the Provincial Court Judges' Pension Plan Act.

(7) The Lieutenant-Governor in Council shall not

remove a person from the panel appointed under subsection (1) except

(

a) upon the written request of the person to the

chief judge;

(

b) upon the person reaching the age of 70 years;

(

c) upon the order of the judicial council under

paragraph 23(b); or

(

d) upon the death of the person.

(8) Where a person requests to be removed from the

panel under paragraph (7)(a), the person is considered 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.

(9) A person selected under subsection (3) shall

not, in a 12 month period, serve as a judge for a period that would result in

his or her remuneration plus an amount paid him or her under the Public Service Pensions Act, 1991 or the

Provincial Court Judges' Pension Plan Act

exceeding the annual salary paid a judge appointed under

section 5.

(10) Service as judges by all the persons selected

under subsection (3) shall not exceed 248 days in total in a 12 month period.

Section 7 of the Act is repealed and the

following substituted:

Chief judge

(1) The

Lieutenant-Governor in Council shall appoint a judge as chief judge.

(2) The term of office of the chief judge

appointed under subsection (1) shall be 10 years.

(3) A chief judge whose office is vacant due to

illness or for other cause shall be considered to have resigned his or her

office as chief judge if that vacancy continues for more than one year.

4. The Act is amended by adding immediately after

section 7 the following:

Associate chief

judge

7.1

(1) The

Lieutenant-Governor in Council, on the recommendation of the minister, after

consultation with the chief judge, shall appoint a judge as associate chief

judge.

(2) The associate chief judge shall perform the

duties assigned to him or her by the chief judge.

(3) Where the chief judge is unable to perform his

or her duties due to illness or for another reason, or where the position of

chief judge is vacant, the associate chief judge shall perform the duties of

the chief judge until he or she is able to perform his or her duties or, in the

event of a vacancy, until a chief judge is appointed under subsection 7(1).

(4) When acting as the chief judge under

subsection (3), the associate chief judge has all the powers of the chief

judge.

(5) Where acting as the chief judge under subsection

(3), the associate chief judge shall, while exercising the powers, functions

and duties of the chief judge, be paid the same salary received by the chief

judge.

(6) A judge appointed as associate chief judge

holds office for the unexpired portion of the term of the chief judge and is

eligible to be reappointed.

(7) Where the chief judge ceases to hold office as

chief judge before the expiry of his or her term of office, the appointment of

the associate chief judge ends on the appointment of a new chief judge.

5. (1) Subsection 28(3) of the Act is

repealed and the following substituted:

(3) The Lieutenant-Governor in Council, after

consultation with the chief judge and the president of the judges' association,

shall appoint one of the members as the chairperson of the tribunal.

(2) Subsection 28(6) of the Act is amended by

striking out the reference to the " Public

Inquiries Act " and substituting the reference to the " Public Inquiries Act, 2006 ".

(1) Subsection 28.2(1.1) of the Act is

amended by deleting the date " March 1, 2007 "

and substituting the date " April 30, 2007 ".

(2) Subsection 28.2(1.2) of the Act is repealed

and the following substituted:

(1.2) The next report required under subsection (1)

after April

30, 2007 shall be presented to the minister

not later than April

1, 2010 .

(3) Subsection (1) is considered to have come into

force on April

30, 2007 .

(4) Subsection 28.2(1.1) of the Act is repealed.

Section 28.3 of the Act is repealed.

8. Paragraph 29(

d) of the Act is repealed and the

following substituted:

(

d) subject to

Part II of the Rooms Act , providing for the safekeeping, inspection and

destruction of books, documents and papers of the court;

Section 34 of the Act is repealed.

10. Subsection 36(2) of the Act is repealed.

11. Sections 38 and 39 of the Act are repealed.

Commencement

12. This Act or a section, subsection or paragraph of

this Act comes into force on a day or days to be proclaimed by the Lieutenant-Governor

in Council.

Earl G. Tucker, Queen's Printer