BILL 27

An Act to Amend the Provincial Court Act

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

1 Section 7.1 of the Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is amended

(a)  by repealing subsection (1) and substituting the following:

7.1( 1) The Lieutenant-Governor in Council shall establish a panel consisting of the names of judges who have retired or resigned under this Act, who have given to the chief judge notice of their desire to perform judicial duties and who have not reached the age of 80 years.

(b)  by adding after subsection (1) the following:

7.1( 1.1) A judge who has retired or resigned and who desires to perform judicial duties shall, within 90 days after the date of their retirement or resignation, as the case may be, give to the chief judge notice of their desire to perform judicial duties.

7.1( 1.2) A judge who has retired or resigned before the commencement of this subsection, who has not reached the age of 80 years and who desires to perform judicial duties shall give to the chief judge notice of their desire to perform judicial duties and file with the chief judge a medical certificate stating that they are physically and mentally fit to perform judicial duties.

7.1( 1.3) A person whose name is entered on the panel established under subsection (1) and who has reached the age of 75 years shall file with the chief judge each year on or before the anniversary of the date on which the person’s name was entered on the panel a medical certificate stating that they are physically and mentally fit to perform judicial duties.

(c)  in subsection (2) by striking out “a person from the panel” and substituting “a person whose name is entered on the panel”.

2 The heading “Radiation des juges à la retraite ou démissionaires du tableau” preceding section 7.2 of the French version of the Act is repealed and the following is substituted:

Radiation du tableau des juges à la retraite ou démissionaires

3 Section 7.2 of the Act is amended

(a)  in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “a person” and substituting “the name of a person”;

( ii) in paragraph (b) by striking out “seventy-five” and substituting “80”;

(b)  in subsection (2) by striking out “Where a person submits a written request to be removed from the panel established under subsection 7.1(1), the person” and substituting “If a person submits a written request to have their name removed from the panel established under subsection 7.1(1), their name”;

(c)  in subsection (3) by striking out “a person who is on the panel” and substituting “a person whose name is entered on the panel”.

4 Section 10 of the Act is amended

(a)  by repealing subsection (2) and substituting the following:

10( 2) When the chief judge considers it appropriate, the chief judge may require a judge or a person whose name is entered on the panel established under subsection 7.1(1) to produce a medical certificate, including a medical certificate for physical fitness or mental fitness, or both.

(b)  in subsection (3) of the French version by striking out “fournisse un certificat médical, y compris un certificat médical portant sur ses aptitudes physiques ou mentales” and substituting “produise un certificat médical, y compris un certificat médical portant sur sa capacité physique ou sa capacité mentale”.

5 Section 13 of the Act is amended

(a)  in subsection (1) by striking out “and a person who is on the panel established under subsection 7.1(1)”;

(b)  by adding after subsection (1) the following:

13( 1.01) A person whose name is entered on the panel established under subsection 7.1(1) is not required to devote their whole time to the performance of their duties as a judge.

(c)  in subsection (1.1) by striking out “A judge, including a person who is on the panel established under subsection 7.1(1),” and substituting “A judge or a person whose name is entered on the panel established under subsection 7.1(1)”.

6 Paragraph 23(1)(k.01) of the Act is amended by striking out “the chief judge or associate chief judge or a judge” and substituting “a judge, a person whose name is entered on the panel established under subsection 7.1(1), the chief judge or the associate chief judge”.

SAVING PROVISIONS AND
COMMENCEMENT

Person deemed to be selected by chief judge

7 Any person who, from April 11, 2003, to the date of the enactment of this section, both dates inclusive, performed judicial duties after having retired or resigned and given notice to the chief judge of their desire to perform judicial duties and before having reached the age of 75 years is deemed to have been selected by the chief judge under subsection 7.1(2) of the Provincial Court Act.

Validating, confirming and ratifying actions

8( 1) Any act or thing done from April 11, 2003, to the date of the enactment of this section, both dates inclusive, by a person referred to in section 7 of this Act in the exercise or performance or intended exercise or performance of any right, power, duty, function, responsibility or authority related to their judicial duties

(a)  is deemed to have been done by a person validly selected to exercise or perform the right, power, duty, function, responsibility or authority,

(b)  is deemed to constitute a valid exercise or performance of the right, power, duty, function, responsibility or authority, and

(c)  is confirmed and ratified.

8( 2) Nothing in paragraph (1)(a) or (b) shall be taken as providing any indication that any right, power, duty, function, responsibility or authority was not validly exercised or performed by a person referred to in section 7 of this Act.

Immunity

9 If a person referred to in section 7 of this Act acted in good faith in doing the act or thing, no action, application or any other proceeding to question or in which is questioned the validity of the authority of the person to act lies or shall be instituted against

(a)  the Crown in right of the Province, or

(b)  the person referred to in section 7 of this Act with respect to any act or thing done by that person from April 11, 2003, to the date of the enactment of this section, both dates inclusive, in the exercise or performance or intended exercise or performance of any right, power, duty, function, responsibility or authority related to their judicial duties.

Commencement

10 Sections 7, 8 and 9 of this Act are deemed to have come into force on the date this Act received first reading in the Legislative Assembly.