2012 Bill 7

	7


First Session, 47th General Assembly 61 Elizabeth II, 2012
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

1. S.5.2 Amdt.
Part time judges

2. S.16 Amdt.
Judicial council

3. S.24 Amdt.
Adjudication tribunal

4. S.25.5 Amdt.
Action prohibited

5. 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 Subsection 5.2(7) of the Provincial Court Act, 1991 is repealed and the following substituted: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;

(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 (1) Subsection 16(5) of the Act is repealed and the following substituted: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(2) Subsection 16(5.1) is repealed and the following substituted: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.

4. 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.