Bill 40 - An Act Respecting Hearing Officers

BILL 40

An Act Respecting Hearing Officers

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

Intimate Partner Violence Intervention Act

1( 1) Section 1 of the Intimate Partner Violence Intervention Act, chapter 5 of the Acts of New Brunswick, 2017, is amended

(a) by repealing the definition “designated authority”;

(b) by adding the following definition in alphabetical order:

“Hearing Officer” means a person appointed as a Hearing Officer under section 56.91 of the Judicature Act. (agent d’audience)

1( 2) The heading “Designated authority” preceding section 2.1 of the Act is repealed.

1( 3) Section 2.1 of the Act is repealed.

1( 4) Subsection 3(1) of the Act is amended in the portion preceding paragraph (a) by striking out “designated authority” and substituting “Hearing Officer”.

1( 5) Section 4 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “a designated authority may make an emergency intervention order if he or she” and substituting “a Hearing Officer may make an emergency intervention order if the Hearing Officer”;

(b) in subsection (2) by striking out “designated authority” and substituting “Hearing Officer”;

(c) in subsection (3) in the portion preceding paragraph (a) by striking out “designated authority” and substituting “Hearing Officer”;

(d) in subsection (4) in the portion preceding paragraph (a) by striking out “designated authority” and substituting “Hearing Officer”;

(e) in paragraph (5)(m) by striking out “designated authority” and substituting “Hearing Officer”.

1( 6) Subsection 5(1) of the Act is amended by striking out “designated authority” and substituting “Hearing Officer”.

1( 7) Subsection 6(3) of the Act is amended in the portion preceding paragraph (a) by striking out “designated authority” and substituting “Hearing Officer”.

1( 8) Section 7 of the Act is amended by striking out “designated authority” and substituting “Hearing Officer”.

1( 9) Section 8 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “designated authority” and substituting “Hearing Officer”;

(b) in subsection (3) by striking out “designated authority” and substituting “Hearing Officer”;

1( 10) Paragraph 9(2)(a) of the Act is amended by striking out “designated authority” and substituting “Hearing Officer”.

Regulation under the Intimate Partner Violence Intervention Act

2 New Brunswick Regulation 2018-34 under the Intimate Partner Violence Intervention Act is amended

(a) in section 2 in the definition “supporting documentation” by striking out “designated authority” and substituting “Hearing Officer”;

(b) in subsection 3(1) in the portion preceding paragraph (a) by striking out “designated authority shall satisfy himself or herself” and substituting “Hearing Officer shall be satisfied”;

( i) in paragraph (b) by striking out “designated authority” wherever it appears and substituting “Hearing Officer”;

( ii) by repealing paragraph (c) and substituting the following:

(d) in subsection 5(1) in the portion preceding paragraph (a) by striking out “designated authority” and substituting “Hearing Officer”;

(e) in section 6

( i) in subsection (1) by striking out “designated authority” wherever it appears and substituting “Hearing Officer”;

( ii) in subsection (2) by striking out “designated authority” and substituting “Hearing Officer”;

(f) in the heading “Continuation of hearing by another designated authority” preceding section 7 by striking out “designated authority” and substituting “Hearing Officer”;

(g) in section 7

( i) in the portion preceding paragraph (a) by striking out “designated authority” wherever it appears and substituting “Hearing Officer”;

( ii) in paragraph (a) by striking out “designated authority” and substituting “Hearing Officer”;

(h) in section 8 in the portion preceding paragraph (a) by striking out “designated authority” and substituting “Hearing Officer”;

(i) in section 9 in the portion preceding paragraph (a) by striking out “designated authority” and substituting “Hearing Officer”;

(j) in section 16 by striking out “designated authority” and substituting “Hearing Officer”.

Judicature Act

3( 1) The heading “CASE MANAGEMENT MASTERS” preceding section 56.1 of the Judicature Act, Chapter J-2 of the Revised Statutes, 1973, is repealed.

3( 2) The heading “Appointment” preceding section 56.1 of the Act is repealed.

3( 3) Section 56.1 of the Act is repealed.

3( 4) The heading “Authority” preceding section 56.2 of the Act is repealed.

3( 5) Section 56.2 of the Act is repealed.

3( 6) The heading “Immunity” preceding section 56.3 of the Act is repealed.

3( 7) Section 56.3 of the Act is repealed.

3( 8) The heading “Complaints” preceding section 56.4 of the Act is repealed.

3( 9) Section 56.4 of the Act is repealed.

3( 10) The heading “EMERGENCY ADJUDICATIVE OFFICERS” preceding section 56.5 of the Act is repealed.

3( 11) The heading “Appointment” preceding section 56.5 of the Act is repealed.

3( 12) Section 56.5 of the Act is repealed.

3( 13) The heading “Authority” preceding section 56.6 of the Act is repealed.

3( 14) Section 56.6 of the Act is repealed.

3( 15) The heading “Immunity” preceding section 56.7 of the Act is repealed.

3( 16) Section 56.7 of the Act is repealed.

3( 17) The heading “Complaints” preceding section 56.8 of the Act is repealed.

3( 18) Section 56.8 of the Act is repealed.

3( 19) The heading “CHIEF HEARING OFFICER” preceding section 56.9 of the Act is repealed.

3( 20) The heading “Designation” preceding section 56.9 of the Act is repealed.

3( 21) Section 56.9 of the Act is repealed.

3( 22) The Act is amended by adding the following before section 57:

HEARING OFFICERS

Appointment

56.91( 1) The Lieutenant-Governor in Council may, on the recommendation of the Minister of Justice, appoint the Hearing Officers that are considered necessary.

56.91( 2) A Hearing Officer shall be a practising member in good standing of the Law Society of New Brunswick but is not allowed to practise as a barrister or solicitor in any court during the Hearing Officer’s term of office.

56.91( 3) Before taking office as a Hearing Officer, a person appointed under subsection (1) shall, before a judge of the Court of King’s Bench, take and subscribe an oath of office or make and subscribe an affirmation of office to truly and faithfully discharge the duties of the office.

56.91( 4) A certificate of the oath or affirmation having been duly administered, signed by the judge who administered it, shall be forwarded without delay to the Minister of Justice.

56.91( 5) A Hearing Officer shall be appointed for a term not exceeding ten years and is eligible for reappointment.

Jurisdiction and powers and duties

56.92( 1) In an appointment under section 56.91, the Lieutenant-Governor in Council may specify which of the matters set out in section 56.93 for which the Hearing Officer has jurisdiction.

56.92( 2) If the Lieutenant-Governor in Council does not specify the particular matters for which a Hearing Officer has jurisdiction in an appointment under section 56.91, the Hearing Officer may exercise jurisdiction with respect to all the matters set out in section 56.93.

56.92( 3) Every order or decision made or given by a Hearing Officer pertaining to a matter referred to in subsection (1) or (2), as the case may be, is as valid and binding on all parties concerned as if it had been made or given by the Court of King’s Bench.

56.92( 4) A Hearing Officer shall exercise the powers and perform the duties imposed on the Hearing Officer under this Act or any other Act, the regulations under this Act or any other Act and the Rules of Court.

56.92( 5) In making an order, a Hearing Officer may give the directions and award the costs that the Hearing Officer considers appropriate.

Matters for which jurisdiction may be exercised

56.93( 1) A Hearing Officer may exercise the jurisdiction of the Court of King’s Bench under the Divorce Act (Canada) to make interim orders under subsections 15.1(2), 15.2(2), 16.1(2) and 16.5(2) of that Act.

56.93( 2) Subject to subsection (4), a Hearing Officer may exercise the jurisdiction of the Court of King’s Bench under the following provisions of the Child and Youth Well-Being Act:

(a) to determine the best interests of a child or youth under section 5;

(b) to waive the requirement that a child or youth appear under section 6;

( i) to make final orders under subsection (6), on the consent of the parents, with respect to matters set out in this subsection, and

( ii) to make interim orders under subparagraph (7)(b)(i), (ii) or (iii);

(d) to make orders under section 61, including, on the consent of the parties, orders that extend an order of a judge of the Court of King’s Bench;

(e) to grant adjournments under section 62;

(f) under section 65

( i) to make interim orders, or

( ii) to make final orders on the consent of the parties;

(g) to make interim orders under section 67;

(h) under section 68

( i) to make interim orders, or

( ii) to make final orders on the consent of the parties;

(i) to make interim orders under section 72;

(j) to consider the age of a child or youth under section 125;

(k) to appoint counsel or a responsible spokesperson under section 128;

(l) to make orders under section 130;

(m) to receive evidence and make determinations under section 131, 132 or 133;

(n) to make determinations under section 134;

(o) to make orders under section 135; and

(p) to grant applications under section 136.

56.93( 3) Subject to subsection (4), a Hearing Officer may exercise the jurisdiction of the Court of King’s Bench under the following provisions of the Family Services Act:

(a) to waive the requirement that a neglected or abused adult appear under subsection 36.1(5);

(b) to make interim orders under subsection 39(1), except for orders under paragraphs (b.1) and (c);

(c) to make orders under subsection 39(1) on the consent of the parties, except for orders under paragraphs (b.1) and (c);

(d) to make orders under subsection 39(5), (6) or (7), including, on the consent of the parties, orders that extend an order of a judge of the Court of King’s Bench; and

(e) to make orders under section 110.

56.93( 4) A Hearing Officer may not make an order referred to in subsection (2) or (3) that varies or sets aside an order of a judge of the Court of King’s Bench.

56.93( 5) A Hearing Officer may exercise the jurisdiction of the Court of King’s Bench under following provisions of the Family Law Act:

(a) to make interim orders under sections 11, 13, 17 and 19, paragraphs 21(2)(a), (b), (d) to (j), (l), (m) and (o) and sections 24, 29, 52, 57, 68, 69 and 70;

(b) to grant leaves under subsection 28(1) or section 56;

(d) to make orders under section 80.

56.93( 6) A Hearing Officer may exercise the jurisdiction of the Court of King’s Bench under the Support Enforcement Act to make orders under subsections 17(5), and 26(6), (7) and (8).

56.93( 7) A Hearing Officer may receive applications for emergency intervention orders and make emergency intervention orders under the Intimate Partner Violence Intervention Act.

56.93( 8) A Hearing Officer may exercise the jurisdiction of the Small Claims Court of New Brunswick under the Small Claims Act.

Immunity

56.94 A Hearing Officer has the same immunity from liability as a judge of the Court of King’s Bench.

Appeals

56.95( 1) A party may appeal an order or decision of a Hearing Officer pertaining to a matter referred to in subsection 56.93(1), (5) or (6) to the Family Division of the Court of King’s Bench in the judicial district where the matter was heard, with leave of that Division.

56.95( 2) A party may appeal an order or decision of a Hearing Officer pertaining to a matter referred to in subsection 56.93(2) in accordance with section 64 of the Child and Youth Well-Being Act, but a reference to The Court of Appeal of New Brunswick in that section shall be read as a reference to the Family Division of the Court of King’s Bench in the judicial district where the matter was heard.

56.95( 3) A party may appeal an order or decision of a Hearing Officer pertaining to a matter referred to in subsection 56.93(3) in accordance with sections 41 and 42 of the Family Services Act, but the reference to The Court of Appeal of New Brunswick in section 41 of that Act shall be read as a reference to the Family Division of the Court of King’s Bench in the judicial district where the matter was heard.

56.95( 4) A party may appeal an order or decision of a Hearing Officer in the exercise of the jurisdiction of the Small Claims Court of New Brunswick in accordance with the Small Claims Act and the regulations under that Act.

Complaints

56.96( 1) A person may make a complaint alleging misconduct by a Hearing Officer

(a) in accordance with subsection (2) if the complaint pertains to a matter referred to in subsection 56.93(1), (2), (3), (5), (6) or (7), or

(b) in accordance with the Small Claims Act if the complaint pertains to the exercise of the jurisdiction of the Small Claims Court of New Brunswick.

56.96( 2) A person may make a complaint referred to in paragraph (1)(a) by writing to the Chief Justice of the Court of King’s Bench who shall review the complaint and may dismiss it without further investigation if, in the Chief Justice’s opinion, it is frivolous or an abuse of process or concerns a minor matter to which an appropriate response has already been given.

56.96( 3) The Chief Justice shall notify the complainant and the Hearing Officer in writing of a dismissal under subsection (2), giving brief reasons for it.

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

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

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

56.96( 7) On receiving a report referred to in subsection (6), the Chief Justice may dismiss the complaint, with or without a finding that it is unfounded, or, if the Chief Justice concludes that the Hearing Officer’s conduct presents grounds for imposing a sanction, may

(a) reprimand the Hearing Officer,

(b) order the Hearing Officer to apologize to the complainant,

(d) remove the Hearing Officer from office.

56.96( 8) The Chief Justice shall notify the complainant and the Hearing Officer in writing of a dismissal under subsection (7), giving brief reasons for it.

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

(a) by the Hearing Officer, as of right, or

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

56.96( 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.

56.96( 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

56.97( 1) The Lieutenant-Governor in Council shall designate a Chief Hearing Officer for a term not exceeding ten years from among the Hearing Officers appointed under section 56.91.

56.97( 2) The Chief Hearing Officer shall be under the direction of the Chief Justice of the Court of King’s Bench and shall direct and supervise the assignment of duties to Hearing Officers.

56.97( 3) A Chief Hearing Officer is eligible to be redesignated.

56.97( 4) The term of office of a Chief Hearing Officer shall not exceed the term remaining in their term of office as a Hearing Officer.

56.97( 5) If the term of office of a Chief Hearing Officer expires and the Hearing Officer is not redesignated, the Hearing Officer may continue to act as a Hearing Officer for the term remaining in their term of office as a Hearing Officer.

3( 23) Subsection 73(2) of the Act is amended

(a) in paragraph (a) by striking out “Case Management Masters” and substituting “Hearing Officers”;

(b) in paragraph (b) of the English version by striking out “as he” and substituting “that the Lieutenant-Governor in Council”.

3( 24) Schedule C of the Act is repealed.

Regulation under the Judicature Act and the Provincial Offences Procedure Act

4( 1) Subrule .05 of Rule 1 of the Rules of Court of New Brunswick, “CITATION, APPLICATION AND INTERPRETATION”, New Brunswick Regulation 82-73 under the Judicature Act and the Provincial Offences Procedure Act, is amended by striking out “Master means a court official;”.

4( 2) Subrule .01 of Rule 4.1 of the Rules of Court, “TELEPHONE AND VIDEO CONFERENCES”, is amended in clause (c) of the definition “decision-maker” by striking out “Case Management Master” and substituting “Hearing Officer”.

4( 3) Rule 73 of the Rules of Court, “FAMILY DIVISION”, is amended

(a) in paragraph .09(1.1) of Rule 73 by striking out “Where subsection 38(2) or 52(3) of the Family Services Act applies” and substituting “Where subsection 38(2) of the Family Services Act or subsection 60(2) of the Child and Youth Well-Being Act applies”;

(b) in paragraph .17(1) of Rule 73 in the portion preceding clause (a) by striking out “under Part V of the Family Services Act” and substituting “under Part 6 of the Child and Youth Well-Being Act”.

4( 4) Rule 81 of the Rules of Court, “FAMILY LAW RULE IN THE JUDICIAL DISTRICTS WITH A CASE MANAGEMENT MODEL”, is amended

(a) in subrule .04 of Rule 81

( i) by repealing the definition “Case Management Master”;

( ii) by adding the following definition in alphabetical order:

Hearing Officer means a Hearing Officer appointed under section 56.91 of the Judicature Act;

(b) in paragraph .05(7) of Rule 81 by striking out “the Case Management Master” and substituting “a Hearing Officer”;

( i) in clause (10)(c) by striking out “Case Management Master” and substituting “Hearing Officer”;

( ii) in clause (10.1)(a) by striking out “Case Management Master” and substituting “Hearing Officer”;

(d) in paragraph .07(6) of Rule 81 by striking out “Case Management Master” and substituting “Hearing Officer”;

(e) in subrule .08 of Rule 81

( i) in paragraph (4) by striking out “the Case Management Master” and substituting “a Hearing Officer”;

( ii) in clause (5)(a) by striking out “the Case Management Master” and substituting “a Hearing Officer”;

( iii) in paragraph (7) by striking out “the Case Management Master” and substituting “a Hearing Officer”;

(f) in clause .09(1)(c) of Rule 81 by striking out “the Case Management Master” and substituting “a Hearing Officer”;

(g) in subrule .10 of Rule 81

( i) in clause (2)(a) by striking out “the Case Management Master” and substituting “a Hearing Officer”;

( ii) in paragraph (6) in the portion preceding clause (a) by striking out “Case Management Master” and substituting “Hearing Officer”;

( iii) in paragraph (8) in the portion preceding clause (a) by striking out “Case Management Master” and substituting “Hearing Officer”;

(h) in paragraph .11(3) of Rule 81 by striking out “the Case Management Master” and substituting “a Hearing Officer”;

(i) in subrule .12 of Rule 81

( i) in paragraph (9) by striking out “the Case Management Master” and substituting “a Hearing Officer”;

( ii) in paragraph (10) by striking out “the Case Management Master” wherever it appears and substituting “a Hearing Officer”;

( iii) in paragraph (11) by striking out “Case Management Master” and substituting “Hearing Officer”;

( iv) in paragraph (12)

( A) in clause (b) by striking out “Case Management Master” and substituting “Hearing Officer”;

( B) in clause (c) by striking out “Case Management Master” and substituting “Hearing Officer”;

( v) in paragraph (13) by striking out “Case Management Master” and substituting “Hearing Officer”;

( vi) in paragraph (21) in the portion preceding clause (a) by striking out “The Case Management Master may refuse” and “The Case Management Master may” and substituting “A Hearing Officer may refuse” and “The Hearing Officer may”, respectively;

(j) in the heading “Appeal of Case Management Master’s Order or Decision” preceding paragraph .22(1) of Rule 81 by striking out “Case Management Master’s” and substituting “Hearing Officer’s”;

(k) in paragraph .22(1) of Rule 81 by striking out “the Case Management Master” and substituting “a Hearing Officer”.

4( 5) Form 73A of the Appendix of Forms to the Rules of Court is amended by striking out “under Part 4 of the Family Services Act” and substituting “under Part 5 of the Child and Youth Well-Being Act”.

4( 6) Form 81E of the Appendix of Forms to the Rules of Court is amended by striking out “(Case Management Master)” and substituting “(Hearing Officer)”.

4( 7) Form 81L of the Appendix of Forms to the Rules of Court is amended by striking out “Case Management Master” and substituting “Hearing Officer”.

Small Claims Act

5( 1) Section 1 of the Small Claims Act, chapter 15 of the Acts of New Brunswick, 2012, is amended

(a) by repealing the definition “adjudicator”;

(b) in the definition “court” by striking out “an adjudicator” and substituting “a Hearing Officer”;

“Hearing Officer” means a Hearing Officer appointed under section 56.91 of the Judicature Act. (agent d’audience)

5( 2) Subsection 11(4) of the Act is amended by striking out “adjudicator” and substituting “Hearing Officer”.

5( 3) Section 13 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “An adjudicator” and “the adjudicator” and substituting “A Hearing Officer” and “the Hearing Officer”, respectively;

(b) in subsection (2) by striking out “adjudicators” and substituting “Hearing Officers”;

(c) in subsection (4) by striking out “an adjudicator” and “the adjudicator” and substituting “a Hearing Officer” and “the Hearing Officer”, respectively;

(d) in subsection (6) by striking out “adjudicator” wherever it appears and substituting “Hearing Officer”.

5( 4) Section 14 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “an adjudicator” and substituting “a Hearing Officer”;

( ii) in paragraph (c) by striking out “adjudicator” and substituting “Hearing Officer”;

(b) in subsection (2) by striking out “adjudicator” wherever it appears and substituting “Hearing Officer”.

5( 5) The heading “Adjudicators” preceding section 18 of the Act is repealed and the following is substituted:

Hearing Officers

5( 6) Section 18 of the Act is amended

(a) by repealing subsection (1);

(b) by repealing subsection (2);

(d) by repealing subsection (4);

(e) by repealing subsection (5);

(f) by repealing subsection (6);

(g) by repealing subsection (7);

(h) in subsection (8) by striking out “An Adjudicator” and substituting “A Hearing Officer”;

(i) in subsection (9) by striking out “An Adjudicator” and substituting “A Hearing Officer”.

5( 7) The heading “Immunity of adjudicators” preceding section 19 of the Act is repealed.

5( 8) Section 19 of the Act is repealed.

5( 9) Section 20 of the Act is amended by striking out “an adjudicator” and substituting “a Hearing Officer”.

5( 10) Section 23 of the Act is amended

(a) in subsection (1) in the definition “misconduct”

( i) in paragraph (a) by striking out “an adjudicator” and substituting “a Hearing Officer”;

( ii) in paragraph (b) by striking out “an adjudicator” and substituting “a Hearing Officer”;

( iii) in paragraph (c) by striking out “an adjudicator to perform his or her” and substituting “a Hearing Officer to perform the Hearing Officer’s”;

( iv) in paragraph (d) by striking out “an adjudicator” and substituting “a Hearing Officer”;

(b) in subsection (2) by striking out “an adjudicator” and substituting “a Hearing Officer”;

( i) in paragraph (b) by striking out “adjudicator” and substituting “Hearing Officer”;

( ii) in paragraph (d) by striking out “adjudicator” and substituting “Hearing Officer”.

5( 11) Section 24 of the Act is amended

(a) in paragraph (1)(b) by striking out “adjudicator” wherever it appears and substituting “Hearing Officer”;

(b) in subsection (2) by striking out “adjudicator” and substituting “Hearing Officer”;

(c) in subsection (4) by striking out “an adjudicator” and “the adjudicator” and substituting “a Hearing Officer” and “the Hearing Officer”, respectively.

5( 12) Section 25 of the Act is amended

(a) in paragraph (1)(a) by striking out “adjudicator” and substituting “Hearing Officer”;

(b) in subsection (2) by striking out “adjudicator” and substituting “Hearing Officer”;

5( 13) Section 26 of the Act is amended

(a) in paragraph (1)(b) by striking out “an adjudicator” and substituting “a Hearing Officer”;

(b) in subsection (4) by striking out “an adjudicator” and “judge, adjudicator” and substituting “a Hearing Officer” and “judge, Hearing Officer”, respectively;

5( 14) Section 28 of the Act is amended

(a) in subsection (2) by striking out “adjudicator” and substituting “Hearing Officer”;

(b) in subsection (5) by striking out “adjudicator” wherever it appears and substituting “Hearing Officer”.

5( 15) Section 29 of the Act is amended

(a) in paragraph (1)(b) by striking out “adjudicator” and substituting “Hearing Officer”;

(b) in paragraph (2)(a) by striking out “adjudicator” and substituting “Hearing Officer”;

( i) in the portion preceding paragraph (a) by striking out “adjudicator” and substituting “Hearing Officer”;

( ii) in paragraph (a) of the English version by striking out “adjudicator” and substituting “Hearing Officer”;

( iii) in paragraph (b) of the English version by striking out “adjudicator” and substituting “Hearing Officer”;

(d) in paragraph (4)(b) by striking out “adjudicator” and substituting “Hearing Officer”.

5( 16) The heading “Revocation of appointment of adjudicator” preceding section 30 of the Act is amended by striking out “adjudicator” and substituting “Hearing Officer”.

5( 17) Section 30 of the Act is amended

(a) in subsection (1) by striking out “an adjudicator” and “the adjudicator’s” and substituting “a Hearing Officer” and “the Hearing Officer’s”, respectively;

(b) in subsection (2) of the English version by striking out “an adjudicator” and substituting “a Hearing Officer”.

5( 18) Paragraph 38(m) of the Act is amended by striking out “adjudicators” and substituting “Hearing Officers”.

Regulation under the Small Claims Act

6 New Brunswick Regulation 2012-103 under the Small Claims Act is amended

(a) in section 21

( i) in subsection (3) by striking out “an adjudicator” and substituting “a Hearing Officer”;

( ii) in subsection (7) by striking out “adjudicator” and substituting “Hearing Officer”;

( iii) in subsection (8) in the portion preceding paragraph (a) by striking out “an adjudicator” and “the adjudicator” and substituting “a Hearing Officer” and “the Hearing Officer”, respectively;

(b) in section 23

( i) in subsection (3) by striking out “adjudicator” wherever it appears and substituting “Hearing Officer”;

( ii) in subsection (4) by striking out “an adjudicator” and substituting “a Hearing Officer”;

( iii) in subsection (6) by striking out “an adjudicator” and substituting “a Hearing Officer”;

(d) in paragraph 27(c) by striking out “adjudicator” and substituting “Hearing Officer”;

(e) in the heading “Adjudicator to ask parties about discussing settlement” preceding section 31 by striking out “Adjudicator” and substituting “Hearing Officer”;

(f) in section 31 by striking out “an adjudicator” and substituting “a Hearing Officer”;

(g) in subsection 32(2) by striking out “An adjudicator” and “the adjudicator” and substituting “A Hearing Officer” and “the Hearing Officer”, respectively;

(h) in subsection 33(4) by striking out “An adjudicator” and “the adjudicator” and substituting “A Hearing Officer” and “the Hearing Officer”, respectively;

(i) in section 34

( i) in subsection (1) by striking out “An adjudicator” and substituting “A Hearing Officer”;

( ii) in subsection (2) by striking out “an adjudicator” and “the adjudicator” and substituting “a Hearing Officer” and “the Hearing Officer”, respectively;

( iii) in subsection (3)

( A) in the portion preceding paragraph (a) by striking out “An adjudicator” and substituting “A Hearing Officer”;

( B) in paragraph (b) of the English version by striking out “adjudicator” and substituting “Hearing Officer”;

( C) in paragraph (d) of the English version by striking out “adjudicator” and substituting “Hearing Officer”;

( iv) in subsection (4) by striking out “an adjudicator” and substituting “a Hearing Officer”;

( v) in subsection (5) by striking out “adjudicator” and substituting “Hearing Officer”;

(j) in section 35

( i) in subsection (1) in the portion preceding paragraph (a) by striking out “adjudicator” and substituting “Hearing Officer”;

( ii) in subsection (2) in the portion preceding paragraph (a) by striking out “adjudicator” and substituting “Hearing Officer”;

( iii) in subsection (3) in the portion preceding paragraph (a) by striking out “adjudicator” and substituting “Hearing Officer”;

( iv) in subsection (4) by striking out “an adjudicator” and substituting “a Hearing Officer”;

( v) in subsection (5) by striking out “adjudicator” and substituting “Hearing Officer”;

(k) in the heading “Decision of adjudicator” preceding section 36 by striking out “adjudicator” and substituting “Hearing Officer”;

(l) in section 36

( i) in subsection (1) in the portion preceding paragraph (a) by striking out “adjudicator” and substituting “Hearing Officer”;

( ii) in subsection (2) by striking out “adjudicator” and substituting “Hearing Officer”;

( iii) in subsection (3) by striking out “adjudicator” and substituting “Hearing Officer”;

(m) in section 37

( i) in subsection (1) by striking out “an adjudicator” and substituting “a Hearing Officer”;

( ii) in subsection (2) by striking out “adjudicator” and substituting “Hearing Officer”;

( iii) in subsection (3) by striking out “adjudicator’s” and substituting “Hearing Officer’s”;

(n) in section 38

( i) in subsection (3) in the portion preceding paragraph (a) by striking out “adjudicator” wherever it appears and substituting “Hearing Officer”;

( ii) in subsection (4) by striking out “adjudicator” and substituting “Hearing Officer”;

(o) in section 39

( i) in subsection (1) by striking out “an adjudicator” and substituting “a Hearing Officer”;

( ii) in subsection (2) by striking out “adjudicator’s” and substituting “Hearing Officer’s”;

(p) in section 42

( i) in subsection (1) by striking out “an adjudicator” and substituting “a Hearing Officer”;

( ii) in subsection (2) by striking out “adjudicator’s” and substituting “Hearing Officer’s”;

(q) in subsection 58(2) by striking out “An adjudicator” and substituting “A Hearing Officer”;

(r) in section 59

( i) in subsection (4) by striking out “an adjudicator” and substituting “a Hearing Officer”;

( ii) in subsection (5) by striking out “the adjudicator” and “an adjudicator” and substituting “the Hearing Officer” and “a Hearing Officer”, respectively;

(s) in the heading “Incapacity of adjudicator” preceding section 63 by striking out “adjudicator” and substituting “Hearing Officer”;

(t) in section 63

( i) in subsection (1) by striking out “an adjudicator” and “another adjudicator” and substituting “a Hearing Officer” and “another Hearing Officer”, respectively;

( ii) in subsection (2) in the portion preceding paragraph (a) by striking out “An adjudicator” and substituting “A Hearing Officer”;

(u) in subsection 66(2) by striking out “an adjudicator” and substituting “a Hearing Officer”;

(v) in the heading “Certificate of adjudicator” preceding section 68 by striking out “adjudicator” and substituting “Hearing Officer”;

(w) in section 68 by striking out “adjudicator” and substituting “Hearing Officer”;

(x) in subsection 73(2) in the portion preceding paragraph (a) by striking out “An adjudicator” and “the adjudicator” and substituting “A Hearing Officer” and “the Hearing Officer”, respectively;

(y) in Form 5A “NOTICE OF WITHDRAWAL BY CLAIMANT” by striking out “Signature of Adjudicator” and substituting “Signature of Hearing Officer”;

(z) in Form 5B “NOTICE OF WITHDRAWAL BY DEFENDANT” by striking out “Signature of Adjudicator” and substituting “Signature of Hearing Officer”;

(aa) in Form 11 “NOTICE OF HEARING” by striking out “adjudicator” and substituting “Hearing Officer”;

(bb) in Form 14 “JUDGMENT” by striking out “adjudicator” and substituting “Hearing Officer” and by striking out “adjudicator’s” wherever it appears and substituting “Hearing Officer’s”;

(cc) in Form 16 “REQUEST FOR APPEAL BY WAY OF A NEW HEARING” by striking out “, adjudicator” and “adjudicator’s” and substituting “____________, Hearing Officer” and “Hearing Officer’s”, respectively;

(dd) in Form 16A “NOTICE OF NEW HEARING” by striking out “adjudicator” and substituting “Hearing Officer”;

(ee) in Form 17 “NOTICE OF APPEAL BY APPLICATION” by striking out “adjudicator” wherever it appears and substituting “Hearing Officer”;

(ff) in the Form 20 “AFFIDAVIT OF SERVICE” by striking out “adjudicator” and substituting “Hearing Officer”;

(gg) in Form 23 “APPLICATION FOR ORDER BY SMALL CLAIMS COURT” by striking out “an adjudicator” and substituting “a Hearing Officer”;

(hh) in Form 24 “WARRANT TO APPREHEND” by striking out “other adjudicator” and “Adjudicator” and substituting “other Hearing Officer” and “Hearing Officer”, respectively;

(ii) in Form 25A “CERTIFICATE OF ADJUDICATOR” by striking out “CERTIFICATE OF ADJUDICATOR”, “adjudicator” and “Adjudicator” and substituting “CERTIFICATE OF HEARING OFFICER”, “Hearing Officer” and “Hearing Officer”, respectively;

(jj) in Form 25B “CERTIFICATE OF ADJUDICATOR” by striking out “CERTIFICATE OF ADJUDICATOR”, “an adjudicator” and “Adjudicator” and substituting “CERTIFICATE OF HEARING OFFICER”, “a Hearing Officer” and “Hearing Officer”, respectively;

(kk) in Form 26B “MEMORANDUM OF SATISFACTION OF JUDGMENT (By Application)” by striking out “Adjudicator” and substituting “Hearing Officer”.

Support Enforcement Act

7( 1) Section 1 of the Support Enforcement Act, chapter S-15.5 of the Acts of New Brunswick, 2005, is amended by adding the following definition in alphabetical order:

“Hearing Officer” means a Hearing Officer appointed under section 56.91 of the Judicature Act. (agent d’audience)

7( 2) Section 31 of the Act is amended

(a) in paragraph (1)(b) in the portion preceding subparagraph (i) by striking out “Case Management Master appointed under section 56.1 of the Judicature Act,” and substituting “Hearing Officer”;

(b) in subsection (3.1) by striking out “Case Management Master” and substituting “Hearing Officer”;

(c) in subsection (4) in the portion preceding paragraph (a) by striking out “Case Management Master” and substituting “Hearing Officer”.

Regulation under the Support Enforcement Act

8 New Brunswick Regulation 2008-15 under the Support Enforcement Act is amended in Form 13 “CERTIFICATE” by striking out “(or Case Management Master)” and substituting “(or Hearing Officer)”.

Transitional – deemed appointments as Hearing Officers

9( 1) A person who held office as a Case Management Master immediately before the commencement of this section who was appointed under section 56.1 of the Judicature Act as it read immediately before the commencement of this section shall be deemed to hold office as a Hearing Officer appointed under subsection 56.91(1) of the Judicature Act.

9( 2) A person who held office as an Emergency Adjudicative Officer immediately before the commencement of this section who was appointed under section 56.5 of the Judicature Act as it read immediately before the commencement of this section shall be deemed to hold office as a Hearing Officer appointed under subsection 56.91(1) of the Judicature Act.

9( 3) A person who held office as an adjudicator as an employee of the Department of Justice and Public Safety immediately before the commencement of this section who was appointed under section 18 of the Small Claims Act as it read immediately before the commencement of this section shall be deemed to hold office as a Hearing Officer appointed under subsection 56.91(1) of the Judicature Act.

9( 4) The person who held office as the Chief Hearing Officer immediately before the commencement of this section who was designated under section 56.9 of the Judicature Act as it read immediately before the commencement of this section shall be deemed to hold office as the Chief Hearing Officer designated under section 56.97 of the Judicature Act.

Transitional – revocation of appointment of adjudicators not employed with Department of Justice and Public Safety

10( 1) The appointment of any person who was not an employee of the Department of Justice and Public Safety who held office as an adjudicator immediately before the commencement of this section who was appointed under section 18 of the Small Claims Act as it read immediately before the commencement of this section is revoked.

10( 2) All contracts, agreements and orders relating to the allowance and expenses to be paid to an adjudicator whose appointment is revoked under subsection (1) are null and void.

10( 3) Despite the provisions of any contract, agreement or order, no remuneration or expenses shall be paid to an adjudicator whose appointment is revoked under subsection (1).

10( 4) No action, application or other proceeding lies or shall be instituted against the Minister of Justice or the Crown in right of the Province as a result of the revocation of appointments under subsection (1).

Commencement

11( 1) Subject to subsection (2), this Act or any provision of it comes into force on a day or days to be fixed by proclamation.

11( 2) Subsections 4(3) and (5) of this Act come into force on Royal Assent.