This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

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Regulations Respecting Part-time Judges of the Provincial Court

made under subsection 6A(4) of the

Provincial Court Act

R.S.N.S. 1989, c. 238

O.I.C. 91-936 (August 15, 1991), N.S. Reg. 185/1991

amended to O.I.C. 2023-84 (effective March 28, 2023), N.S. Reg. 58/2023

1 These regulations may be cited as the Regulations Respecting Part-time Judges of the

Provincial Court .

2 In these regulations,

“Desmond Inquiry” means the fatality inquiry ordered on February 14, 2018,

pursuant to subsection 27(1) of the Fatality Investigations Act regarding the deaths

of Aaliyah, Shanna, Brenda and Lionel Desmond;

“part-time judge” means a judge who is retired and is appointed in office as a

judge by the Chief Judge pursuant to

Section 6A of the Act.

(1) A part-time judge may, subject to the annual approval of the Chief Judge, continue

in office as a part-time judge until the part-time judge attains the age of 75 years.

(2) Despite subsection (1), the part-time judge appointed pursuant to subsection 27(3)

of the Fatality Investigations Act for the purpose of the Desmond Inquiry may

continue in office up to and including June 30, 2023, for the purposes of

completing the inquiry.

4 [repealed]

5 A part-time judge shall have the jurisdiction, power and authority of a judge and shall

exercise that jurisdiction, power and authority at the request of the Chief Judge.

6 A part-time judge shall be remunerated according to the per diem rate from time to time

determined by the tribunal appointed pursuant to

Section 21A of the Act.

7 The services of part-time judge provided pursuant to these regulations shall not be

credited as service for purposes of

(

a) the Public Service Superannuation Act ;

(b)the Public Service Award; or

(c)the pension benefits provided by

Section 23 of the Act.

8 These regulations do not apply to a retired judge who has been reinstated as a practising

member of the Nova Scotia Barristers' Society.

Legislative History

Reference Tables

Regulations Respecting Part-time Judges of the

Provincial Court

N.S. Reg.

185/1991

Provincial Court Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Regulations Respecting Part-time Judges of the Provincial

Court made

under the Provincial Court Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

185/1991

Aug 15, 1991

date made

Sep 6, 1991

184/1995

Dec 5, 1995

date made

Dec 22, 1995

165/2003

Sep 26, 2003

date specified

Oct 17, 2003

4/2022

Jan 18, 2022

date specified

Feb 11, 2022

222/2022

Sep 20, 2022

date specified

Oct 7, 2022

337/2022

Dec 19, 2022

date specified

Dec 30, 2022

58/2023

Mar 28, 2023

date specified

Apr 7, 2023

The following regulations are not

yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

2 .......................................................

rs . 165/2003; am. 4/2022

2, defn . of “Desmond Inquiry” ........

ad. 4/2022

2, defn . of “part-time judge” ............

rs . 4/2022

3 ........................................................

rs . 184/1995; ra. as 3(1) 4/2022

. 3(1) .................................................

ra. from 3 4/2022

. 3(2) .................................................

ad. 4/2022 ; am. 222/2022,

337/2022, 58/2023

4 ........................................................

rep. 165/2003

6 ........................................................

am. 165/2003

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.