BILL NO. 89

(as passed, with amendments)

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

Government Bill

Provincial Court Act
(amended)

CHAPTER 43 OF THE ACTS OF 2006

The Honourable Murray K. Scott
Minister of Justice

First Reading: November 8, 2006 (LINK TO BILL AS INTRODUCED)

Second Reading: November 14, 2006

Third Reading: November 23, 2006 (WITH COMMITTEE AMENDMENTS)

Royal Assent: November 23, 2006

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, upon the recommendation of 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 in the public interest.

(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.