Third

Session, 45th General Assembly

Elizabeth II, 2006

BILL 66

AN ACT TO AMEND THE PROVINCIAL COURT ACT, 1991 AND

THE HUMAN RIGHTS CODE

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

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

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

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

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

HONOURABLE

THOMAS W. MARSHALL , QC

Minister of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend the Provincial Court Act, 1991 to change the

retirement age for judges from age 65 to age 70.

In Clause 2 of the Bill, the Human Rights Code would be amended to

provide that the right under

section 9 to equal treatment with respect to

employment is not infringed by the requirement for retirement of judges at a

particular age which is contained in the Provincial Court Act, 1991.

A BILL

AN ACT TO AMEND THE PROVINCIAL COURT ACT, 1991 AND THE HUMAN RIGHTS CODE

Analysis

PROVINCIAL

COURT ACT, 1991

S.12 Amdt .

Retirement

HUMAN RIGHTS CODE

S.9 Amdt .

Discrimination in employment

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

PROVINCIAL COURT ACT, 1991

SNL1991 c15

as amended

1. Subsection 12(1) of the Provincial Court Act, 1991 is repealed and the following substituted:

Retirement

(1) Every

judge shall retire upon attaining the age of 70 years.

HUMAN RIGHTS CODE

RSNL1990 cH-14 as

amended

Section 9 of the Human Rights Code is amended by adding immediately after subsection

(6) the following:

(7) The right under this

section to equal

treatment with respect to employment is not infringed where a judge is required

to retire on reaching a specified age under the Provincial Court Act, 1991.

Earl G. Tucker, Queen's Printer