BILL 36
An Act to Amend the Judicature
Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 The
Judicature Act, chapter J-2 of the Revised Statutes, 1973, is amended
by adding before the heading “REGISTRAR AND OTHER COURT PERSONNEL”
that precedes section 57 the following:
CASE MANAGEMENT MASTERS
Appointment
56.1(1)
The Lieutenant-Governor in Council may, on the recommendation of the
Attorney General, appoint for any judicial district of the Family
Division of the Court of Queen’s Bench such Case Management
Masters as are considered necessary.
56.1(2)
A Case Management Master shall be a barrister of the Court but is
not allowed to practise as a barrister or solicitor in any court during
his or her term of office.
56.1(3)
A person appointed under subsection (1) shall, before entering upon
the duties of his or her office, take and subscribe an oath of office
to truly and faithfully discharge those duties.
56.1(4)
The oath of office shall be administered by a judge of the Court.
56.1(5)
Subject to paragraph 56.4(7)(d),
a Case Management Master shall be appointed for a term not exceeding
3 years and is eligible for reappointment.
Authority
56.2(1)
A Case Management Master may exercise the jurisdiction of the Court
of Queen’s Bench in respect to the matters set out in Schedule
C.
56.2(2) Every order or decision made or given
by a Case Management Master pertaining to a matter referred to in
subsection (1) is as valid and binding on all parties concerned as
if it had been made or given by the Court of Queen’s Bench,
but any party may appeal from it to the Family Division of the Court
of Queen’s Bench within the judicial district for which the
Case Management Master was appointed, with leave of that Division.
56.2(3)
A Case Management Master shall, within the judicial district for which
he or she was appointed, perform the duties and exercise the powers
and authority assigned to him or her under this Act or any other Act,
the regulations under this Act or any other Act and the Rules of Court.
56.2(4)
In making an order, a Case Management Master may give such directions
and award such costs as he or she considers appropriate.
Immunity
56.3 A
Case Management Master has the same immunity from liability as a judge
of the Court of Queen’s Bench.
Complaints
56.4(1)
Any person may make a complaint alleging misconduct by a Case Management
Master, by writing to the Chief Justice of the Court of Queen’s
Bench.
56.4(2) The Chief Justice shall review the
complaint and may dismiss it without further investigation if, in
his or her opinion, it is frivolous or an abuse of process, or concerns
a minor matter to which an appropriate response has already been given.
56.4(3)
The Chief Justice shall notify the complainant and the Case Management
Master in writing of a dismissal under subsection (2), giving brief
reasons for it.
56.4(4)
If the complaint is not dismissed, the Chief Justice shall refer it
to a committee consisting of 3 persons, being the Registrar and 2
other judges of the Court of Queen’s Bench chosen by the Chief
Justice.
56.4(5) The committee shall investigate the
complaint in the manner it considers appropriate, and the complainant
and the Case Management Master shall be given an opportunity to make
representations to the committee, in writing or, at the committee’s
option, orally.
56.4(6)
The committee shall make a report to the Chief Justice, recommending
a disposition in accordance with subsection (7).
56.4(7)
The Chief Justice may dismiss the complaint, with or without a finding
that it is unfounded, or, if he or she concludes that the Case Management
Master’s conduct presents grounds for imposing a sanction, may
(a) reprimand the Case Management Master,
(b) order the Case Management Master to apologize
to the complainant,
(c) reprimand the Case Management Master and
order him or her to apologize to the complainant, or
(d) remove the Case Management Master from
office.
56.4(8) The Chief Justice shall notify the
complainant and the Case Management Master in writing of a dismissal
under subsection (7), giving brief reasons for it.
56.4(9)
The Chief Justice’s decision may be appealed to the Court of
Appeal
(a) by the Case Management Master, as of right,
or
(b) by the complainant, with leave of the Court
of Appeal.
56.4(10) The notice of appeal or the notice
of motion for leave to appeal shall be filed within 30 days after
the date of the Chief Justice’s decision.
56.4(11)
On the filing of a notice of appeal, the imposition of any sanction
is stayed until the final disposition of the appeal.
2 Paragraph
73(2)(a) of the Act is amended by adding “Case Management Masters,” before “Registrar”.
3 The
Act is amended by adding after Schedule B the attached Schedule C.
CONSEQUENTIAL AMENDMENTS
Family Services Act
4 Subsection
129(6) of the Family Services Act, chapter F-2.2 of the Acts of New
Brunswick, 1980, is repealed.
Regulation under the Family Services Act
5 Section
2 of New Brunswick Regulation 81-134 under the Family Services Act
is amended in Form 27
(a) by striking out “CERTIFICATE OF JUDGE” and substituting “CERTIFICATE”;
(b) by striking out
Judge of The Court
of Queen’s Bench of New Brunswick
and substituting
Judge (or Case
Management Master)
The Court of Queen’s Bench of New
Brunswick
Support Enforcement
Act
6(1) Section
31 of the Support Enforcement Act, chapter S-15.5 of the Acts of New
Brunswick, 2005, is amended
(a) in paragraph (1)(b) in the portion preceding subparagraph
(i) by adding “or
the Case Management Master appointed under section 56.1 of the Judicature Act” after “court administrator”;
(b) by adding after subsection (3) the following:
31(3.1)
Subsection (3) applies with the necessary modifications to a Case
Management Master.
(c) in subsection (4) in the portion preceding paragraph (a)
by adding “or
a Case Management Master” after “court
administrator”;
(d) by repealing subsection (5).
6(2) Paragraph 53(z) of the Act is
repealed.
Regulation under the Support Enforcement Act
7(1) The heading “Certificate
of court” preceding section 28 of New Brunswick Regulation 2008-15
under the Support Enforcement Act is amended by striking out “of
court”.
7(2) Section 28 of the Regulation
is repealed and the following is substituted:
28 The
following forms are prescribed for the purpose of subsection 34(1)
of the Act:
(a) Form
27 of New Brunswick Regulation 81-134 under the Family Services Act, Certificate;
(b) Certificate
- Form 13.
7(3) Form
13 of the Regulation is amended
(a) in the heading “CERTIFICATE OF COURT ADMINISTRATOR”
by striking out “OF COURT ADMINISTRATOR”;
(b) by striking out “Court Administrator” and substituting “Court Administrator (or Case Management Master)”.
SCHEDULE C
Divorce Act (Canada)
1 A
Case Management Master may exercise the following jurisdiction of
the Court of Queen’s Bench under the Divorce Act (Canada):
(a) to make an interim order under
subsection 15.1(2);
(b) to make an interim order under
subsection 15.2(2); and
(c) to make an interim order under
subsection 16(2).
Family Services Act
2 (1)
A Case Management Master may exercise the following jurisdiction of
the Court of Queen’s Bench under the Family Services Act:
(a) to make an order under section
110;
(b) to make an interim order in accordance
with section 115, other than subsection 115(5), and with paragraphs
116(1)(a), (b), (d) to (j), (l), (m) and (o) and subsections 116(4)
to (8);
(c) to grant leave under subsection
117(1);
(d) to make an interim order under
section 119;
(e) to make an order under section
122;
(f) to grant an authorization and make
an order under section 122.1;
(g) to issue a certificate under section
124; and
(h) subject to subsection (2), to make
an interim order in accordance with sections 129 and 130.
2 (2)
Notwithstanding subsection 129(4) of the Family
Services Act, the Court of Queen’s Bench may make a determination
of custody or access where a Case Management Master has made an interim
order under subsection 129(2) or (3) of that Act in respect of the
same subject matter.
Support Enforcement
Act
3 A Case Management Master may exercise the
following jurisdiction of the Court of Queen’s Bench under the Support Enforcement Act:
(a) to make an order under subsection
17(5); and
(b) to make an order under subsections
26(6), (7) and (8).