BILL 4
An Act to Repeal the
Divorce Court Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 The
Divorce Court Act, chapter D-12 of the Revised Statutes, 1973, is
repealed.
2 New
Brunswick Regulation 55 under the Divorce Court Act is repealed.
3 New Brunswick Regulation 74-166 under the Divorce Court Act is repealed.
CONSEQUENTIAL AMENDMENTS
Arrest and Examinations
Act
4(1) Subsection 29.1(2) of the Arrest and Examinations
Act, chapter A-12 of the Revised Statutes, 1973, is amended by striking
out “, the Court of Divorce and Matrimonial Causes”.
4(2) Subsection 30(2) of the Act is amended
by striking out “, the Court of Divorce and Matrimonial Causes”.
Court Reporters
Act
5 Section 1 of the Court Reporters Act, chapter
C-30.1 of the Revised Statutes, 1973, is amended in the definition “court”
by striking out “the Court of Divorce and Matrimonial Causes,”.
Evidence
Act
6 Section 4 of the Evidence Act, chapter
E-11 of the Revised Statutes, 1973, is amended by striking out “in
The Court of Divorce and Matrimonial Causes, or in any other court”
and substituting “in
any court”.
Garnishee
Act
7(1) Section 1 of the Garnishee Act, chapter
G-2 of the Revised Statutes, 1973, is amended in the definition “judgment”
by striking out “The Court of Divorce and Matrimonial Causes”
and substituting “The
Court of Queen’s Bench of New Brunswick”.
7(2) Subsection
2(1) of the Act is amended by striking out “or in The Court
of Divorce and Matrimonial Causes”.
Judicature Act
8(1) Subsection
11(4) of the Judicature Act, chapter J-2 of the Revised Statutes,
1973, is amended by striking out “the Court of Divorce and Matrimonial
Causes,”.
8(2) Section
65 of the Act is amended by striking out “, in the Court of
Divorce and Matrimonial Causes,”.
8(3) Paragraph
73(1)(f) of the Act is amended by striking out “the Court of
Divorce and Matrimonial Causes,”.
8(4) Schedule
A of the Act is amended
(a) in paragraph (y) by
striking out the period at the end of the paragraph and substituting
a semicolon;
(b) by adding after paragraph
(y) the following:
z)matters in relation to marriage and contracts of marriage that are
not otherwise referred to in this Schedule.
8(5) Schedule
B of the Act is amended by striking out
Divorce Court
Act
Jury
Act
9(1) The heading “JURY IN THE COURT OF
DIVORCE AND MATRIMONIAL CAUSES OR UPON AN INQUISITION” preceding
section 32 of the Jury Act, chapter J-3.1 of the Acts of New Brunswick,
1980, is amended by striking out “IN THE COURT OF DIVORCE AND
MATRIMONIAL CAUSES OR”.
9(2) Subsection
32(1) of the Act is amended by striking out “When a jury is
required in the Court of Divorce and Matrimonial Causes or for an
inquisition before a sheriff or other officer who is not a judge of
the Court,” and substituting “When a jury is required for an inquisition
before a sheriff or other officer,”.
Legal Aid Act
10(1) Paragraph 12(1)(f) of the Legal Aid Act, chapter L-2 of the Revised
Statutes, 1973, is amended by striking out “the Court of Divorce
and Matrimonial Causes,”.
10(2) Paragraph 24(1)(b) of the Act is amended by striking out “the
Court of Divorce and Matrimonial Causes,”.
Memorials and Executions
Act
11(1) Section 3 of the Memorials and Executions
Act, chapter M-9 of the Revised Statutes, 1973, is amended by striking
out “the Registrar of the Court of Divorce and Matrimonial Causes
or the Registrar of The Court of Queen’s Bench of New Brunswick,
as the case may be, shall, on the request of any person who has obtained
a decree in the Court of Divorce and Matrimonial Causes or The Court
of Queen’s Bench of New Brunswick” and substituting “the Registrar of The
Court of Queen’s Bench of New Brunswick shall, on the request
of any person who has obtained a decree in The Court of Queen’s
Bench of New Brunswick”.
11(2) Section 5 of the Act is amended by striking
out “of The Court of Divorce and Matrimonial Causes”.
11(3) Section 7 of the Act is amended by striking
out “memorial of a judgment in The Court of Queen’s Bench
of New Brunswick or the Court of Appeal, or of a decree in The Court
of Divorce and Matrimonial Causes,” and “judgment was
obtained” and substituting “memorial of a judgment or decree
obtained in The Court of Queen’s Bench of New Brunswick or the
Court of Appeal,” and “judgment or decree was obtained” respectively.
11(4) Section 8 of the Act is amended by striking out “The Court
of Queen’s Bench of New Brunswick, the Court of Appeal or The
Court of Divorce and Matrimonial Causes,” and “by the
Registrar of the Court of Appeal if made by the Court of Appeal or
a judge thereof, or by the Registrar of The Court of Divorce and Matrimonial
Causes if made by that Court,” and substituting “The Court of Queen’s
Bench of New Brunswick or the Court of Appeal,” and “or by the Registrar
of the Court of Appeal if made by the Court of Appeal or a judge thereof,” respectively.
11(5) Section 9 of the Act is amended by striking out “The Court
of Queen’s Bench of New Brunswick, the Court of Appeal, or The
Court of Divorce and Matrimonial Causes,” and substituting “The Court of Queen’s
Bench of New Brunswick or the Court of Appeal,”.
11(6) Subsection 10(2) of the Act is amended by striking out “or
the Registrar of The Court of Divorce and Matrimonial Causes if the
decree is in that court,”.
11(7) Section 32 of the Act is amended by striking out “The Court
of Divorce and Matrimonial Causes,”.
11(8) Subsection 33(1) of the Act is amended in the portion preceding paragraph
(a) by striking out “The Court of Divorce and Matrimonial Causes,”.
Recording
of Evidence by Sound Recording Machine Act
12 Section
1 of the Recording of Evidence by Sound Recording Machine Act, chapter
R-5 of the Revised Statutes, 1973, is amended in the definition “court”
by striking out “Court of Divorce and Matrimonial Causes,”.