BILL NO. 14

(as introduced)

1st Session, 62nd General Assembly
Nova Scotia
62 Elizabeth II, 2013



Government Bill



Justices of the Peace Act (amended)
Provincial Court Act (amended)



The Honourable Lena Metlege Diab
Minister of Justice



First Reading: December 5, 2013

(Explanatory Notes)

Second Reading: December 6, 2013

Third Reading: December 12, 2013 (LINK TO BILL AS PASSED)

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Explanatory Notes

Clause 1 adds additional definitions to the Justices of the Peace Act.

Clause 2

(a) creates a commission to recommend in a report the hourly rate to be paid to presiding justices of the peace and the annual cost-of-living adjustments to the hourly rate;

(b) provides that the hourly rate for presiding justices of the peace is to be a percentage of the per diem payment made to judges of the Provincial Court who are not receiving salaries;

(c) lists the factors to be considered by the commission in making its report;

(d) sets the length of the commission's terms;

(e) authorizes the commission to set its procedures subject to certain requirements;

(f) requires that each commission report recommending changes to the hourly rate of presiding justices of the peace cover a six-year period;

(g) sets the due date for the commission reports;

(h) sets April 1st in the year following the date of each commission report as the effective date for the commission recommendations; and

(i) provides a process for implementing the commission's recommendations.

Clause 3 repeals clause 12(1)(e) of the Justices of the Peace Act as remuneration is no longer to be determined by regulation, but by the new commission.

Clauses 4 and 5 amend the Provincial Court Act to adjust the dates for the tribunal reviewing the provincial court judges' salaries to a January 15th to January 14th cycle every three years rather than a November 1st to October 31st cycle every three years.

Clause 6 requires the tribunal to hold a pre-conference hearing.

Clause 7 confirms the three-year reporting period on an April 1st to March 31st cycle for the tribunal holding office on the coming into force of the subsection.

Clause 8 adjusts the due dates for the tribunal reports from February 1st every three years to October 1, 2014, October 1, 2016, and every third year thereafter.

Clause 9 requires the transmittal by the tribunal of materials filed with the tribunal to the commission.

Clauses 10 and 11 adjust dates for the introduction of legislation required to implement the recommendations contained in the report from April 1st to October 1st every three years.

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An Act to Amend Chapter 244
of the Revised Statutes, 1989,
the Justices of the Peace Act,
and Chapter 238 of the Revised Statutes, 1989,
the Provincial Court Act

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 244 of the Revised Statutes, 1989, the Justices of the Peace Act, as enacted by Chapter 28 of the Acts of 2000, is amended by

(a) adding immediately after clause (a) the following clauses:

(b) striking out the period at the end of clause (e) and substituting a semi-colon; and

(c) adding immediately after clause (e) the following clause:

2 Chapter 244 is further amended by adding immediately after Section 11 the following Sections:

3 Clause 12(1)(e) of Chapter 244 is repealed.

4 Section 21A of Chapter 238 of the Revised Statutes, 1989, the Provincial Court Act, as enacted by Chapter 7 of the Acts of 1998, is amended by adding immediately after subsection (6) the following subsection:

5 Section 21B of Chapter 238, as enacted by Chapter 7 of the Acts of 1998, is amended by

(a) adding "(1)" immediately after the Section number; and

(b) adding the following subsection:

6 Section 21D of Chapter 238, as enacted by Chapter 7 of the Acts of 1998, is amended by adding immediately after subsection (4) the following subsection:

7 Section 21F of Chapter 238, as enacted by Chapter 7 of the Acts of 1998, is amended by

(a) adding "(1)" immediately after the Section number; and

(b) adding the following subsection:

8 Section 21G of Chapter 238, as enacted by Chapter 7 of the Acts of 1998, is amended by adding immediately after subsection (2) the following subsections:

9 Chapter 238 is further amended by adding immediately after Section 21G the following Section:

10 (1) Section 21I of Chapter 238, as enacted by Chapter 7 of the Acts of 1998, is amended by adding immediately after subsection (1) the following subsection:

(2) Section 21I of Chapter 238, as enacted by Chapter 7 of the Acts of 1998, is further amended by adding immediately after subsection (2) the following subsection:

11 Subsection 21L (1) of Chapter 238 is repealed and the following subsection substituted:

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