Third

Session, 46th General Assembly

Elizabeth II, 2010

BILL 36

AN ACT TO AMEND THE

JUDICATURE ACT

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

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

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

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

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

HONOURABLE

FELIX COLLINS

Minister of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Judicature Act to correct an error, remove

an antiquated requirement for filing certain documents and to confer on clerks

the status of justices of the peace.

This Bill would also make a

consequential amendment to the Provincial

Court Act, 1991 to make the provisions of that Act respecting the status of

clerks of that court as justices of the peace the same as those for clerks of

the Supreme Court.

A BILL

AN ACT TO AMEND THE JUDICATURE ACT

Analysis

S.43.9 Amdt.

Jurisdiction of court

S.60 Amdt.

Clerks

S.109 Rep.

Central registry

SNL1991 c15 Amdt.

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cJ-4

as amended

1. Subsection 43.9(4) of the Judicature Act is amended by deleting the number "740"

and substituting the number "733.1".

Section 60 of the Act is amended by adding

immediately after subsection (4) the following:

(5) A person appointed as a clerk of the Supreme

Court under subsection (1) is, for the purpose of performing his or her

administrative duties, a justice of the peace.

(6) A person ceases to be a justice of the peace

on the termination of his or her appointment as a clerk.

(7) A person is not entitled to additional

remuneration, or to charge a fee, only because he or she is a justice of the

peace.

(8) The Justices

Act applies, with the necessary changes, to a person who is a justice of

the peace by virtue of this section.

Section 109 of the Act is repealed.

SNL1991 c15 Amdt.

4. Subsection 26(4) of the Provincial Court Act, 1991 is repealed and the following

substituted:

(4) A person appointed as a clerk of the court under

subsection (1) is, for the purpose of performing his or her administrative

duties, a justice of the peace.

(5) A person ceases to be a justice of the peace

on the termination of his or her appointment as a clerk.

(6) A person is not entitled to additional

remuneration, or to charge a fee, only because he or she is a justice of the

peace.

(7) The Justices

Act applies, with the necessary changes, to a person who is a justice of

the peace by virtue of this section.

Earl G. Tucker, Queen's Printer