BILL 19
An Act to Amend the
Small Claims Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section
17 of the Small Claims Act, chapter S-9.1 of the Acts of New Brunswick,
1997, is amended by adding after subsection (7) the following:
17(8) Any act or thing done from December
22, 2005, to the date of enactment of this section, inclusive, by
an adjudicator whose term of appointment was extended by Order-in-Council
2005-504, in the exercise or performance or intended exercise or
performance of any authority, duty or power vested in or imposed on
an adjudicator under this Act
(a) shall be deemed to have been done
by a person validly appointed to perform the authority, duty or power,
(b) shall be deemed to constitute a
valid exercise or performance of the authority, duty or power, and
(c) is confirmed and ratified.
TRANSITIONAL PROVISIONS
2(1) Order-in-Council 2005-504, dated December
22, 2005, shall be deemed to have been validly made and is confirmed
and ratified.
2(2) Nothing in this amending Act shall be taken
as providing any indication that any authority, duty or power exercised
or performed by an adjudicator whose term of appointment was extended
by Order-in-Council 2005-504 was not validly exercised or performed
by the adjudicator.
2(3) No action, application or any other proceeding
to question or in which is questioned the validity of Order-in-Council
2005-504 shall lie or be instituted against the Crown in right of
the Province or a Minister of the Crown.