This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.
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Regulations Respecting Part-time Judges of the Provincial Court

made under subsection 6A(4) of the

Provincial Court Act

R.S.N.S. 1989, c. 238

O.I.C. 91-936 (August 15, 1991), N.S. Reg. 185/1991

amended to O.I.C. 2022-011 (January 18, 2022), N.S. Reg. 4/2022


Effective September 20, 2022, these regulations are amended by N.S. Reg. 222/2022.


 

1        These regulations may be cited as the Regulations Respecting Part-time Judges of the Provincial Court.

 

2        In these regulations,

 

“Desmond Inquiry” means the fatality inquiry ordered on February 14, 2018, pursuant to subsection 27(1) of the Fatality Investigations Act regarding the deaths of Aaliyah, Shanna, Brenda and Lionel Desmond;

 

“part-time judge” means a judge who is retired and is appointed in office as a judge by the Chief Judge pursuant to Section 6A of the Act.

 

3        (1)    A part-time judge may, subject to the annual approval of the Chief Judge, continue in office as a part-time judge until the part-time judge attains the age of 75 years.

 

          (2)    Despite subsection (1), the part-time judge appointed pursuant to subsection 27(3) of the Fatality Investigations Act for the purpose of the Desmond Inquiry may continue in office up to and including September 30, 2022, for the purposes of completing the inquiry.

 

4        [repealed] 

 

5        A part-time judge shall have the jurisdiction, power and authority of a judge and shall exercise that jurisdiction, power and authority at the request of the Chief Judge.

 

6        A part-time judge shall be remunerated according to the per diem rate from time to time determined by the tribunal appointed pursuant to Section 21A of the Act.

 

7        The services of part-time judge provided pursuant to these regulations shall not be credited as service for purposes of

 

                   (a)      the Public Service Superannuation Act;

 

(b)the Public Service Award; or

 

(c)the pension benefits provided by Section 23 of the Act.

 

8        These regulations do not apply to a retired judge who has been reinstated as a practising member of the Nova Scotia Barristers' Society.

 


 

Legislative History
Reference Tables

Regulations Respecting Part-time Judges of the Provincial Court

N.S. Reg. 185/1991

Provincial Court Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Regulations Respecting Part-time Judges of the Provincial Court made under the Provincial Court Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

185/1991

Aug 15, 1991

date made

Sep 6, 1991

184/1995

Dec 5, 1995

date made

Dec 22, 1995

165/2003

Sep 26, 2003

date specified

Oct 17, 2003

4/2022

Jan 18, 2022

date specified

Feb 11, 2022

 

 

 

 

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

2 ........................................................

rs. 165/2003; am. 4/2022

2, defn. of “Desmond Inquiry”.........

ad. 4/2022

2, defn. of “part-time judge”............

rs. 4/2022

3........................................................

rs. 184/1995; ra. as 3(1) 4/2022

. 3(1).................................................

ra. from 3 4/2022

. 3(2).................................................

ad. 4/2022

4........................................................

rep. 165/2003

6........................................................

am. 165/2003

 

 

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections

 

Note

Effective
date

 

 

 

 

 

 

 

 

 

Repealed and Superseded

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.