Second

Session, 47th General Assembly

Elizabeth II, 2013

BILL 16

AN ACT TO AMEND THE PROVINCIAL COURT

ACT, 1991

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

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

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

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

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

HONOURABLE

DARIN KING

Minister of Justice

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Provincial Court Act, 1991 to

modernize the definition of

"clerk";

repeal the oath for shorthand

reporters;

remove the requirement for the judges

of the Provincial Court

to meet once yearly and provide that meetings of the judges will be held at the

discretion of the Chief Judge; and

allow participation in the

meetings of the judges in person, by videoconference or by another means of electronic

communication.

A BILL

AN ACT TO AMEND THE PROVINCIAL

COURT ACT, 1991

Analysis

S.2 Amdt.

Definitions

S.27 Amdt.

Duties of clerks

S.35 Amdt.

Conference of judges

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1991 c15

as amended

1. Paragraph 2(

b) of the Provincial Court Act, 1991 is repealed and the following

substituted:

(b) "clerk" means a court administrator

or designated court officer and includes a clerk acting under the Criminal Code

and the Youth Criminal Justice Act ( Canada )

and a person who performs the duties of a clerk of the court;

2. Subsection 27(4) of the Act is repealed.

3. (1) Subsection 35(1) of the Act is amended

by deleting the words "at least once yearly".

(2) Section 35 of the Act is amended by adding

immediately after subsection (1) the following:

(1.1) A judge may participate in a conference in person,

by video conference or by another form of electronic communication so long as all

participants may communicate simultaneously and instantaneously.

Queen's Printer