BILL NO. 163
(as introduced)
1st Session, 64th General Assembly
Nova Scotia
71 Elizabeth II, 2022
Private Member's Bill
Judicial Appointments Act
The Honourable Iain Rankin
Timberlea–Prospect
First Reading: April 13, 2022
Second Reading:
Third Reading:
An Act Respecting Appointments
to the Provincial Court and the Family Court
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Judicial Appointments Act.
2 The purpose of this Act is to provide for independent, fair, impartial and merit-based appointments to the Provincial Court and the Family Court, free from political influence and partisanship.
(a) "Chair" means the Chair of the Committee;
(b) "Committee" means the Judicial Appointments Advisory Committee;
(c) "Family Court" means the Family Court for the Province;
(d) "Provincial Court" means the Provincial Court of Nova Scotia.
4 (1) There shall be a Judicial Appointments Advisory Committee consisting of
(a) four persons appointed by the Attorney General;
(b) two persons appointed by the Council of the Nova Scotia Barristers' Society;
(c) the Chief Judge of the Provincial Court or another judge of the Provincial Court appointed by the Chief Judge;
(d) the Chief Judge of the Family Court or another judge of the Family Court appointed by the Chief Judge; and
(e) a Chair appointed by the persons appointed pursuant to clauses (a) to (d).
(2) The persons appointed pursuant to clause (1)(a) may not be members of the bar of the Province or any other jurisdiction or employees in the Department of Justice.
(3) The Chair may not be a judge.
5 (1) In making an appointment pursuant to clause 4(1)(a), the Attorney General shall take into consideration diversity and equity.
(2) In making an appointment pursuant to clause 4(1)(c), the Chief Judge of the Provincial Court shall consider appointing a judge from a racialized group.
(3) In making an appointment pursuant to clause 4(1)(d), the Chief Judge of the Family Court shall consider appointing a judge from a racialized group.
6 Members of the Committee hold office for one or two years as determined by their appointment.
7 (1) The Committee shall make recommendations to the Attorney General of persons for appointment to the Provincial Court and of persons for appointment to the Family Court.
(2) The Committee shall recommend at least one person for each position to be filled.
8 The judge of the Provincial Court and the judge of the Family Court on the Committee shall encourage the Committee to receive cultural competency training.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2022 Crown in right of Nova Scotia. Created April 13, 2022. Send comments to legc.office@novascotia.ca.
