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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Provincial Court Act
 
Legislature :
55
Session :
1
Bill No. :
70
Member :
Hon. Brad Green, Q.C.
First Reading :
2004-6-23
Second Reading :
2004-6-24
Committee of the Whole :
2004-6-25
Amended :
Third Reading :
2004-6-29
Royal Assent :
2004-6-30
Download PDF :
  Bill 70         
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Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Subsection 6.1(1) of the Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is amended



(a)               by repealing paragraph (a);



(b)               by repealing paragraph (b) and substituting the following:



(b)               two judges of The Court of Appeal of New Brunswick appointed by the Chief Justice of New Brunswick, one of whom shall be appointed by the Chief Justice as chairman and the other as vice-chairman,



2                           Subsection 6.4(1) of the Act is repealed and the following is substituted:



6.4(1)             Where the Judicial Council is deciding any matter



(a)               the chairman shall not vote except in the case of an equality of votes, and



(b)               all deliberations shall be held in private.



3                           Section 6.7 of the Act is amended



(a)               in subsection (2) by striking out "fifteen" and substituting "twenty";



(b)               in subsection (3) by striking out "ten" and substituting "twenty";



(c)               by adding after subsection (5) the following:



6.7(6)             The member of the Judicial Council who makes a recommendation under subsection (3) that an inquiry should not be held shall not participate in a review of the recommendation.



6.7(7)             Notwithstanding section 6.3, for the purposes of a review under this section, five members of the Judicial Council constitute a quorum.



4                           Section 6.9 of the Act is amended by adding after subsection (2) the following:



6.9(2.1)         Before appointing a barrister to act as counsel, the chairman shall obtain approval of the Minister of Justice for the hourly or other rate by which the barrister is to be remunerated.



5                           Subsection 6.10(2) of the French version of the Act is amended by striking out "le président ou le juge en chef d'une allégation écrite visée" and substituting "le juge en chef ou le juge en chef associé du rapport visé".



6                           Section 6.11 of the Act is amended



(a)               by repealing subsection (3) and substituting the following:



6.11(3)          The Judicial Council shall



(a)               give a copy of the report of the findings of the panel to the judge whose conduct is in question and the counsel for the panel, and



(b)               advise both the judge and counsel to the panel of their right to make representations to the Judicial Council respecting the report before the taking of action by the Council under subsection (4).



(b)               by adding after subsection (3) the following:



6.11(3.1)      Representations to the Judicial Council made under paragraph (3)(b) may be either in person or through counsel, if any, and either orally or in writing.



7                           Subsection 23(1) of the Act is amended by adding after paragraph (e) the following:



(e.1)          prescribing fees for services provided by the court;



EXPLANATORY NOTES



Section 1



(a) and (b)            The existing provisions are as follows:



6.1(1)             There is hereby continued a Judicial Council which shall be composed of



(a)               the Chief Justice of New Brunswick, who shall be chairman,



(b)               a judge of The Court of Appeal of New Brunswick, who shall be appointed by the Chief Justice of New Brunswick and who shall be the vice-chairman,



Section 2



The existing provision is as follows:



6.4(1)             Subject to subsection (2), where the Judicial Council is deciding any matter



(a)               all members of the Judicial Council are entitled to vote,



(b)               in the case of an equality of votes, the chairman shall have the deciding vote, and



(c)                all deliberations shall be held in private.



Section 3



(a)               The existing provision is as follows:



6.7(2)             Where a written communication is received by the chief judge or associate chief judge, whether by way of referral from the chairman or otherwise, the chief judge or associate chief judge, as the case may be, shall within fifteen days after receiving the written communication, or within such longer period as the chairman permits, report on the results of the investigation to a member of the Judicial Council who has been designated by the chairman for that purpose.



(b)               The existing provision is as follows:



6.7(3)             Based upon the report, the member of the Judicial Council who receives the report shall, within ten days after receiving the report, recommend to the chairman whether or not an inquiry should be held.



(c)                New provisions.



Section 4



New provision.



Section 5



The English and French version are made consistent.



Section 6



(a)               The existing provision is as follows:



6.11(3)          The Judicial Council shall give a copy of the report of the findings of the panel to the judge whose conduct is in question and shall advise the judge of the judge's right to make representations to it either in person or through counsel and either orally or in writing, respecting the report prior to the taking of action by the Judicial Council under subsection (4).



(b)               New provision.



Section 7



Regulation-making authority is expanded.
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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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