First Session, 47th

General Assembly

61 Elizabeth II,

BILL 7

AN ACT TO AMEND THE PROVINCIAL COURT

ACT, 1991

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 Provincial Court Act, 1991 to

clarify when a judge may be

removed from the panel of part time judges; and

correct errors in cross

referencing.

A BILL

AN ACT TO AMEND THE PROVINCIAL COURT ACT, 1991

Analysis

S.5.2 Amdt.

Part time judges

S.16 Amdt.

Judicial council

S.24 Amdt.

Adjudication tribunal

S.25.5 Amdt.

Action prohibited

S.31 Amdt.

Finance

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1991 c15

as amended

1. Subsection 5.2(7) of the Provincial Court Act, 1991 is repealed and the following

substituted:

(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 adjudication tribunal

under paragraphs 25.1(2)(

d) or 25.2(3)(d); or

(

d) upon the death of the person.

2. (1) Subsection 16(5) of the Act is

repealed and the following substituted:

(5) Each member appointed under paragraphs (2)(

a) to (c)

(

a) shall serve for 3 years during good behaviour;

and

(

b) unless dismissed for lack of good behaviour,

shall continue to hold office until he or she is reappointed or a new member is

appointed.

(2) Subsection 16(5.1) is repealed and the

following substituted:

(5.1) Where the bencher appointed under paragraph (2)(

a) is unable to attend a meeting or is unable to serve as a member of the judicial

council, an alternate bencher selected by the benchers of the law society may

attend the meeting or serve in his or her place.

3. Subsection 24(2) of the Act is repealed and the

following substituted:

(2) The chairperson of the judicial complaints

panel shall appoint a judge appointed to the panel under paragraph 20(1)(

b) to

be the chairperson of that adjudication tribunal.

Section 25.5 of the Act is amended by deleting

the reference "23(2)" and substituting the reference

"23(4)".

5. Subsection 31(4) of the Act is repealed and the

following substituted:

(4) Upon receipt of a copy of an order issued

under subsection (3), the Minister of Finance shall pay the money and interest

set out in the order from the Consolidated Revenue Fund to the appropriate person.

William E. Parsons, Queen's Printer