BILL 15

An Act Respecting Intimate Partner Violence

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

1 The Intimate Partner Violence Intervention Act, chapter 5 of the Acts of New Brunswick, 2017, is amended by adding after section 2 the following:

Designated authority

2.1 The Lieutenant-Governor in Council may designate any person or category of persons as a designated authority for the purposes of this Act.

2( 1) The Judicature Act, chapter J-2 of the Revised Statutes, 1973, is amended by adding after section 56.4 the following:

EMERGENCY ADJUDICATIVE OFFICERS

Appointment

56.5( 1) The Lieutenant-Governor in Council may, on the recommendation of the Minister of Justice and Public Safety, appoint those Emergency Adjudicative Officers as the Lieutenant-Governor in Council considers necessary.

56.5( 2) An Emergency Adjudicative Officer 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.

56.5( 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 or make and subscribe an affirmation of office to truly and faithfully discharge those duties.

56.5( 4) The oath or affirmation of office shall be administered by a judge of the Court.

56.5( 5) Subject to paragraph 56.8(7)(d), an Emergency Adjudicative Officer shall be appointed for a term not exceeding 10 years and is eligible for reappointment.

Authority

56.6 An Emergency Adjudicative Officer may hear applications for emergency intervention orders and make decisions on those applications in accordance with the Intimate Partner Violence Intervention Act.

Immunity

56.7 An Emergency Adjudicative Officer has the same immunity from liability as a judge of the Court of Queen’s Bench.

Complaints

56.8( 1) Any person may file a written complaint with the Chief Justice of the Court of Queen’s Bench alleging misconduct by an Emergency Adjudicative Officer.

56.8( 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.

56.8( 3) If the Chief Justice dismisses a complaint under subsection (2), the Chief Justice shall notify the complainant and the Emergency Adjudicative Officer in writing of the dismissal and give brief reasons for the dismissal.

56.8( 4) If the complaint is not dismissed, the Chief Justice shall refer it to a committee consisting of the Registrar and two other judges of the Court of Queen’s Bench chosen by the Chief Justice.

56.8( 5) The committee shall investigate the complaint in the manner it considers appropriate, and the complainant and the Emergency Adjudicative Officer shall be given an opportunity to make representations to the committee, in writing or, at the committee’s option, orally.

56.8( 6) The committee shall make a report to the Chief Justice, recommending a disposition in accordance with subsection (7).

56.8( 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 Emergency Adjudicative Officer’s conduct presents grounds for imposing a sanction, may

(a)  reprimand the Emergency Adjudicative Officer,

(b)  order the Emergency Adjudicative Officer to apologize to the complainant,

(c)  reprimand the Emergency Adjudicative Officer and order him or her to apologize to the complainant, or

(d)  remove the Emergency Adjudicative Officer from office.

56.8( 8) If the Chief Justice dismisses a complaint under subsection (7), the Chief Justice shall notify the complainant and the Emergency Adjudicative Officer in writing of the dismissal and give brief reasons for the dismissal.

56.8( 9) The Chief Justice’s decision may be appealed to the Court of Appeal

(a)  by the Emergency Adjudicative Officer, as of right, or

(b)  by the complainant, with leave of the Court of Appeal.

56.8( 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.

56.8( 11) On the filing of a notice of appeal, the imposition of any sanction is stayed until the final disposition of the appeal.

CHIEF HEARING OFFICER

Designation

56.9( 1) The Lieutenant-Governor in Council shall designate from among the Emergency Adjudicative Officers a Chief Hearing Officer who shall

(a)  be under the direction of the Chief Justice;

(b)  direct and supervise the assignment of duties to

( i) Case Management Masters who are appointed or reappointed on or after the commencement of this section,

( ii) Emergency Adjudicative Officers, and

( iii) adjudicators appointed under the Small Claims Act; and

(c)  execute the authority, duties and powers of an Emergency Adjudicative Officer as set out in section 56.6.

56.9( 2) Subject to paragraph 56.8(7)(d), an Emergency Adjudicative Officer shall be designated as Chief Hearing Officer for a term not exceeding 10 years and is eligible to be redesignated.

56.9( 3) If an Emergency Adjudicative Officer is designated as Chief Hearing Officer and less than 10 years remain in his or her term as a Emergency Adjudicative Officer, he or she may be designated as Chief Hearing Officer for the balance of his or her term as an Emergency Adjudicative Officer.

56.9( 4) If the designation under subsection (2) expires and the Emergency Adjudicative Officer is not redesignated as Chief Hearing Officer, the Emergency Adjudicative Officer may, subject to paragraph 56.8(7)(d), continue to act as an Emergency Adjudicative Officer for the balance of his or her term as an Emergency Adjudicative Officer.

2( 2) Schedule B of the Act is amended by adding after

International Child Abduction Act

the following:

Intimate Partner Violence Intervention Act