Acts and Regulations

P-21 - Provincial Court Act

Section 22.03
Disposition versions

Full text
Operation of the Commission
22.03(1)Repealed: 2016, c.22, s.4
22.03(1.1)The Commission may defer holding an inquiry at the written request of the Minister or the chief judge if a matter arising from the recommendation of a previously constituted Commission is before the courts.
22.03(2)Members of the Commission have the powers of a commissioner under the Inquiries Act.
22.03(2.1)The amount to be paid for the operations of the Commission shall be that appropriated by the Legislative Assembly.
22.03(2.2)The Commission shall ensure that its expenditures do not exceed the amount so appropriated.
22.03(3)The Commission, subject to subsection (3.01), may engage such persons as it considers necessary to provide advice to the Commission with respect to the matters referred to in subsection 22.02(1.2).
22.03(3.01)The Commission shall not engage a person under subsection (3) unless the Minister approves the hourly rate or other rate that is to be charged by that person.
22.03(3.1)The Commission shall publish in one or more newspapers having a general circulation in the Province a notice in both official languages
(a) stating the name of the Commission,
(b) stating that the inquiry is in progress and the purpose of the inquiry,
(c) inviting the public to make oral or written submissions in relation to the inquiry,
(d) stating what action is to be taken by people who wish to make submissions, and
(e) providing additional information if the Commission so decides.
22.03(3.2)The Commission shall specify a date by which submissions for the inquiry are to be received.
22.03(4)At the inquiry, the Commission shall receive and consider submissions from
(a) the Minister,
(b) the judges or their representative, and
(c) any other interested person or body.
22.03(4.1)The Minister and the judges or the judges’ representative shall make every endeavour to arrive at an agreed statement of facts and an agreed list of exhibits and, if they are able to do so, shall submit those documents to the Commission.
22.03(5)Repealed: 2016, c.22, s.4
22.03(5.1)Repealed: 2016, c.22, s.4
22.03(5.2)Repealed: 2016, c.22, s.4
22.03(6)Repealed: 2016, c.22, s.4
1998, c.31, s.1; 2000, c.54, s.2; 2002, c.37, s.2; 2004, c.17, s.2; 2016, c.22, s.4
Commission to hold inquiry into judges’ remuneration
22.03(1)Repealed: 2016, c.22, s.4
22.03(1.1)The Commission may defer holding an inquiry at the written request of the Minister or the chief judge if a matter arising from the recommendation of a previously constituted Commission is before the courts.
22.03(2)Members of the Commission have the powers of a commissioner under the Inquiries Act.
22.03(2.1)The amount to be paid for the operations of the Commission shall be that appropriated by the Legislative Assembly.
22.03(2.2)The Commission shall ensure that its expenditures do not exceed the amount so appropriated.
22.03(3)The Commission, subject to subsection (3.01), may engage such persons as it considers necessary to provide advice to the Commission with respect to the matters referred to in subsection 22.02(1.2).
22.03(3.01)The Commission shall not engage a person under subsection (3) unless the Minister approves the hourly rate or other rate that is to be charged by that person.
22.03(3.1)The Commission shall publish in one or more newspapers having a general circulation in the Province a notice in both official languages
(a) stating the name of the Commission,
(b) stating that the inquiry is in progress and the purpose of the inquiry,
(c) inviting the public to make oral or written submissions in relation to the inquiry,
(d) stating what action is to be taken by people who wish to make submissions, and
(e) providing additional information if the Commission so decides.
22.03(3.2)The Commission shall specify a date by which submissions for the inquiry are to be received.
22.03(4)At the inquiry, the Commission shall receive and consider submissions from
(a) the Minister,
(b) the judges or their representative, and
(c) any other interested person or body.
22.03(4.1)The Minister and the judges or the judges’ representative shall make every endeavour to arrive at an agreed statement of facts and an agreed list of exhibits and, if they are able to do so, shall submit those documents to the Commission.
22.03(5)Repealed: 2016, c.22, s.4
22.03(5.1)Repealed: 2016, c.22, s.4
22.03(5.2)Repealed: 2016, c.22, s.4
22.03(6)Repealed: 2016, c.22, s.4
1998, c.31, s.1; 2000, c.54, s.2; 2002, c.37, s.2; 2004, c.17, s.2; 2016, c.22, s.4
Commission to hold inquiry into judges’ remuneration
22.03(1)The Commission shall
(a) conduct an inquiry with respect to
(i) the salaries and other amounts paid to the chief judge, the associate chief judge and judges,
(ii) the adequacy of pension, vacation and sick leave benefits provided to judges, and
(iii) any proposal that seeks to provide for or eliminate a measure that affects any aspect of the remuneration conditions of judges, and
(b) provide to the Minister a report with recommendations in respect of the matters referred to in paragraph (a).
22.03(1.1)The Commission may defer holding an inquiry at the written request of the Minister or the chief judge if a matter arising from the recommendation of a previously constituted Commission is before the courts.
22.03(2)Members of the Commission have the powers of a commissioner under the Inquiries Act.
22.03(2.1)The amount to be paid for the operations of the Commission shall be that appropriated by the Legislative Assembly.
22.03(2.2)The Commission shall ensure that its expenditures do not exceed the amount so appropriated.
22.03(3)The Commission, subject to subsection (3.01), may engage such persons as it considers necessary to provide advice to the Commission with respect to the matters referred to in paragraph (1)(a).
22.03(3.01)The Commission shall not engage a person under subsection (3) unless the Minister approves the hourly rate or other rate that is to be charged by that person.
22.03(3.1)The Commission shall publish in one or more newspapers having a general circulation in the Province a notice in both official languages
(a) stating the name of the Commission,
(b) stating that the inquiry is in progress and the purpose of the inquiry,
(c) inviting the public to make oral or written submissions in relation to the inquiry,
(d) stating what action is to be taken by people who wish to make submissions, and
(e) providing additional information if the Commission so decides.
22.03(3.2)The Commission shall specify a date by which submissions for the inquiry are to be received.
22.03(4)At the inquiry, the Commission shall receive and consider submissions from
(a) the Minister,
(b) the judges or their representative, and
(c) any other interested person or body.
22.03(5)The Commission shall commence a hearing within thirty days after the date specified under subsection (3.2).
22.03(5.1)The Commission shall conclude any hearing commenced by it within sixty days after it first convenes for the hearing.
22.03(5.2)The Commission shall submit its report within ninety days after the conclusion of the hearing.
22.03(6)In making its report and recommendations, the Commission shall consider the following factors:
(a) the adequacy of judges’ remuneration having regard to the cost of living or changes in real per capita income,
(a.1) the remuneration of other members of the judiciary in Canada as well as the factors which may justify the existence of differences between the remuneration of judges and that of other members of the judiciary in Canada,
(b) economic fairness, including the remuneration of other persons paid out of the Consolidated Fund,
(c) the economic conditions of the Province, and
(d) any other factors the Commission considers relevant to its review.
1998, c.31, s.1; 2000, c.54, s.2; 2002, c.37, s.2; 2004, c.17, s.2
Commission to hold inquiry into judges’ remuneration
22.03(1)The Commission shall
(a) conduct an inquiry with respect to
(i) the salaries and other amounts paid to the chief judge, the associate chief judge and judges,
(ii) the adequacy of pension, vacation and sick leave benefits provided to judges, and
(iii) any proposal that seeks to provide for or eliminate a measure that affects any aspect of the remuneration conditions of judges, and
(b) provide to the Minister a report with recommendations in respect of the matters referred to in paragraph (a).
22.03(1.1)The Commission may defer holding an inquiry at the written request of the Minister or the chief judge if a matter arising from the recommendation of a previously constituted Commission is before the courts.
22.03(2)Members of the Commission have the powers of a commissioner under the Inquiries Act.
22.03(2.1)The amount to be paid for the operations of the Commission shall be that appropriated by the Legislative Assembly.
22.03(2.2)The Commission shall ensure that its expenditures do not exceed the amount so appropriated.
22.03(3)The Commission, subject to subsection (3.01), may engage such persons as it considers necessary to provide advice to the Commission with respect to the matters referred to in paragraph (1)(a).
22.03(3.01)The Commission shall not engage a person under subsection (3) unless the Minister approves the hourly rate or other rate that is to be charged by that person.
22.03(3.1)The Commission shall publish in one or more newspapers having a general circulation in the Province a notice in both official languages
(a) stating the name of the Commission,
(b) stating that the inquiry is in progress and the purpose of the inquiry,
(c) inviting the public to make oral or written submissions in relation to the inquiry,
(d) stating what action is to be taken by people who wish to make submissions, and
(e) providing additional information if the Commission so decides.
22.03(3.2)The Commission shall specify a date by which submissions for the inquiry are to be received.
22.03(4)At the inquiry, the Commission shall receive and consider submissions from
(a) the Minister,
(b) the judges or their representative, and
(c) any other interested person or body.
22.03(5)The Commission shall commence a hearing within thirty days after the date specified under subsection (3.2).
22.03(5.1)The Commission shall conclude any hearing commenced by it within sixty days after it first convenes for the hearing.
22.03(5.2)The Commission shall submit its report within ninety days after the conclusion of the hearing.
22.03(6)In making its report and recommendations, the Commission shall consider the following factors:
(a) the adequacy of judges’ remuneration having regard to the cost of living or changes in real per capita income,
(a.1) the remuneration of other members of the judiciary in Canada as well as the factors which may justify the existence of differences between the remuneration of judges and that of other members of the judiciary in Canada,
(b) economic fairness, including the remuneration of other persons paid out of the Consolidated Fund,
(c) the economic conditions of the Province, and
(d) any other factors the Commission considers relevant to its review.
1998, c.31, s.1; 2000, c.54, s.2; 2002, c.37, s.2; 2004, c.17, s.2