Bill 39 - Small Claims Act

BILL 39

Small Claims Act

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

Definitions

1 The following definitions apply in this Act.

“action” means a civil proceeding commenced in the manner set out in the regulations and includes a claim, counterclaim and third party claim. (action)

“adjudicator” means an adjudicator appointed under section 18. (adjudicateur)

“clerk” means a clerk of the court and includes a deputy clerk. (greffier)

“court” means the Small Claims Court of New Brunswick and includes an adjudicator. (Cour)

“Court of Appeal” means The Court of Appeal of New Brunswick. (Cour d’appel)

“Court of Queen’s Bench” means The Court of Queen’s Bench of New Brunswick. (Cour du Banc de la Reine)

“deputy clerk” means a deputy clerk of the court. (greffier adjoint)

“deputy registrar” means a deputy registrar of the court. (registraire adjoint)

“Minister” means the Minister of Justice and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“Registrar” means the Registrar of the court and includes a deputy registrar. (registraire)

This Act binds the Crown in right of the Province

2 This Act binds the Crown in right of the Province.

Purpose

3 The purpose of this Act is to provide for the determination of small claims in a simple, expeditious, informal and inexpensive manner with opportunities for settlement at various stages of the process.

SMALL CLAIMS COURT OF NEW BRUNSWICK

Small Claims Court of New Brunswick

4 There is established a court of record called the Small Claims Court of New Brunswick that shall hear and determine in a summary way all questions of law and fact and may make any decision or order that it considers just and reasonable in the circumstances.

Jurisdiction

5(1) Subject to subsection (5), the court

(a) has jurisdiction in an action for debt or damages, or both, if the amount claimed does not exceed the amount prescribed by regulation,

(b) has jurisdiction in an action for the recovery of possession of personal property if the value of the personal property does not exceed the amount prescribed by regulation, and

(c) has jurisdiction in an action for debt or damages, or both, combined with an action for the recovery of possession of personal property if the combined value of the amount claimed and the value of the personal property does not exceed the amount prescribed by regulation.

5(2) For the purposes of paragraph (1)(a), the amount prescribed is inclusive of interest to the date of judgment and exclusive of costs.

5(3) For the purposes of paragraph (1)(b), the amount prescribed is exclusive of costs.

5(4) For the purposes of paragraph (1)(c),

(a) the amount claimed in the combined value is inclusive of interest to the date of judgment, and

(b) the amount prescribed is exclusive of costs.

5(5) The court does not have jurisdiction

(a) in a proceeding with respect to a family matter set out in Schedule A of the Judicature Act,

(b) in an action involving title to land or interest in land,

(d) in an action for libel, slander, breach of promise of marriage, malicious arrest, malicious prosecution or false imprisonment.

Cause of action not to be divided

6 A person may not divide a cause of action into two or more actions for the purpose of bringing the actions within the jurisdiction of the court.

Person may abandon part of claim

7 A person may abandon any part of a claim or counterclaim in order to bring it within the jurisdiction of the court and shall, in the claim or counterclaim, state the amount that has been abandoned.

Effect of abandoning part of claim

8 Subject to subsection 10(6), a person who abandons any part of a claim or counterclaim under section 7 forfeits the amount abandoned and is not entitled to recover it in the court or in any other court.

Transfer from the Court of Queen’s Bench

9(1) An action in the Court of Queen’s Bench may be transferred to the court with the consent of all the parties or by order of a judge of the Court of Queen’s Bench, on application of one of the parties, if the action is within the jurisdiction of the court.

9(2) An action transferred to the court continues as if it had been commenced in the court.

9(3) When a transfer is made under this section, a clerk of the Court of Queen’s Bench shall forward to a clerk of the court all documents on file with the Court of Queen’s Bench relating to the action.

Transfer to the Court of Queen’s Bench

10(1) If at any time an action involves a matter that is beyond the jurisdiction of the court, the court may order that the matter be transferred to the Court of Queen’s Bench.

10(2) Any party to an action in the court may apply in accordance with the regulations to the Court of Queen’s Bench to have the matter transferred to that Court and the Court of Queen’s Bench may order that the matter be transferred.

10(3) When a transfer is made under this section, the Court of Queen’s Bench may, on the terms and conditions it considers appropriate,

(a) continue the matter to completion, or

(b) order the matter to be recommenced, unless any of the parties would be prejudiced by virtue of the expiry of an applicable limitation period under the Limitation of Actions Act or any other Act.

10(4) Nothing under paragraph (3)(a) prevents the refiling and exchange of pleadings, the holding of another hearing, or any other step that may be taken in the Court of Queen’s Bench in respect of that matter.

10(5) When a transfer is made under this section, a clerk of the court shall forward all documents on file with the court relating to the matter to a clerk of the Court of Queen’s Bench.

10(6) When a transfer is made under this section and a party had abandoned a part of the party’s claim or counterclaim to bring it within the jurisdiction of the court, that party may, subject to any conditions that the Court of Queen’s Bench considers appropriate, withdraw the abandonment of that part of the claim or counterclaim and proceed on the entire claim or counterclaim, as the case may be.

Evidence

11(1) The court may admit as evidence at a hearing and act on any oral testimony and any document or other thing so long as the evidence is relevant to the subject matter of the hearing.

11(2) Subsection (1) applies whether or not the evidence is admissible in any other court.

11(3) Nothing is admissible in evidence at a hearing that would be inadmissible by reason of any privilege under the law of evidence.

11(4) A copy of a document or any other thing may be admitted as evidence at a hearing if the presiding adjudicator is satisfied as to its authenticity.

Record of proceedings

12 The proceedings of the court are not required to be recorded by a stenographer or with a sound or video recording apparatus.

Power of court to compel attendance

13(1) An adjudicator may issue a warrant for the apprehension of a person who is served with a summons to witness and who fails to attend court at the time and place stated on the summons if the adjudicator is satisfied that

(a) a summons was served on the person,

(b) a witness allowance prescribed by regulation was offered to the person, and

13(2) A sheriff, deputy sheriff or any peace officer may execute the warrant and shall give all assistance to adjudicators in the exercise of the jurisdiction of the court.

13(3) If a person named in a warrant attends court voluntarily, the warrant is cancelled.

13(4) If the person is brought before the court on a warrant and the person’s evidence is still required, an adjudicator may release the person on conditions set by the adjudicator or order the person to be detained until his or her presence is no longer required.

13(5) A person who is served with a summons to witness and who, without lawful excuse, fails to attend court or remain in attendance commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

13(6) A certificate, in the form prescribed by regulation, of the adjudicator before whom a person is alleged to have failed to attend or remain in attendance stating that the person failed to attend or remain in attendance is admissible in evidence and is proof, in the absence of evidence to the contrary, of the fact, without proof of the appointment, authority or signature of the adjudicator purporting to have signed the certificate.

Offence and penalty

14(1) A person at a hearing before an adjudicator who, without lawful excuse, does any of the following commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence:

(a) refuses to be sworn, or to affirm or to answer a question;

(b) fails or refuses to produce a record, document or other thing required in a summons to witness served on the person; or

14(2) A certificate, in the form prescribed by regulation, of the adjudicator before whom a person is alleged to have refused or failed to do any of the acts described in paragraphs (1)(a) to (c), stating that the person has refused or failed to do any of the acts so described is admissible in evidence and is proof, in the absence of evidence to the contrary, of the fact, without proof of the appointment, authority or signature of the adjudicator purporting to have signed the certificate.

Procedural error

15 A procedural error, including failure to comply with this Act or the regulations under this Act for the conduct of a proceeding, shall be treated as an irregularity, and the court shall permit all necessary amendments or grant other relief at any stage in the proceeding, on proper terms, to secure the just determination of the matters in dispute between the parties.

If no procedure provided

16 In any matter of procedure not provided for by this Act or the regulations, the court may give directions.

Filing of judgment or order

17(1) A judgment of the court or an order of the court may be filed with the Court of Queen’s Bench and when filed shall be entered as a judgment or order of that Court and have the same force and effect, and enforcement proceedings may be taken on the judgment or order as if it had been a judgment or order originally obtained in that Court.

17(2) A judgment or order of the court that is filed with the Court of Queen’s Bench may be set aside

(a) by a subsequent order of the court filed in the Court of Queen’s Bench, or

(b) by an order of a judge of the Court of Queen’s Bench.

Adjudicators

18(1) The Lieutenant-Governor in Council may appoint those adjudicators that the Lieutenant-Governor in Council considers necessary for the purposes of this Act.

18(2) No person shall be appointed or serve as an adjudicator unless that person is a practising member in good standing of the Law Society of New Brunswick.

18(3) An adjudicator shall hold office for the term that the Lieutenant-Governor in Council determines and may be reappointed.

18(4) An adjudicator shall receive the remuneration and reimbursement for expenses that the Lieutenant-Governor in Council determines.

18(5) Before taking office, each adjudicator shall take and subscribe an oath of office or make and subscribe an affirmation of office before a judge of the Court of Queen’s Bench as follows:

I, ______________________, do swear (or solemnly affirm) that I will well and truly, according to my skill and knowledge, execute the authority, duties and powers of the office of adjudicator and I will do right to all manner of people according to law, without fear or favour, affection or ill will. (In the case where an oath is taken add “So help me God”.)

18(6) A certificate of the oath or affirmation having been duly administered, signed by that judge, shall be attached to the Order in Council appointing the adjudicator, and the adjudicator shall not be deemed to be appointed until the oath or affirmation is administered.

18(7) A certificate referred to in subsection (6) shall be forwarded without delay to the Minister.

18(8) An adjudicator shall preside over every sitting of the court.

18(9) An adjudicator has the authority to act throughout the Province.

Immunity of adjudicators

19 An adjudicator has the same immunity from liability as a judge of the Court of Queen’s Bench.

APPEALS

Appeal to Court of Queen’s Bench

20 A party may appeal a decision of an adjudicator to the Court of Queen’s Bench in accordance with the regulations.

Appeal to Court of Appeal

21 A party may, with the leave of a judge of the Court of Appeal, appeal a decision of the Court of Queen’s Bench to the Court of Appeal in accordance with the regulations.

Appeal not a stay

22 An appeal to the Court of Queen’s Bench or to the Court of Appeal does not operate as a stay of any enforcement proceedings, unless a judge of the Court of Queen’s Bench or a judge of the Court of Appeal otherwise directs.

COMPLAINTS PROCESS

Filing of complaint of misconduct

23(1) The following definitions apply in this section, sections 24 to 31, section 38 and the regulations.

“complaint” means a complaint of misconduct. (plainte)

“complaints committee” means a committee appointed under section 26. (comité des plaintes)

“misconduct” means (inconduite)

(a) conduct unbecoming an adjudicator,

(b) neglect of duty by an adjudicator,

(d) having been placed by one’s conduct or otherwise in a position incompatible with the due execution of one’s duties as an adjudicator.

23(2) Any person may make a complaint to the Registrar alleging misconduct by an adjudicator.

23(3) A complaint shall be in writing and signed by or on behalf of the complainant and shall include the following information:

(a) the name, address and telephone number of the person making the complaint;

(b) the name of the adjudicator against whom the complaint is made;

(d) as much detail as possible about the conduct of the adjudicator against whom the complaint is made.

Assessment of complaint by Registrar

24(1) On receiving a complaint, the Registrar shall review and assess the complaint and may

(a) dismiss the complaint, if the Registrar is of the opinion that there is no basis for the complaint, and if a more appropriate avenue should be pursued by the complainant, advise the complainant of that fact, or

(b) forward a copy of the complaint to the adjudicator against whom the complaint is made, asking for a written response from the adjudicator within 14 days after receipt of the complaint.

24(2) A copy of a complaint forwarded under paragraph (1)(b) shall be deemed to have been received by the adjudicator five days after it has been mailed.

24(3) Nothing in this section prevents the Registrar from obtaining additional information from the complainant or any other person if the Registrar is of the opinion that the information is required before acting under subsection (1).

24(4) When the Registrar forwards a complaint to an adjudicator under paragraph (1)(b), the Registrar shall notify the complainant and advise the complainant as to the period within which a response is to be made by the adjudicator.

Determination of complaint by Registrar

25(1) After the period referred to in paragraph 24(1)(b) has elapsed, the Registrar may

(a) resolve the complaint, if the Registrar obtains the agreement of the complainant and the adjudicator,

(b) dismiss the complaint, or

(c) forward the complaint, stating the grounds for the complaint, to the Chief Justice of the Court of Queen’s Bench with the recommendation for a formal review.

25(2) Nothing in subsection (1) prevents the Registrar from making inquiries of the complainant, the adjudicator against whom the complaint was made and others, as appropriate, about the subject matter of the complaint before acting under subsection (1).

25(3) The Registrar shall notify the complainant and the adjudicator against whom the complaint was made of the Registrar’s decision under paragraph (1)(b) or (c) without delay.

Appointment of complaints committee

26(1) After receiving a copy of the complaint referred to in paragraph 25(1)(c), the Chief Justice of the Court of Queen’s Bench shall appoint a complaints committee which shall be composed of

(a) a judge of the Court of Queen’s Bench, who shall be the chair of the committee,

(b) an adjudicator, and

26(2) The Lieutenant-Governor in Council shall appoint a panel of six persons for the purpose of providing members who may be appointed to serve on a complaints committee.

26(3) The members of a complaints committee appointed under paragraphs (1)(b) and (c) shall receive the remuneration and reimbursement for expenses that the Lieutenant-Governor in Council determines.

26(4) A person who is appointed to a complaints committee continues to remain a member of the committee until the committee completes all matters with respect to a charge of misconduct against an adjudicator, even though the member’s appointment as a judge, adjudicator or under subsection (2) has expired or otherwise terminated.

26(5) Three members of a complaints committee constitute a quorum, and a decision of a majority of the members is the decision of the committee.

26(6) The Chief Justice of the Court of Queen’s Bench shall, after the last member has been appointed to the complaints committee, forward to the committee the complaint against an adjudicator for its determination.

Powers of complaints committee

27(1) A complaints committee and each member of the committee have all the powers of a commissioner appointed under the Inquiries Act.

27(2) Subject to this Act and the regulations, a complaints committee may establish its own procedures.

Hearing by complaints committee

28(1) Within 60 days after the appointment of the last member of the complaints committee, the committee shall commence a hearing to adjudicate the complaint.

28(2) The parties to the hearing are the complainant and the adjudicator against whom the complaint has been made.

28(3) Each party to the hearing may present evidence at the hearing, cross-examine witnesses and may be represented by counsel.

28(4) A complaints committee may receive and accept any relevant evidence even though it is not admissible under the rules applying to trials in the Court of Queen’s Bench.

28(5) A complaints committee may, on proof that it has given notice of the hearing to the adjudicator against whom the complaint is made, proceed with the hearing in the absence of the adjudicator, and decide on the complaint in the same manner as if the adjudicator were present.

28(6) A hearing shall be held in private.

Decision of complaints committee

29(1) After completing the hearing, the complaints committee may

(a) dismiss the complaint, or

(b) find that there has been misconduct by the adjudicator.

29(2) A complaints committee shall file a copy of its decision and reasons with the Registrar, who shall without delay forward a copy to

(a) the adjudicator against whom the complaint was made, and

(b) the complainant.

29(3) If a complaints committee makes a finding under paragraph (1)(b), it may, after giving the adjudicator an opportunity to make representations on the matter,

(a) issue a reprimand to the adjudicator, or

(b) recommend to the Lieutenant-Governor in Council that the appointment of the adjudicator be revoked.

29(4) The decision of the complaints committee under subsection (3) shall be filed with the Registrar, who shall forward a copy of the decision without delay to

(a) the complainant,

(b) the adjudicator against whom a charge of misconduct was upheld, and

29(5) The decision of the complaints committee is final and shall not be appealed, but is subject to judicial review.

Revocation of appointment of adjudicator

30(1) If a complaints committee recommends the revoking of the appointment of an adjudicator, the Lieutenant-Governor in Council shall, on receipt of the recommendation, revoke the adjudicator’s appointment.

30(2) If an adjudicator is removed from office, the Minister may release the results of the deliberations of the complaints committee if the Minister considers it in the public interest to do so.

Immunity

31(1) No action or other proceeding lies or shall be instituted against the Registrar, a deputy registrar, a complaints committee or any member of it or any person acting under the authority of the complaints committee for any act done in good faith in the execution or intended execution of the committee’s or the person’s duty.

31(2) Subsection (1) does not apply to prevent an application for judicial review.

GENERAL

Registrar and deputy registrars

32(1) The Registrar and deputy registrars of the Court of Queen’s Bench are, by virtue of the office, the Registrar and deputy registrars of the court.

32(2) The Registrar and deputy registrars shall have and perform the duties prescribed by this Act and the regulations.

32(3) The Registrar shall interpret legal procedural matters to ensure uniformity of practice in the court by the clerks and deputy clerks.

Clerks and deputy clerks

33(1) The clerks and deputy clerks of the Court of Queen’s Bench are, by virtue of the office, the clerks and deputy clerks of every judicial district of the court.

33(2) The clerks and deputy clerks shall have and perform the duties prescribed by this Act and the regulations.

Money received by clerk

34 A clerk is entitled to receive on behalf of the Province the fees that are prescribed by regulation.

Certified copy of judgment or order

35 A certified copy of the judgment or order of the court, signed by a clerk or deputy clerk, is admissible in evidence and is proof, in the absence of evidence to the contrary, of its contents, without proof of the appointment, authority or signature of the person purporting to have signed the copy.

Immunity of officials

36(1) No action or other proceeding lies or shall be instituted against the Registrar, a deputy registrar, a clerk or a deputy clerk or any other person for any act done in good faith in the execution or intended execution of the person’s duty.

36(2) Subsection (1) does not apply to prevent an application for judicial review.

Administration

37 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

Regulations

38 The Lieutenant-Governor in Council may make regulations

(a) prescribing an amount for the purposes of paragraph 5(1)(a);

(b) prescribing an amount for the purposes of paragraph 5(1)(b);

(d) prescribing forms to be used for the purposes of this Act and the regulations;

(e) respecting the pleading, practice and procedure in the court, including, but not limited to, the costs that may be awarded and the mediation of actions;

(f) respecting transfers from the court to the Court of Queen’s Bench or any other court, including the circumstances under which an application for a transfer may be made;

(g) respecting transfers to the court from any other court, including the circumstances under which an application for a transfer may be made;

(h) respecting appeals, including, but not limited to, the pleading, practice and procedure on appeal, limiting the right of appeal, the rules of evidence on appeal and the costs that may be awarded on appeal;

(i) respecting the setting aside of a judgment or order of the court, including one that is filed in the Court of Queen’s Bench;

(j) prescribing judicial districts;

(k) prescribing the time and place for sittings of the court;

(l) prescribing the form, content and manner of maintenance of records of the court, the place or places at which or the length of time for which they are to be maintained and providing for their destruction and disposal;

(m) prescribing the duties, powers and authority of the court, the adjudicators, the Registrar, the deputy registrars, the clerks and the deputy clerks;

(n) respecting the procedures of a complaints committee;

(o) prescribing fees for the purposes of this Act and the regulations;

(p) waiving all or part of a fee and prescribing the circumstances under which a fee or part of a fee may be waived;

(q) prescribing the rate of interest a judgment is to bear;

(r) respecting the awarding or calculation of prejudgment interest;

(s) prescribing witness allowances;

(t) respecting any matter that the Lieutenant-Governor in Council considers necessary or desirable to carry out the intent and purpose of this Act.

TRANSITIONAL PROVISIONS

Actions and appeals commenced under Rule 80

39(1) In this section and sections 40, 41 and 42, Rule 80 means Rule 80 of the Rules of Court, as that rule existed before the commencement of this section.

39(2) Any action that, before the commencement of this section, has commenced in the Court of Queen’s Bench in accordance with Rule 80 shall be dealt with and concluded as though Rule 80 had not been repealed.

39(3) Despite section 9, an action that, before the commencement of this section, has commenced in the Court of Queen’s Bench in accordance with Rule 80 may not be transferred to the court.

39(4) An appeal of an adjudicator’s decision to the Court of Queen’s Bench that has commenced under Rule 80 before the commencement of this section shall be dealt with and concluded as though Rule 80 had not been repealed.

39(5) An appeal to the Court of Appeal that has commenced under Rule 80 before the commencement of this section shall be dealt with and concluded as though Rule 80 had not been repealed.

Effect on certain provisions of An Act to Repeal the Small Claims Act

40(1) Nothing in this Act affects the operation of sections 4, 5, 6, 7, 8 and 8.1 of An Act to Repeal the Small Claims Act, chapter 28 of the Acts of New Brunswick, 2009, as amended by An Act Respecting Small Claims, chapter 51 of the Acts of New Brunswick, 2009.

40(2) For greater certainty,

(a) sections 5, 6 and 8.1 of An Act to Repeal the Small Claims Act, chapter 28 of the Acts of New Brunswick, 2009, as amended by An Act Respecting Small Claims, chapter 51 of the Acts of New Brunswick, 2009, shall, for the purposes of subsection (1), be interpreted as though Rule 80 of the Rules of Court had not been repealed; and

(b) an action referred to in section 5 or 6 of An Act to Repeal the Small Claims Act, chapter 28 of the Acts of New Brunswick, 2009, as amended by An Act Respecting Small Claims, chapter 51 of the Acts of New Brunswick, 2009, that is not concluded before the commencement of this section may not be transferred to the court despite section 9 of this Act.

Appeals of adjudicators’ decisions

41(1) In this section, “Small Claims Court” means the Small Claims Court of New Brunswick as it existed immediately before the repeal of the Small Claims Act, chapter S-9.1 of the Acts of New Brunswick, 1997.

41(2) If an adjudicator of the Small Claims Court files his or her decision with the clerk within 30 days before the commencement of this section or on or after the commencement of this section, any party to the action who attended the hearing or was represented at the hearing may appeal the adjudicator’s decision to the Court of Queen’s Bench on the substance of a claim, counterclaim or third party claim in accordance with subrule .34 of Rule 80 as though that Rule had not been repealed.

41(3) If an adjudicator of the Small Claims Court files his or her decision, other than a decision referred to in subsection (2) , with the clerk within ten days before the commencement of this section or on or after the commencement of this section, any party to the action may appeal the decision to the Court of Queen’s Bench in accordance with subrule .35 of Rule 80 as though that Rule had not been repealed.

41(4) An appeal referred to in subsection (2) or (3) shall be dealt with and concluded as though Rule 80 had not been repealed.

Appeals of Court of Queen’s Bench decisions

42(1) Any of the following decisions of the Court of Queen’s Bench may, with leave of a judge of the Court of Appeal, be appealed on a question of law alone to the Court of Appeal:

(a) a decision filed within 30 days before the commencement of this section under Rule 80, or

(b) a decision filed on or after the commencement of this section under Rule 80, despite its repeal.

42(2) Subsection (1) applies whether or not the action commenced under Rule 80.

42(3) Any of the following decisions of the Court of Queen’s Bench filed within 30 days before the commencement of this section or on or after the commencement of this section may, with leave of a judge of the Court of Appeal, be appealed on a question of law alone to the Court of Appeal:

(a) a decision following a trial de novo that was commenced under the Small Claims Act, chapter S-9.1 of the Acts of New Brunswick, 1997;

(b) a decision in respect of an appeal of an adjudicator’s decision that was commenced under Rule 80 before its repeal;

42(4) An application for leave to appeal under subsection (1) or (3) shall be made and dealt with in accordance with the regulations under this Act establishing the procedure for applications for leave to appeal to the Court of Appeal, with any necessary modifications.

42(5) If leave is granted, the appeal shall be commenced, dealt with and concluded in accordance with the regulations under this Act establishing the procedure for appeals to the Court of Appeal, with any necessary modifications.

CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT

Court Security Act

43 Section 1 of the Court Security Act, chapter C-30.5 of the Acts of New Brunswick, 2008, is amended by repealing the definition “court” and substituting the following:

“court” means The Court of Queen’s Bench of New Brunswick, The Court of Appeal of New Brunswick, The Probate Court of New Brunswick, the Provincial Court and the Small Claims Court of New Brunswick. (tribunal)

Judicature Act

44(1) Paragraph 73(1)(l) of the Judicature Act, chapter J-2 of the Revised Statutes, 1973, is amended by striking out “the Court of Queen’s Bench or the Court of Appeal” and substituting “the Court of Queen’s Bench, the Court of Appeal or the Small Claims Court of New Brunswick”.

44(2) Section 73.11 of the Act is repealed.

Regulation under the Judicature Act and the Provincial Offences Procedure Act

45 Section 1 of New Brunswick Regulation 82-73 under the Judicature Act and the Provincial Offences Procedure Act is amended in the portion preceding paragraph (a) by striking out “sections 73 and 73.11” and substituting “section 73”.

Right to Information and Protection of Privacy Act

46 Section 1 of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is amended in subparagraph (b)(iii) of the definition “public body” by striking out “The Court of Queen’s Bench of New Brunswick or the Provincial Court of New Brunswick” and substituting “The Court of Queen’s Bench of New Brunswick, the Provincial Court of New Brunswick or the Small Claims Court of New Brunswick”.

Rules of Court

47(1) Rule 76.1 of the Rules of Court of New Brunswick, “VEXATIOUS PROCEEDINGS”, New Brunswick Regulation 82-73 under the Judicature Act and the Provincial Offences Procedure Act, is amended

(a) by adding after the heading “VEXATIOUS PROCEEDINGS” the following:

76.1.001 Definition

In this rule, Small Claims Court means the Small Claims Court of New Brunswick.

(b) in subrule 76.1.02

(i) in paragraph (1)

(A) by repealing the portion preceding clause (a) and substituting the following:

(1) Where a judge of the Court of Queen’s Bench is satisfied, on application, that a person has persistently and without reasonable grounds commenced vexatious proceedings in the Court of Queen’s Bench or the Small Claims Court or has persistently and without reasonable grounds conducted a proceeding in a vexatious manner in the Court of Queen’s Bench or the Small Claims Court, the judge may make an order containing either or both of the following prohibitions:

(B) in clause (a) by striking out “proceeding in the Court of Queen’s Bench” and substituting “proceeding in the Court of Queen’s Bench or the Small Claims Court”;

(C) in clause (b) by striking out “commenced in the Court of Queen’s Bench” and substituting “commenced in the Court of Queen’s Bench or the Small Claims Court”.

(ii) in paragraph (3) by striking out “a proceeding in the Court of Queen’s Bench” and substituting “a proceeding in the Court of Queen’s Bench or the Small Claims Court”.

47(2) Rule 80 of the Rules of Court, “CERTAIN CLAIMS NOT EXCEEDING $30,000”, is repealed.

47(3) The Appendix of Forms to the Rules of Court is amended by repealing Forms 80A to 80U.

Probate Court Act

48(1) Section 65 of the Probate Court Act, chapter P-17.1 of the Acts of New Brunswick, 1982, is amended

(a) by repealing subsection (3) and substituting the following:

65(3) Where the application for the order allowing the claim or demand is one that could have been brought under the Small Claims Act, the Court shall hear and dispose of the application in accordance with the procedure established under the Small Claims Act, with such modifications as may be necessary.

(b) in subsection (6) by striking out “in accordance with the procedure established by the Rules of Court made under section 73.11 of the Judicature Act” and substituting “under the Small Claims Act”;

(c) in subsection (7) by striking out “Where the claim or demand is heard by the Court in accordance with the procedure established by the Rules of Court made under section 73.11 of the Judicature Act, the fees and costs payable shall be according to the tariff prescribed under the Rules of Court” and substituting “Where the claim or demand heard by the Court is in accordance with the procedure under the Small Claims Act, the fees and costs payable shall be according to the tariff prescribed under that Act”.

48(2) Section 67 of the Act is amended by striking out “the amount prescribed under section 73.11 of the Judicature Act” and substituting “the amount prescribed under the Small Claims Act”.

Commencement

49 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.