BILL 17

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 The Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is amended by adding after section 6 the following:

Case management officer

6.01( 1) The Minister may appoint employees of the Civil Service as case management officers.

6.01( 2) Before taking office, each case management officer shall take and subscribe an oath of office or make and subscribe an affirmation of office before a judge 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 case management officer 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”.)

6.01( 3) A case management officer may exercise the functions and duties prescribed by regulation in relation to any action, cause, matter, process, hearing or proceeding over which the court has jurisdiction.

6.01( 4) For the purposes of exercising functions and duties under subsection (3), a case management officer has all the jurisdiction of a judge.

6.01( 5) On his or her own motion, a case management officer may refer any matter to a judge.

6.01( 6) When requested by a party, a case management officer shall refer a matter to a judge.

6.01( 7) On a referral of a matter under subsection (5) or (6), the judge may confirm, vary or revoke any order, decision or direction of a case management officer, in whole or in part, or substitute his or her own order, decision or direction.

6.01( 8) Subject to subsection (7), an order, decision or direction made or given by a case management officer in the exercise of a function or duty under subsection (3) is as valid and enforceable as an order, decision or direction made or given by a judge and is deemed to be an order, decision or direction of a judge.

6.01( 9) Subsections (3) and (8) apply notwithstanding that the function or duty is conferred expressly on a judge or the court by an Act or a regulation or rule made under an Act.

6.01( 10) A case management officer is designated, for purposes of the Criminal Code (Canada), as a lawful deputy of any judge, but only in relation to the exercise of functions and duties under subsection (3).

6.01( 11) This section does not apply to any action, cause, matter, process, hearing or proceeding over which the court has jurisdiction under the Youth Criminal Justice Act (Canada) or the Provincial Offences Procedure for Young Persons Act.

2 Subsection 23(1) of the Act is amended by adding before paragraph (b) the following:

(a.01)  prescribing functions and duties of case management officers;

CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT

Provincial Offences Procedure Act

3( 1) The Provincial Offences Procedure Act, chapter P-22.1 of the Acts of New Brunswick, 1987, is amended by adding after section 27 the following:

27.1( 1) In this section, “case management officer” means a case management officer appointed under subsection 6.01(1) of the Provincial Court Act.

27.1( 2) A defendant is relieved of the duty to appear in court at the time and place stated in an appearance notice served under section 5 or a summons issued under subparagraph 6(2)(a)(i) if

(a)  the defendant appears before a case management officer at that time and place, provides the case management officer all the information the case management officer considers necessary for the exercise of his or her functions and duties under subsection 6.01(3) of the Provincial Court Act and otherwise cooperates with the case management officer, and

(b)  the defendant remains in attendance as long as required by the case management officer to enable the case management officer to carry out his or her functions and duties.

27.1( 3) A defendant who wishes to dispute the charge set out in a ticket is relieved of the duty in section 13 to appear in court at the time and place set out in the ticket if

(a)  the defendant appears before a case management officer at that time and place, provides the case management officer all the information the case management officer considers necessary for the exercise of his or her functions and duties under subsection 6.01(3) of the Provincial Court Act and otherwise cooperates with the case management officer, and

(b)  the defendant remains in attendance as long as required by the case management officer to enable the case management officer to carry out his or her functions and duties.

27.1( 4) Subject to subsection (5), sections 17 to 19 and paragraphs 21(1)(a) to (d) apply with the following and any other necessary modifications to the appearance of a defendant before a case management officer:

(a)  any reference to “judge” shall read as “case management officer” with any necessary grammatical changes to the French version; and

(b)   the portion preceding paragraph (a) in subsection 21(1) shall read as follows:

21 ( 1) A case management officer shall

27.1( 5) A case management officer need not repeat any action under sections 17 to 19 or paragraphs 21(1)(a) to (d) that has already been carried out by a judge or another case management officer with respect to the proceeding.

27.1( 6) If a defendant is relieved of the duty to appear in court as a result of the application of subsection (2), sections 22 and 24 do not apply in relation to the defendant, and he or she will later be called upon by a judge to plead.

27.1( 7) If a defendant is relieved of the duty to appear in court as a result of the application of subsection (3), sections 16, 22 and 24 do not apply in relation to the defendant, and he or she will later be called upon by a judge to plead.

27.1( 8) When a defendant first appears before the judge, the judge need not repeat any action that has already been carried out by a case management officer under sections 17 to 19 or paragraphs 21(1)(a) to (d) with respect to the proceeding.

3( 2) Subsection 28(1) of the Act is amended by striking out the portion preceding paragraph (a) and substituting the following:

28( 1) Where a defendant has not delivered a signed plea of guilty form to the office of the court and does not appear at the time and place stated in an appearance notice or summons or at the time and place fixed for taking the defendant’s plea, the judge may, if satisfied that an appearance notice or summons was served on the defendant and that subsection 27.1(2) does not apply to the defendant or if satisfied that the defendant was notified of the time and place fixed for taking the plea,

3( 3) Section 29 of the Act is amended

(a)  in subsection (1) by striking out “by a judge”;

(b)  in subsection (1.1) in the portion preceding paragraph (a) by striking out “by a judge”.

3( 4) Paragraph 35(1)(b) of the Act is amended by striking out “by the judge”.

3( 5) Subsection 111(1) of the Act is amended by striking out “proceedings” and substituting “proceedings before a judge”.

Provincial Offences Procedure for Young Persons Act

4 Section 6 of the Provincial Offences Procedure for Young Persons Act, chapter P-22.2 of the Acts of New Brunswick, 1987, is amended by adding after subsection (7) the following:

6( 8) Section 27.1 of the Provincial Offences Procedure Act does not apply in relation to a young person.

Commencement

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