Acts and Regulations

P-21 - Provincial Court Act

Full text
Panel of retired or resigned judges
7.1(1)The Lieutenant-Governor in Council shall establish a panel composed of judges who have retired or resigned in accordance with this Act, who have not reached the age of seventy-five years and who have given notice to the chief judge of their intention to be available for judicial duties.
7.1(2)Where, in the opinion of the chief judge, additional judges are urgently required to conduct the business of the court, the chief judge may select a person from the panel established under subsection (1) to act as, and to exercise the powers of, a judge to conduct the business of the court.
7.1(3)The chief judge shall not select any additional judges under subsection (2) if the remuneration of the judges would have the effect of exceeding for the fiscal year an amount that is equal to five per cent of the salaries of twenty-six judges appointed under subsection 2(1), including the salaries of the chief judge and the associate chief judge.
7.1(4)A person selected under subsection (2) is deemed to be a judge and has all the powers, authority and jurisdiction of a judge appointed under subsection 2(1).
7.1(5)Sections 5, 19, 21.1 and 22 apply with the necessary modifications to a person who is selected under subsection (2).
7.1(6)A person who is selected under subsection (2) shall be paid a daily rate of 1/251 of a judge’s salary, other than the chief judge’s or associate chief judge’s salary, and shall be paid one-half the daily rate for one-half day’s work or less.
7.1(7)A person who is selected under subsection (2) shall receive such reimbursement for expenses in respect of the person’s services as a judge as are prescribed by regulation.
2003, c.18, s.4; 2011, c.15, s.1
Panel of retired or resigned judges
7.1(1)The Lieutenant-Governor in Council shall establish a panel composed of judges who have retired or resigned in accordance with this Act, who have not reached the age of seventy-five years and who have given notice to the chief judge of their intention to be available for judicial duties.
7.1(2)Where, in the opinion of the chief judge, additional judges are urgently required to conduct the business of the court, the chief judge may select a person from the panel established under subsection (1) to act as, and to exercise the powers of, a judge to conduct the business of the court.
7.1(3)The chief judge shall not select any additional judges under subsection (2) if the remuneration of the judges would have the effect of exceeding for the fiscal year an amount that is equal to five per cent of the salaries of twenty-six judges appointed under subsection 2(1), including the salaries of the chief judge and the associate chief judge.
7.1(4)A person selected under subsection (2) is deemed to be a judge and has all the powers, authority and jurisdiction of a judge appointed under subsection 2(1).
7.1(5)Sections 5, 19 and 22 apply with the necessary modifications to a person who is selected under subsection (2).
7.1(6)A person who is selected under subsection (2) shall be paid a daily rate of 1/251 of a judge’s salary, other than the chief judge’s or associate chief judge’s salary, and shall be paid one-half the daily rate for one-half day’s work or less.
7.1(7)A person who is selected under subsection (2) shall receive such reimbursement for expenses in respect of the person’s services as a judge as are prescribed by regulation.
2003, c.18, s.4