BILL 9

An Act to Amend the Judicature Act

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

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

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

2( 3) The Court of King’s Bench consists of

(a)  the Chief Justice of the Court of King’s Bench,

(b)  up to 25 other judges,

(c)  any former judge of the Court of King’s Bench who is a supernumerary judge, and

(d)  any former Chief Justice of the Court of King’s Bench who is a judge or a supernumerary judge.

(b)  in subsection (3.1) by striking out “under subsection (3)” and substituting “under paragraph (3)(b)”;

(c)  by adding after subsection (3.1) the following:

2( 3.2) For the purposes of subsections (3.3) and (3.4), “maximum number of judges” means the number set out in paragraph (3)(b) or a number set by proclamation under subsection (3.3) or (3.4).

2( 3.3) Despite subsection (3), the Lieutenant-Governor in Council may, by proclamation, increase the maximum number of judges.

2( 3.4) Despite subsection (3), the Lieutenant-Governor in Council may, by proclamation, decrease the maximum number of judges only if

(a)  there is a vacancy in an office of judge established under paragraph (3)(b), and

(b)  the resulting number is not less than the number of judges who hold the office of judge established under paragraph (3)(b).

(d)  by repealing subsection (4.1) and substituting the following:

2( 4.1) Of the judges of the Court of King’s Bench, at least 11 shall be judges of the Family Division.

(e)  in subsection (5) by striking out “subsections (2) and (3)” and substituting “subsection (2) and paragraph (3)(b)”;

(f)  in subsection (6) by striking out “subsections (2) and (3)” and substituting “subsection (2) and paragraph (3)(a)”.

2 This Act comes into force on a day to be fixed by proclamation.