Commission established
22.02(1)There is hereby established a commission to be known as the Judicial Remuneration Commission.
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.
22.02(2)The Commission shall consist of three members appointed by the Lieutenant-Governor in Council as follows:
(a)
one person designated by the Minister;
(b)
one person designated by the chief judge, in consultation with the New Brunswick Provincial Court Judges Association; and
(c)
subject to subsection (3), one person, who shall act as chairperson, designated by the persons designated under paragraphs (
a) and (
b).
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).
22.02(3)If the persons designated under paragraphs (1)(
a) and (
b) are unable to agree on a chairperson within ten days after their designation, then either person may notify the Minister in writing of their inability to agree.
22.02(4)Upon receipt of a notice under subsection (3), the Minister shall forthwith request the Dean of the Law School of the University of New Brunswick and the Dean of the Law School of the Université de Moncton to designate a chairperson and the deans, in consultation with each other, shall designate the chairperson on or before July 31.
22.02(5)The following persons are not eligible to be appointed to the Commission:
(a)
Repealed: 2016, c.22, s.2
(a.1)
judges or former judges, or other members or former members of the judiciary in Canada;
(b)
members or former members of the Legislative Assembly of New Brunswick;
(c)
persons employed in those portions of the public service of the Province specified in the First Schedule of the
Public Service Labour Relations Act.
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.
22.02(6)A person appointed to the Commission may be reappointed for only one additional term.
22.02(7)Where there is a vacancy on the Commission, the Lieutenant-Governor in Council may appoint a person for the remainder of the unexpired term in the same manner that the person to be replaced was appointed.
22.02(8)Members of the Commission shall be paid such allowance and reasonable expenses in relation to their duties on the Commission as the Lieutenant-Governor in Council may determine.
1998, c.31, s.1; 2000, c.6, s.10; 2000, c.54, s.1; 2004, c.17, s.1; 2016, c.22, s.2