Provincial Court Act (amended)

BILL NO. 89

(as introduced)

1st Session, 60th General Assembly
Nova Scotia
55 Elizabeth II, 2006

Government Bill

Provincial Court Act
(amended)

The Honourable Murray K. Scott
Minister of Justice

First Reading: November 8, 2006

(Explanatory Note)

Second Reading: November 14, 2006

Third Reading: November 23, 2006 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Explanatory Note

This Bill allows the Attorney General to appoint provincial court judges from other provinces or territories to preside over matters in Nova Scotia where the Attorney General considers it appropriate.

An Act to Amend Chapter 238
of the Revised Statutes, 1989,
the Provincial Court Act

Be it enacted by the Governor and Assembly as follows: 1 Chapter 238 of the Revised Statutes, 1989, the Provincial Court Act, is amended by adding immediately after Section 3 the following Section:

3A (1) Notwithstanding any other provision of this Act, the Attorney General, after consulting the Chief Judge, may appoint a judge of the provincial court of another province of Canada to preside over an action, case, matter, process, hearing or proceeding in the Province if the Attorney General considers the appointment to be appropriate in the circumstances.

(2) A judge appointed under subsection (1)

(a) holds office for the term set by the Attorney General so long as the judge remains a judge of the provincial court in another province of Canada;

(b) has the jurisdiction, powers, duties and authority given to judges under Section 7;

(c) shall be paid for services at a daily rate of remuneration equivalent to that paid to a judge appointed under Section 3 for the number of days of service provided during the term of appointment referred to in clause (a);

(d) shall be reimbursed for expenses incurred by the judge in respect of the services provided as if the judge were appointed under Section 3; and

(e) is subject to the authority of the Chief Judge.

2 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2006 Crown in right of Nova Scotia. Created December 1, 2006. Send comments to legc.office@novascotia.ca.

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