Bill 25 - An Act Respecting Subordinate Judicial Officials

BILL 25

An Act Respecting Subordinate Judicial Officials

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 “Hearing Officer”;

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

“adjudicator” means a person appointed as an adjudicator under section 56.91 of the Judicature Act. (adjudicateur)

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

1( 3) Section 4 of the Act is amended

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

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

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

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

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

1( 4) Subsection 5(1) of the Act is amended by striking out “A Hearing Officer” and substituting “An adjudicator”.

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

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

1( 7) Section 8 of the Act is amended

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

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

1( 8) Paragraph 9(2)(a) of the Act is amended by striking out “a Hearing Officer” and substituting “an adjudicator”.

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 “a Hearing Officer” and substituting “an adjudicator”;

(b) in subsection 3(1) in the portion preceding paragraph (a) by striking out “Hearing Officer” and substituting “adjudicator”;

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

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

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

(e) in section 6

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

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

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

(g) in section 7

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

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

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

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

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

Judicature Act

3( 1) The heading “HEARING OFFICERS” preceding section 56.91 of the Judicature Act, Chapter J-2 of the Revised Statutes, 1973, is repealed and the following is substituted:

ADJUDICATORS

3( 2) Section 56.91 of the Act is amended

(a) in subsection (1) by striking out “Hearing Officers” and substituting “adjudicators”;

(b) in subsection (2) by striking out “A Hearing Officer” and “Hearing Officer’s” and substituting “An adjudicator” and “adjudicator’s”, respectively;

(d) in subsection (5) by striking out “A Hearing Officer” and substituting “An adjudicator”.

3( 3) Section 56.92 of the Act is amended

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

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

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

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

3( 4) The heading “Questions relevant de la compétence de l’agent d’audience” preceding section 56.93 of the French version of the Act is amended by striking out “agent d’audience” and substituting “adjudicateur”.

3( 5) Section 56.93 of the Act is amended

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

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

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

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

(e) in subsection (5) in the portion preceding paragraph (a) by striking out “A Hearing Officer” and substituting “An adjudicator”;

(f) in subsection (6) by striking out “A Hearing Officer” and substituting “An adjudicator”;

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

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

3( 6) Section 56.94 of the Act is amended by striking out “A Hearing Officer” and substituting “An adjudicator”.

3( 7) Section 56.95 of the Act is amended

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

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

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

3( 8) Section 56.96 of the Act is amended

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

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

(d) in subsection (7)

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

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

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

( iv) in paragraph (c) of the English version by striking out “Hearing Officer” wherever it appears and substituting “adjudicator”;

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

(e) in subsection (8) by striking out “Hearing Officer” and substituting “adjudicator”;

(f) in paragraph (9)(a) by striking out “Hearing Officer” and substituting “adjudicator”.

3( 9) The heading “CHIEF HEARING OFFICER” preceding section 56.97 of the Act is repealed and the following is substituted:

SENIOR ADJUDICATOR

3( 10) Section 56.97 of the Act is amended

(a) in subsection (1) by striking out “Chief Hearing Officer” and “Hearing Officers” and substituting “senior adjudicator” and “adjudicators”, respectively;

(b) in subsection (2) by striking out “Chief Hearing Officer” and “Hearing Officers” and substituting “senior adjudicator” and “adjudicators”, respectively;

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

(e) by repealing subsection (5) and substituting the following:

56.97( 5) If the term of office of a senior adjudicator ends and the person is not redesignated, they may continue to act as an adjudicator for the term remaining in their term of office as an adjudicator.

3( 11) Paragraph 73(2)(a) of the Act is amended by striking out “Hearing Officers” and substituting “adjudicators”.

Regulation under the Judicature Act and the Provincial Offences Procedure Act

4( 1) Subrule .01 of Rule 4.1 of the Rules of Court, “TELEPHONE AND VIDEO CONFERENCES”, New Brunswick Regulation 82-73 under the Judicature Act and the Provincial Offences Procedure Act, is amended in clause (c) of the definition “decision-maker” by striking out “a Hearing Officer” and substituting “an adjudicator”.

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

(a) in clause .04(1)(b) of Rule 73 by striking out “Hearing Officer” and substituting “adjudicator”;

(b) in paragraph .07(2.1) of Rule 73 by striking out “A Hearing Officer” and substituting “An adjudicator”;

(d) in subrule .09 of Rule 73

( i) in paragraph (1.1) by striking out “Hearing Officer” and substituting “adjudicator”;

( ii) in paragraph (3) by striking out “Hearing Officer” and substituting “adjudicator”;

(e) in subrule .11 of Rule 73

( i) in paragraph (3) by striking out “Hearing Officer” and “Hearing Officer’s” and substituting “adjudicator” and “adjudicator’s”, respectively;

( ii) in paragraph (6) by striking out “hardship the judge or Hearing Officer” and substituting “hardship, the judge or adjudicator”;

(f) in subrule .12 of Rule 73

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

( ii) in paragraph (3) of the English version in the portion preceding clause (a) by striking out “Hearing Officer” and substituting “adjudicator”;

(g) in subrule .14 of Rule 73

( i) in paragraph (1.1) by striking out “a Hearing Officer” and substituting “an adjudicator”;

( ii) in paragraph (2) by striking out “Hearing Officer” wherever it appears and substituting “adjudicator”;

(h) in paragraph .15(1.1) of Rule 73 by striking out “Hearing Officer” wherever it appears and substituting “adjudicator”;

(i) in subrule .21 of Rule 73

( i) in clause (4)(b) by striking out “Hearing Officer” and substituting “adjudicator”;

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

(j) in the heading “Hearing Officers – Jurisdiction in Proceedings under Part 5 of the Child and Youth Well-Being Act” preceding subrule .22 of Rule 73 by striking out “Hearing Officers” and substituting “Adjudicators”;

(k) in subrule .22 of Rule 73

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

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

( iii) in paragraph (3) by striking out “A Hearing Officer” and “the Hearing Officer” and substituting “An adjudicator” and “the adjudicator”, respectively;

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

(l) in the heading “Appeal of Hearing Officer’s Order or Decision” preceding subrule .23 of Rule 73 by striking out “Hearing Officer’s” and substituting “Adjudicator’s”;

(m) in subrule .23 of Rule 73

( i) in paragraph (1) by striking out “decision of a Hearing Officer” and “Decision of a Hearing Officer” and substituting “decision of an adjudicator” and “Decision of an Adjudicator”, respectively;

( ii) in clause (2)(b) by striking out “a Hearing Officer” and substituting “an Adjudicator”.

4( 3) 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 “Hearing Officer”;

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

adjudicator means an adjudicator appointed under section 56.91 of the Judicature Act;

(b) in paragraph .05(7) of Rule 81 by striking out “a Hearing Officer” and substituting “an adjudicator”;

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

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

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

(e) in subrule .08 of Rule 81

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

( ii) in clause (5)(a) by striking out “a Hearing Officer” and substituting “an adjudicator”;

( iii) in paragraph (7) by striking out “a Hearing Officer” and substituting “an adjudicator”;

(f) in clause .09(1)(c) of Rule 81 by striking out “a Hearing Officer” and substituting “an adjudicator”;

(g) in subrule .10 of Rule 81

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

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

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

(h) in paragraph .11(3) of Rule 81 by striking out “a Hearing Officer” and substituting “an adjudicator”;

(i) in subrule .12 of Rule 81

( i) in paragraph (9) by striking out “a Hearing Officer” and substituting “an adjudicator”;

( ii) in paragraph (10) by striking out “a Hearing Officer” wherever it appears and substituting “an adjudicator”;

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

( iv) in paragraph (12)

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

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

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

( vi) in paragraph (21) in the portion preceding clause (a) by striking out “A Hearing Officer” wherever it appears and substituting “An adjudicator”;

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

(k) in subrule .22 of Rule 81

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

( ii) in paragraph (2) by striking out “a Hearing Officer” and substituting “an Adjudicator”;

( iii) in clause (3)(b) by striking out “a Hearing Officer” and substituting “an Adjudicator”.

4( 4) Form 73I of the Appendix of Forms to the Rules of Court is amended

(a) in the heading “NOTICE OF MOTION TO APPEAL AN ORDER OR DECISION OF A HEARING OFFICER (Family Division)” by striking out “A HEARING OFFICER” and substituting “AN ADJUDICATOR”;

(b) in the heading “NOTICE OF MOTION TO APPEAL AN ORDER OR DECISION OF A HEARING OFFICER (FORM 73I)” by striking out “A HEARING OFFICER” and substituting “AN ADJUDICATOR”;

(c) in the portion preceding “The hearing will be held on the” by striking out “Hearing Officer” and substituting “adjudicator”.

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

4( 6) Form 81L of the Appendix of Forms to the Rules of Court is amended

(a) in the heading “NOTICE OF MOTION TO APPEAL AN ORDER OR DECISION OF A HEARING OFFICER” by striking out “A HEARING OFFICER” and substituting “AN ADJUDICATOR”;

(b) in the heading “NOTICE OF MOTION TO APPEAL AN ORDER OR DECISION OF A HEARING OFFICER (FORM 81L)” by striking out “A HEARING OFFICER” and substituting “AN ADJUDICATOR”;

(c) in the portion preceding “The grounds of appeal are as follows” by striking out “Hearing Officer” and substituting “adjudicator”.

Justices of the Peace Act

5( 1) The heading “Designation of chief justice of the peace” preceding section 10 of the Justices of the Peace Act, chapter 19 of the Acts of New Brunswick, 2024, is amended by striking out “chief justice of the peace” and substituting “senior justice of the peace”.

5( 2) Section 10 of the Act is amended

(a) in subsection (1) by striking out “chief justice of the peace” and substituting “senior justice of the peace”;

(b) in subsection (2) by striking out “chief justice of the peace” and substituting “senior justice of the peace”;

(d) in subsection (4) by striking out “chief justice of the peace” and substituting “senior justice of the peace”;

(e) in subsection (5) by striking out “chief justice of the peace” and substituting “senior justice of the peace”.

Small Claims Act

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

(a) by repealing the definition “Hearing Officer”;

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

“adjudicator” means an adjudicator appointed under section 56.91 of the Judicature Act. (adjudicateur)

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

6( 3) Section 13 of the Act is amended

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

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

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

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

6( 4) Section 14 of the Act is amended

(a) in subsection (1)

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

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

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

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

Adjudicators

6( 6) Section 18 of the Act is amended

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

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

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

6( 8) Section 23 of the Act is amended

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

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

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

( iii) in paragraph (c) by striking out “a Hearing Officer” and “Hearing Officer’s” and substituting “an adjudicator” and “adjudicator’s”, respectively;

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

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

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

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

6( 9) Section 24 of the Act is amended

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

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

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

6( 10) Section 25 of the Act is amended

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

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

6( 11) Section 26 of the Act is amended

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

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

6( 12) Section 28 of the Act is amended

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

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

6( 13) Section 29 of the Act is amended

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

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

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

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

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

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

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

6( 15) Section 30 of the Act is amended

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

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

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

Regulation under the Small Claims Act

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

(a) in section 21

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

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

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

(b) in section 23

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

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

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

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

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

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

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

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

(i) in section 34

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

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

( iii) in subsection (3)

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

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

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

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

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

(j) in section 35

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

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

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

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

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

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

(l) in section 36

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

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

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

(m) in section 37

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

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

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

(n) in section 38

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

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

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

(p) in section 59

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

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

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

(r) in section 63

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

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

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

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

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

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

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

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

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

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

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

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

(cc) in Form 24 “WARRANT TO APPREHEND” by striking out “Hearing Officer” wherever it appears and substituting “adjudicator”;

(dd) in Form 25A “CERTIFICATE OF HEARING OFFICER”

( i) by striking out “CERTIFICATE OF HEARING OFFICER” and substituting “CERTIFICATE OF ADJUDICATOR”;

( ii) by striking out “Hearing Officer” wherever it appears and substituting “adjudicator”;

(ee) in Form 25B “CERTIFICATE OF HEARING OFFICER”

( i) by striking out “CERTIFICATE OF HEARING OFFICER” and substituting “CERTIFICATE OF ADJUDICATOR”;

( ii) by striking out “a Hearing Officer” and “Hearing Officer of” and substituting “an adjudicator” and “adjudicator of”, respectively;

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

Support Enforcement Act

8( 1) Section 1 of the Support Enforcement Act, chapter S-15.5 of the Acts of New Brunswick, 2005, is amended

(a) by repealing the definition “Hearing Officer”;

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

“adjudicator” means a person appointed as an adjudicator under section 56.91 of the Judicature Act. (adjudicateur)

8( 2) Section 31 of the Act is amended

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

(b) in subsection (3.1) by striking out “a Hearing Officer” and substituting “an adjudicator”;

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

Regulation under the Support Enforcement Act

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

Transitional provisions – deemed appointments as adjudicator, senior adjudicator and senior justice of the peace

10( 1) A person who held office as a Hearing Officer immediately before the commencement of this section who was appointed under subsection 56.91(1) of the Judicature Act as it read immediately before the commencement of this section is deemed to hold office as an adjudicator appointed under that subsection.

10( 2) The person who held office as the Chief Hearing Officer immediately before the commencement of this section who was designated under subsection 56.97(1) of the Judicature Act as it read immediately before the commencement of this section is deemed to hold office as the senior adjudicator designated under that subsection.

10( 3) The person who held office as the chief justice of the peace immediately before the commencement of this section who was designated under subsection 10(1) of the Justices of the Peace Act as it read immediately before the commencement of this section is deemed to hold office as the senior justice of the peace designated under that subsection.