Bill 17 - An Act to Amend the Judicature Act

BILL 17

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 Section 12.01 of the Judicature Act, chapter J-2 of the Revised Statutes, 1973, is amended

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

12.01( 3) Subject to subsections (4) and (5), the Chief Justice of the Court of Queen’s Bench, with the consent of the Minister of Justice, may designate the place at which a judge is to establish residence.

(b) by adding after subsection (3) the following:

12.01( 4) If the Chief Justice of the Court of Queen’s Bench designates a place at which a judge is to establish residence under subsection (3), the Chief Justice of the Court of Queen’s Bench shall not designate a new place of residence for the judge without first obtaining the consent of the Minister of Justice and the judge.

12.01( 5) If, before the commencement of this subsection, the Chief Justice of the Court of Queen’s Bench designated a place at which a judge was to establish residence, the Chief Justice of the Court of Queen’s Bench shall not designate a new place of residence for the judge without first obtaining the consent of the Minister of Justice and the judge.

Conditional amendments

2( 1) If this Bill and the Bill entitled An Act Respecting Government Reorganization, introduced in the third session of the 58th Legislature, receive Royal Assent on the same date, the words “Minister of Justice” in the following provisions shall be replaced by the words “Minister of Justice and Public Safety”:

(a) subsection 12.01(3) of the Judicature Act, chapter J-2 of the Revised Statutes, 1973, as enacted by paragraph (1)(a) of this Bill;

(b) subsections 12.01(4) and (5) of the Judicature Act, chapter J-2 of the Revised Statutes, 1973, as enacted by paragraph (1)(b) of this Bill.

2( 2) If the Bill entitled An Act Respecting Government Reorganization, introduced in the third session of the 58th Legislature, receives Royal Assent after this Bill, section 12.01 of the Judicature Act, chapter J-2 of the Revised Statutes, 1973, is amended

(a) in subsection (3) by striking out “Minister of Justice” and substituting “Minister of Justice and Public Safety”;

(b) in subsection (4) by striking out “Minister of Justice” and substituting “Minister of Justice and Public Safety”;