Bill 36 - An Act to Amend the Provincial Court Act

BILL 36

An Act to Amend the Provincial Court Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 22.01 of the French version of the Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is amended in the definition « Commission » by striking out “établie” and substituting “constituée”.

2 Section 22.02 of the Act is amended

(a) in subsection (1) of the French version by striking out “Il est par les présentes établie une commission appelée” and substituting “Est constituée”;

(b) by adding after subsection (1) the following:

22.02( 1.1) The Commission shall commence an inquiry on September 1, 2016, and on September 1 of every fourth year after 2016.

22.02( 1.2) An inquiry shall deal with the following matters:

(a) the salaries and amounts paid to the chief judge, the associate chief judge and judges;

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

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

( i) in paragraph (a) by striking out “nominated” and substituting “designated”;

( ii) by repealing paragraph (b) and substituting the following:

(b) one person designated by the chief judge, in consultation with the New Brunswick Provincial Court Judges Association; and

( iii) in paragraph (c) by striking out “nominated by the persons nominated under paragraphs (a) and (b)” and substituting “designated by the persons designated under paragraphs (a) and (b)”;

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

22.02( 2.1) On or before May 15 of a year during which an inquiry must be commenced, the Minister shall notify the chief judge that an inquiry must be commenced and shall designate a person under paragraph (2)(a).

22.02( 2.2) On or before May 31 of a year during which an inquiry must be commenced, the chief judge shall designate a person under paragraph (2)(b).

22.02( 2.3) On or before July 1 of a year during which an inquiry must be commenced, the persons referred to in paragraphs (2)(a) and (b) shall designate a chairperson under paragraph (2)(c).

(e) in subsection (3) by striking out “persons nominated under paragraphs (1)(a) and (b) are unable to agree upon a person to be nominated under paragraph (c) within ten days of their nomination” and substituting “persons designated under paragraphs (1)(a) and (b) are unable to agree on a chairperson within ten days after their designation”;

(f) in subsection (4) by striking out “nominate the person under paragraph (1)(c) and the deans, in consultation with each other, shall forthwith nominate the person under paragraph (1)(c)” and substituting “designate a chairperson and the deans, in consultation with each other, shall designate the chairperson on or before July 31”;

(g) by repealing paragraph (5)(a);

(h) by repealing subsection (5.1) and substituting the following:

22.02( 5.1) Members shall be appointed to the Commission for terms expiring on January 1 of the fourth calendar year following the calendar year in which the appointments took place.

3 The Act is amended by adding after section 22.02 the following:

Report and recommendations of the Commission

22.021( 1) The Commission shall submit a report containing its recommendations to the Minister within nine months after the date of the commencement of an inquiry.

22.021( 2) The recommendations of the Commission must be made for the fiscal year of the Province that begins on April 1 of the year in which the Commission commences an inquiry and for each of the next three fiscal years.

22.021( 3) A report submitted to the Minister under subsection (1) shall be tabled in the Legislative Assembly by the Minister within 90 days after it is submitted or, if the Legislative Assembly is not then sitting, within 21 days after the commencement of its next sitting.

22.021( 4) Until the report is tabled in the Legislative Assembly, it is confidential and must not be disclosed to any person unless the disclosure is made for the purposes of allowing or facilitating the tabling of the report or allowing the Minister to prepare his or her response to the report.

22.021( 5) If subsection (4) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection (4) prevails.

22.021( 6) In making its report and recommendations, the Commission shall consider the following factors:

(a) the adequacy of judges’ remuneration, having regard to the cost of living or changes in real per capita income;

(b) the remuneration of other members of the judiciary in Canada as well as the factors which may justify the existence of differences between the remuneration of judges and that of other members of the judiciary in Canada;

(d) the economic conditions of the Province; and

(e) any other factors the Commission considers relevant to its review.

4 Section 22.03 of the Act is amended

(a) by repealing subsection (1);

(b) in subsection (3) by striking out “referred to in paragraph (1)(a)” and substituting “referred to in subsection 22.02(1.2)”;

22.03( 4.1) The Minister and the judges or the judges’ representative shall make every endeavour to arrive at an agreed statement of facts and an agreed list of exhibits and, if they are able to do so, shall submit those documents to the Commission.

(d) by repealing subsection (5);

(e) by repealing subsection (5.1);

(f) by repealing subsection (5.2);

(g) by repealing subsection (6).

5 Subsection 22.04(1) of the Act is amended by striking out “subsection 22.03(5.2)” and “paragraph 22.03(1)(a)” and substituting “subsection 22.021(1)” and “subsection 22.02(1.2)” respectively.

6 Section 22.05 of the Act is repealed.

7 Subsection 22.06(2) of the Act is amended by striking out “section 22.05” and substituting “subsection 22.021(3)”.

TRANSITIONAL AND COMMENCEMENT

Revocation of appointments

8( 1) All appointments of members of the Judicial Remuneration Commission that are in effect immediately before the commencement of this subsection are revoked.

8( 2) All contracts, agreements or orders relating to the allowance or expenses to be paid to members of the Judicial Remuneration Commission whose appointments are revoked under subsection (1) are null and void.

8( 3) Despite the provisions of any contract, agreement or order, no allowance or expenses shall be paid to a member of the Judicial Remuneration Commission whose appointment is revoked under subsection (1).

8( 4) No action, application or other proceeding lies or shall be instituted against the Minister of Justice or the Crown in right of the Province as a result of the revocation of appointments under subsection (1).

8( 5) For greater certainty, the term of office of a member of the Judicial Remuneration Commission that ends as a result of the revocation of his or her appointment under subsection (1) shall be counted as a term for the purposes of subsection 22.02(6) of the Provincial Court Act.

Commencement

9 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.