Legislative Assembly of New Brunswick
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An Act to Amend the Provincial Court Act

Legislature :
54
Session :
5
Bill No. :
9
Member :
Hon. Green
First Reading :
2002-11-20
Second Reading :
2002-11-22
Committee of the Whole :
2002-11-29
Amended :
Third Reading :
2002-12-3
Royal Assent :
2002-12-20
Download PDF :
Bill 9

Text of Bill :

   Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1                           The Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is amended by adding after section 3.1 the following:

3.2(1)             The Lieutenant-Governor in Council may establish the seal to be used by the Provincial Court.

3.2(2)             Each judge shall have possession of a seal and may use it for the purposes of certifying or authenticating documents issued by the court, but the absence of a seal from
such documents does not invalidate them.

2                           The Act is amended by adding after section 4.4 the following:

4.5(1)             Notwithstanding any other provision of this Act, the Lieutenant-Governor in Council, after consultation with the chief judge or the associate chief judge, may appoint a
judge of the provincial court of a province other than New Brunswick to preside over an action, cause, matter, process, hearing or proceeding if the Lieutenant-Governor in Council
considers it appropriate in the circumstances.

4.5(2)             A judge appointed under subsection (1)

   (a)               shall hold office until the action, cause, matter, process, hearing or proceeding over which he or she is to preside has concluded and any judgment, order or decision
   by the judge has been made, but the appointment is subject to his or her remaining a judge of the provincial court of the province in which he or she was appointed,
   
   (b)               shall have the powers, authority and jurisdiction of a judge appointed under subsection 2(1),
   
   (c)                shall be paid for his or her services at a daily rate of 1/251 of a judge's salary, other than the chief judge's or associate chief judge's salary, and one-half the daily rate
   for one-half day's work or less,
   
   (d)               shall receive reimbursement for expenses in respect of his or her services, as if he or she were a judge appointed under subsection 2(1), and
   
   (e)                shall be subject to the authority of the chief judge.

4.5(3)             Sections 3.1, 5, 6 to 6.13, 12, 19 and 22 apply with the necessary modifications to a person appointed under this section.

 

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