BILL 27

An Act to Amend the Provincial Court Act

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

1 Subsection 7.1(5) of the Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is amended by striking out “19 and 22” and substituting “19, 21.1 and 22”.

2 Subsection 13(2) of the Act is repealed and the following is substituted:

13(2) This section does not prohibit the following:

(a)  a judge from carrying out any duties assigned to him or her by order of the Lieutenant-Governor in Council;

(b)  a judge from carrying out any administrative duties assigned to him or her in accordance with Part III;

(c)  a judge from sitting as a judge of the provincial court of a province other than New Brunswick, on the request of the proper authority of that province, if the chief judge authorizes the judge to do so and informs the Minister of the granting of the authorization; or

(d)  the chief judge from sitting as a judge of the provincial court of a province other than New Brunswick, on the request of the proper authority of that province, if the chief judge considers it appropriate in the circumstances and informs the Minister of the intended action.

3 The Act is amended by adding after section 21 the following:

Appointment of judge to another court

21.1(1) Subject to the Criminal Code (Canada), a judge who is appointed to another court after starting to hear any action, cause, matter, process, hearing or proceeding remains seized of the action, cause, matter, process, hearing or proceeding for a period of 12 weeks after the effective date of the appointment.

21.1(2) During the 12-week period referred to in subsection (1), the judge may continue to hear evidence and argument, decide the action, cause, matter, process, hearing or proceeding and make an order, impose sentence or do anything else to complete the action, cause, matter, process, hearing or proceeding as if the judge has not been appointed to another court.

21.1(3) Sections 3.1, 6 to 6.13, 19 and 22 apply with the necessary modifications to the judge.