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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Provincial Court Act
 
Legislature :
55
Session :
1
Bill No. :
16
Member :
Hon. Mr. Green
First Reading :
2003-12-9
Second Reading :
2003-12-12
Committee of the Whole :
2004-6-10
Amended :
2004-6-10
Third Reading :
2004-6-11
Royal Assent :
2004-6-30
Download PDF :
  Bill 16         
Note :
See amendment at the end of the text of the Bill.
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Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Subsection 22.02(5.1) of the Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is repealed and the following is substituted:



22.02(5.1)   Members appointed to the Commission on or after January 1, 2004, shall be appointed for a four year term.



2                           Section 22.03 of the Act is amended



(a)               in paragraph (1)(a)



(i)         in subparagraph (i) by adding "and" after the comma at the end of the subparagraph;



(ii)       in subparagraph (ii) by striking out ", and" and substituting a period;



(iii)    by repealing subparagraph (iii);



(b)               by adding after subsection (2) the following:



22.03(2.1)   The amount to be paid for the operations of the Commission shall be that appropriated by the Legislative Assembly.



22.03(2.2)   The Commission shall ensure that its expenditures do not exceed the amount so appropriated.



(c)               by repealing subsection (3) and substituting the following:



22.03(3)       The Commission, subject to subsection (3.01), may engage such persons as it considers necessary to provide advice to the Commission with respect to the matters referred to in paragraph (1)(a).



(d)               by adding after subsection (3) the following:



22.03(3.01)             The Commission shall not engage a person under subsection (3) unless the Minister approves the hourly rate or other rate that is to be charged by that person.



(e)               by adding after subsection (3.1) the following:



22.03(3.2)   The Commission shall specify a date by which submissions for the inquiry are to be received.



(f)                by repealing subsection (5) and substituting the following:



22.03(5)       The Commission shall commence a hearing within thirty days after the date specified under subsection (3.2).



(g)               by adding after subsection (5) the following:



22.03(5.1)   The Commission shall conclude any hearing commenced by it within sixty days after it first convenes for the hearing.



22.03(5.2)   The Commission shall submit its report within ninety days after the conclusion of the hearing.



3                           Section 22.04 of the Act is repealed and the following is substituted:



22.04(1)       The Commission may at any time after the submission of its report under subsection 22.03(5.2), at the written request of the Minister or the chief judge, inquire into and make recommendations with respect to the matters referred to in paragraph 22.03(1)(a).



22.04(2)       The procedure outlined in this Part shall apply with respect to the request except that the Commission shall ask for submissions from the public within thirty days after the chairperson of the Commission confirms in writing that it will act on the request.



EXPLANATORY NOTES



Section 1



The existing provision is as follows:



22.02(5.1)   Members first appointed to the Commission shall be appointed for a term to end December 31, 2000, and thereafter members shall be appointed for a three year term.



Section 2



(a)               The existing provision is as follows:



22.03(1)       The Commission shall



(a)               conduct an inquiry with respect to



(i)         the salaries and other amounts paid to the chief judge, the associate chief judge and judges,



(ii)       the adequacy of pension, vacation and sick leave benefits provided to judges, and



(iii)    any proposal that seeks to provide for or eliminate a measure that affects any aspect of the economic benefits provided to, or the remuneration conditions of, judges, and



(b)               New provisions.



(c)                The existing provision is as follows:



22.03(3)       The Commission may, with approval of the Minister, engage a person to provide actuarial advice to the Commission with respect to the matters referred to in paragraph (1)(a).



(d)               New provision.



(e)                New provision.



(f)                The existing provision is as follows:



22.03(5)       Within ninety days after January 1, 2001, and within ninety days after the first day of January every third year thereafter, the Commission shall conduct the inquiry and submit the report referred to in subsection (1).



(g)               New provisions.



Section 3



The existing provision is as follows:



22.04               The Commission may at any time after the delivery of its report under subsection 22.03(5), at the written request of the Minister or the chief judge, inquire into and make recommendations with respect to the matters referred to in paragraph 22.03(1)(a), and the procedure outlined in this Part shall apply with respect to the request, except that the inquiry and report shall be delivered within ninety days after the chairperson of the Commission confirms in writing that it will act on the request.
Amendment :Section 2

Strike out paragraph (a) and substitute the following:

(a) by repealing subparagraph (1)(a)(iii) and substituting the following:

(iii) any proposal that seeks to provide for or eliminate a measure that affects any aspect of the remuneration conditions of judges, and

Section 2

Add after paragraph (a) the following:

(a.1) by adding after subsection (1) the following:

22.03(1.1) The Commission may defer holding an inquiry at the written request of the Minister or the chief judge if a matter arising from the recommendation of a previously constituted Commission is before the courts.



Add after section 3 the following:

4. This Act shall be deemed to have come into force on January 1, 2004.
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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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