Bill 31 - Procedures Respecting Complaints Against Provincial Court Judges and Adjudicators Act

BILL 31

Procedures Respecting Complaints Against Provincial Court Judges and Adjudicators Act

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

Definitions and interpretation

1( 1) The following definitions apply in this Act.

“adjudicator” means an adjudicator appointed under subsection 56.91(1) of the Judicature Act. (adjudicateur)

“Court of Appeal” means The Court of Appeal of New Brunswick. (Cour d’appel)

“Court of King’s Bench” means The Court of King’s Bench of New Brunswick. (Cour du Banc du Roi)

“Minister” means the Minister of Justice and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“provincial court judge” means a judge appointed under subsection 2(1) of the Provincial Court Act. (juge à la Cour provinciale)

“Registrar” means the Registrar appointed under subsection 57(1) of the Judicature Act. (registraire)

“senior adjudicator” means the adjudicator designated under subsection 56.97(1) of the Judicature Act. (adjudicateur principal)

1( 2) In this Act, a reference to “adjudicator” includes the senior adjudicator, unless the context requires otherwise.

1( 3) In this Act, a reference to “provincial court judge” includes the chief judge of the Provincial Court, unless the context requires otherwise.

Complaints committee

2( 1) There is established a complaints committee composed of

(a) two judges of the Court of Appeal selected by the Chief Justice of New Brunswick, one of whom shall be chair and the other shall be vice-chair,

(b) four judges of the Court of King’s Bench selected by the Chief Justice of the Court of King’s Bench,

(d) the senior adjudicator,

(e) one adjudicator selected by the senior adjudicator,

(f) two members of the Law Society of New Brunswick selected by the Law Society, and

(g) six members of the public appointed by the Lieutenant-Governor in Council.

2( 2) The Chief Justice of New Brunswick may serve on the complaints committee under paragraph (1)(a), the Chief Justice of the Court of King’s Bench may serve on the committee under paragraph (1)(b) and the chief judge of the Provincial Court may serve on the committee under paragraph (1)(c).

2( 3) A member referred to in paragraph (1)(g) shall be appointed for a term of up to five years and is eligible for reappointment.

2( 4) A member referred to in paragraph (1)(g) shall be paid the remuneration and expenses that the Lieutenant-Governor in Council determines.

Complaints

3( 1) Any person may, by regular mail or by email, submit a complaint to the Registrar respecting a provincial court judge or an adjudicator alleging the following:

(a) misconduct;

(b) neglect of duty; or

3( 2) A complaint shall be signed by the person making the complaint and shall contain the following:

(a) the name, address, telephone number and email address, if any, of the person making the complaint;

(b) the name of the provincial court judge or adjudicator who is the subject of the complaint;

(d) as many details as possible about the conduct of the provincial court judge or adjudicator who is the subject of the complaint.

Review of complaint by Registrar

4( 1) The Registrar shall complete a review of a complaint submitted under subsection 3(1) within 20 business days after receiving it.

4( 2) The Registrar may require additional information from the complainant or any other person if the Registrar considers it is necessary to properly review the complaint.

4( 3) The Registrar may dismiss a complaint if the Registrar is of the opinion that

(a) the complaint is frivolous or vexatious,

(b) the complaint is without merit, or

4( 4) If the Registrar does not dismiss a complaint, the Registrar shall forward the complaint to the chair of the complaints committee without delay for assignment to a judge for a review under section 7.

4( 5) The Registrar may extend the time limit referred to in subsection (1).

Review of matter without complaint

5( 1) The chief judge of the Provincial Court may review any matter respecting the misconduct or neglect of duty by a provincial court judge or any matter respecting the inability or incapacity of a provincial court judge to perform the duties of the office, without a complaint having been made under section 3.

5( 2) The Chief Justice of New Brunswick may review any matter respecting the misconduct or neglect of duty by the chief judge of the Provincial Court or any matter respecting the inability or incapacity of the chief judge of the Provincial Court to perform the duties of the office, without a complaint having been made under section 3.

5( 3) The senior adjudicator may review any matter respecting the misconduct or neglect of duty by an adjudicator or any matter respecting the inability or incapacity of an adjudicator to perform the duties of the office, without a complaint having been made under section 3.

5( 4) The Chief Justice of the Court of King’s Bench may review any matter respecting the misconduct or neglect of duty by the senior adjudicator or any matter respecting the inability or incapacity of the senior adjudicator to perform the duties of the office, without a complaint having been made under section 3.

5( 5) A matter that is reviewed under subsection (1), (2), (3) or (4) may be forwarded with reasons to the Registrar who shall forward it to chair of the complaints committee for assignment to a judge for a review under section 7, and if forwarded, the matter is considered a complaint for the purposes of this Act.

Power to restrict, transfer or suspend

6( 1) From the time the conduct of a provincial court judge is reviewed under subsection 5(1) or a complaint respecting a provincial court judge is submitted to the Registrar under section 3, as the case may be, until the time a final decision is made with respect to the complaint, the chief judge of the Provincial Court may take any of the following actions:

(a) restrict the provincial court judge to administrative duties;

(b) transfer the provincial court judge to an alternate location; or

6( 2) From the time the conduct of the chief judge of the Provincial Court is reviewed under subsection 5(2) or a complaint respecting the chief judge of the Provincial Court is submitted to the Registrar under section 3, as the case may be, until the time a final decision is made with respect to the complaint, the Chief Justice of New Brunswick may take any of the following actions:

(a) restrict the chief judge to administrative duties;

(b) transfer the chief judge to an alternate location; or

6( 3) From the time the conduct of an adjudicator is reviewed under subsection 5(3) or a complaint respecting an adjudicator is submitted to the Registrar under section 3, as the case may be, until the time a final decision is made with respect to the complaint, the senior adjudicator may take any of the following actions:

(a) restrict the adjudicator to administrative duties;

(b) transfer the adjudicator to an alternate location; or

6( 4) From the time the conduct of the senior adjudicator is reviewed under subsection 5(4) or a complaint respecting the senior adjudicator is submitted to the Registrar under section 3, as the case may be, until the time a final decision is made with respect to the complaint, the Chief Justice of the Court of King’s Bench may take any of the following actions:

(a) restrict the senior adjudicator to administrative duties;

(b) transfer the senior adjudicator to an alternate location; or

6( 5) A suspension under paragraph (1)(c), (2)(c), (3)(c) or (4)(c) may be revoked before a final decision is made if a change in circumstances warrants it.

Review of complaint by judge

7( 1) Within 15 business days after receiving a complaint under subsection 4(4) or 5(5), the chair of the complaints committee shall assign it to a judge who is a member of the complaints committee for review.

7( 2) A judge who is assigned a complaint for review shall

(a) forward to the provincial court judge or adjudicator who is the subject of the complaint,

( i) a copy of the complaint, or

( ii) a copy of the reasons for forwarding the matter under subsection 5(5),

(b) request that the provincial court judge or adjudicator provide a written response within 15 business days after receiving the copy of the complaint or the reasons, and

7( 3) If the complaint is forwarded by email, the provincial court judge or adjudicator, as the case may be, is deemed to have received a copy of the complaint or the reasons forwarded under paragraph (2)(a) ten business days after it was forwarded.

7( 4) The judge who is assigned a complaint for review may require additional information from the complainant or any other person if the judge considers it necessary to properly review the complaint.

7( 5) Within 20 business days after the end of the time limit referred to in paragraph (2)(b), the judge who is assigned the complaint for review shall complete the review and issue a decision with written reasons that may include any of the following measures:

(a) dismiss the complaint;

(b) dismiss the complaint with a warning;

(c) resolve the complaint with the agreement of both the complainant and the provincial court judge or adjudicator who is the subject of the complaint;

(d) issue an expression of concern; or

(e) forward the complaint with reasons to the chair of the complaints committee for a review by a review panel.

7( 6) A decision referred to in subsection (5) shall be filed with the Registrar without delay.

7( 7) The Registrar shall forward a copy of the judge’s decision

(a) to the complainant,

(b) to the provincial court judge or adjudicator who is the subject of the complaint, and

( i) to the Chief Justice of New Brunswick if the chief judge of the Provincial Court is the subject,

( ii) to the Chief Justice of the Court of King’s Bench if the senior adjudicator is the subject,

( iii) to the chief judge of the Provincial Court if a provincial court judge is the subject, or

( iv) to the senior adjudicator if an adjudicator is the subject.

7( 8) The chair of the complaints committee may extend the time limit referred to in subsection (1).

7( 9) The judge who is assigned a complaint for review may extend the time limit referred to in paragraph (2)(b) or subsection (5).

Appointment of review panel

8( 1) Within 20 business days after a complaint is forwarded by a judge under paragraph 7(5)(e), the chair of the complaints committee shall appoint from among the members of the complaints committee a review panel composed of

(a) either a judge of the Court of Appeal or a judge of the Court of King’s Bench, who shall be chair,

(b) a provincial court judge if a provincial court judge is the subject of the complaint,

(d) one member of the public.

8( 2) The judge who forwarded the complaint under paragraph 7(5)(e) is not eligible to be appointed to the review panel.

8( 3) Two members of a review panel constitute a quorum, and the decision of a majority of the members is a decision of the review panel.

8( 4) A member of the public referred to in paragraph (1)(d) shall remain on a review panel until it issues a decision under subsection 9(6) even if the member’s appointment under paragraph 2(1)(g) has expired.

8( 5) A vacancy on the review panel does not impair the capacity of the panel to act so long as quorum is maintained.

8( 6) The chair of the complaints committee may extend the time limit referred to in subsection (1).

Review of complaint by review panel

9( 1) Within 20 business days after receiving a complaint from the chair of the complaints committee, a review panel shall begin a review and notify the complainant and the provincial court judge or adjudicator who is the subject of the complaint

(a) that the panel will conduct the review based on the written record, and

(b) that the complainant and the provincial court judge or adjudicator may file written submissions within 15 business days after receiving the notice.

9( 2) A review panel may require additional information from the complainant or any other person if it considers that it is necessary to properly review the complaint.

9( 3) A review panel may engage the services of a person to investigate a complaint if the review panel considers that it is necessary to properly review the complaint.

9( 4) Within 30 business days after the end of the time limit referred to in paragraph (1)(b), the review panel shall complete the review and may

(a) dismiss the complaint, or

(b) make a finding of misconduct or neglect of duty or of an inability or incapacity to perform the duties of a provincial court judge or an adjudicator, as the case may be.

9( 5) If the review panel makes a finding referred to in paragraph (4)(b), the review panel may take any of the following measures:

(a) issue a private or a public reprimand;

(b) order the provincial court judge or adjudicator, as the case may be,

( i) to apologize, either publicly or privately, to the complainant or to any other person, or

( ii) to take specific measures as a condition of continuing in office, including attending counselling, treatment or continuing education courses;

(c) take any action that the review panel considers to be equivalent to an action referred to in subparagraph (b)(i) or (ii);

(d) order the provincial court judge or adjudicator, as the case may be, to report regarding their compliance with an order referred to in paragraph (b) to

( i) the Chief Justice of New Brunswick if the chief judge of the Provincial Court is the subject of the order,

( ii) the Chief Justice of the Court of King’s Bench if the senior adjudicator is the subject of the order,

( iii) the chief judge of the Provincial Court if a provincial court judge is the subject of the order, or

( iv) the senior adjudicator if an adjudicator is the subject of the order;

(e) impose any other non-monetary sanction; and

(f) refer the complaint to the chair of the complaints committee to appoint an inquiry panel for a full hearing.

9( 6) A review panel shall issue a decision with written reasons and file it with the Registrar without delay.

9( 7) The Registrar shall forward a copy of the review panel’s decision to

(a) the complainant,

(b) the provincial court judge or adjudicator who is the subject,

(d) the Chief Justice of the Court of King’s Bench if the senior adjudicator is the subject,

(e) the chief judge of the Provincial Court if a provincial court judge is the subject, and

(f) the senior adjudicator if an adjudicator is the subject.

9( 8) The chair of a review panel may extend a time limit referred to in subsection (1) or (4).

Request for appointment of inquiry panel

10( 1) Within 20 business days after receiving a copy of a review panel’s decision under paragraph 9(7)(b), a provincial court judge or an adjudicator who does not agree with the decision may request that the chair of the complaints committee appoint an inquiry panel for a hearing.

10( 2) The chair of the complaints committee may extend the time limit referred to in subsection (1).

Appointment of inquiry panel

11( 1) The chair of the complaints committee shall appoint an inquiry panel within 20 business days after receiving

(a) a referral under paragraph 9(5)(f), or

(b) a request under section 10.

11( 2) An inquiry panel is composed of the following members of the complaints committee:

(a) two judges of the Court of Appeal or the Court of King’s Bench, the senior of whom shall be chair;

(b) a provincial court judge if a provincial court judge is the subject of the complaint;

(d) one member of the Law Society of New Brunswick; and

(e) one member of the public.

11( 3) The following persons are not eligible to be appointed to the inquiry panel:

(a) the judge or senior adjudicator who forwarded the complaint under subsection 5(5);

(b) the judge who forwarded the complaint under paragraph 7(5)(e); and

11( 4) Three members of an inquiry panel constitute a quorum, and a decision of the majority of the members is a decision of the inquiry panel.

11( 5) A member of the public referred to in paragraph (2)(e) shall remain on an inquiry panel until it issues a decision under section 13 even if the member’s appointment under paragraph 2(1)(g) has expired.

11( 6) A vacancy on an inquiry panel does not impair the capacity of the panel to act so long as quorum is maintained.

11( 7) The chair of the complaints committee may extend the time limit referred to in subsection (1).

Hearing by inquiry panel

12( 1) The chair of the complaints committee shall refer a complaint to an inquiry panel immediately after appointing the inquiry panel under section 11.

12( 2) An inquiry panel shall hold a hearing into a complaint within 30 business days after the complaint is referred to it.

12( 3) An inquiry panel and each member of the panel have all the powers of a commissioner appointed under the Inquiries Act.

12( 4) Subject to this Act, an inquiry panel may establish its own procedures.

12( 5) The complainant and the provincial court judge or adjudicator who is the subject of the complaint may, at the hearing, present evidence, cross-examine witnesses and be represented by a lawyer.

12( 6) An inquiry panel may receive and accept any relevant evidence even though it is not admissible under the rules applying to trials in the Court of King’s Bench.

12( 7) If an inquiry panel has given notice of the hearing to the provincial court judge or adjudicator who is the subject of the complaint, the inquiry panel may proceed with the hearing in the absence of the provincial court judge or adjudicator, as the case may be, and may decide on the complaint in the same manner as if the provincial court judge or adjudicator were present.

12( 8) A hearing shall be held in public.

12( 9) Despite subsection (8), on the request of the provincial court judge or adjudicator who is the subject of the complaint, or on the request of the complainant or a witness, if the inquiry panel determines that there are compelling reasons in the public interest to do so, it may

(a) exclude the public from all or part of a hearing, or

(b) direct that the complainant or a witness be identified by initials only.

12( 10) The chair of an inquiry panel may extend the time limit referred to in subsection (2).

Decision of inquiry panel

13( 1) On completing a hearing, an inquiry panel may

(a) dismiss the complaint, or

(b) make a finding of misconduct or neglect of duty or of an inability or incapacity to perform the duties of a provincial court judge or an adjudicator, as the case may be.

13( 2) If the inquiry panel makes a finding referred to in paragraph (1)(b), the inquiry panel may take any of the following measures:

(a) issue a private or a public reprimand;

(b) order the provincial court judge or adjudicator, as the case may be,

( i) to apologize, either publicly or privately, to the complainant or to any other person, or

( ii) to take specific measures as a condition of continuing in office, including attending counselling, treatment or continuing education courses;

(c) take any action that the inquiry panel considers to be equivalent to an action referred to in subparagraph (b)(i) or (ii);

(d) order the provincial court judge or adjudicator, as the case may be, to report regarding their compliance with an order referred to in paragraph (b) to

( i) the Chief Justice of New Brunswick if the chief judge of the Provincial Court is the subject of the order,

( ii) the Chief Justice of the Court of King’s Bench if the senior adjudicator is the subject of the order,

( iii) the chief judge of the Provincial Court if a provincial court judge is the subject of the order, or

( iv) the senior adjudicator if an adjudicator is the subject of the order;

(e) suspend the provincial court judge or adjudicator with pay, with or without conditions, for the period specified by the inquiry panel;

(f) suspend the provincial court judge or adjudicator without pay for up to 90 days;

(g) recommend to the Lieutenant-Governor in Council that the appointment of the provincial court judge or adjudicator be revoked; and

(h) impose any other non-monetary sanction.

13( 3) An inquiry panel shall issue a decision with written reasons and file it with the Registrar without delay.

13( 4) The Registrar shall forward a copy of an inquiry panel’s decision to

(a) the complainant,

(b) the provincial court judge or adjudicator who is the subject,

(d) the Chief Justice of the Court of King’s Bench if the senior adjudicator is the subject,

(e) the chief judge of the Provincial Court if a provincial court judge is the subject,

(f) the senior adjudicator if an adjudicator is the subject, and

(g) the Lieutenant-Governor in Council if the inquiry panel recommends that the appointment of the provincial court judge or adjudicator be revoked.

13( 5) If an inquiry panel dismisses a complaint, it may order the reimbursement of any costs of the provincial court judge or the adjudicator, as the case may be, that it considers appropriate, and any reimbursement shall be paid from the Consolidated Fund.

13( 6) The decision of an inquiry panel is final and cannot be appealed but is subject to judicial review.

13( 7) A person aggrieved by the decision of an inquiry panel may make an application for judicial review of the decision to the Court of Appeal within 30 days after the decision is filed with the Registrar.

Revocation of appointment

14( 1) If an inquiry panel recommends that the appointment of a provincial court judge or an adjudicator be revoked, the Lieutenant-Governor in Council shall, on receipt of the recommendation, revoke the appointment.

14( 2) If the appointment of a provincial court judge or adjudicator is revoked, the Minister may release the decision of the inquiry panel if the Minister considers that it is in the public interest to do so.

Immunity

15 No action or other proceeding lies or shall be instituted against a member of the complaints committee for anything done or purported to be done in good faith by the member or for anything omitted in good faith by the member in the exercise or intended exercise of a power or duty under this Act.

Annual report to Minister

16( 1) Within three months after the end of a calendar year, the Registrar shall file a report with the Minister setting out, with respect to that year, the complaints

(a) received,

(b) dismissed by the Registrar,

(d) reviewed by a review panel or by an inquiry panel.

16( 2) The report shall include any actions taken or decisions issued with respect to the complaints set out.

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND REPEAL

Continuation of appointments under the Provincial Court Act and the Small Claims Act

17( 1) A person who was appointed to the Judicial Council under paragraph 6.1(1)(e) of the Provincial Court Act, and who held office immediately before the commencement of this subsection, is deemed to have been appointed to the complaints committee under paragraph 2(1)(g) of this Act and continues in office until the person resigns or is reappointed or replaced.

17( 2) A person who was appointed to a panel under subsection 26(2) of the Small Claims Act, and who was on the panel immediately before the commencement of this subsection, is deemed to have been appointed to the complaints committee under paragraph 2(1)(g) of this Act, and continues in office until the person resigns or is reappointed or replaced.

Judicature Act

18( 1) The heading “Complaints” preceding section 56.96 of the Judicature Act, chapter J-2 of the Revised Statutes, 1973, is repealed.

18( 2) Section 56.96 of the Act is repealed.

18( 3) Section 56.97 of the Act is amended by adding after subsection (2) the following:

56.97( 2.1) The senior adjudicator shall exercise the powers and perform the duties imposed on the senior adjudicator under the Procedures Respecting Complaints Against Provincial Court Judges and Adjudicators Act.

Provincial Court Act

19( 1) Subsection 1(1) of the Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is amended by repealing the following definitions:

“chair”;

“Judicial Council”;

“review committee”.

19( 2) Section 6 of the Act is repealed and the following is substituted:

Grounds for removal of judge

6 A judge holds office during good behaviour and may only be removed from office in accordance with the Procedures Respecting Complaints Against Provincial Court Judges and Adjudicators Act for misconduct or neglect of duty or incapacity or inability to perform the duties of a judge.

19( 3) The heading “Establishment of Judicial Council” preceding section 6.1 of the Act is repealed.

19( 4) Section 6.1 of the Act is repealed.

19( 5) The heading “Secretary to Judicial Council” preceding section 6.2 of the Act is repealed.

19( 6) Section 6.2 of the Act is repealed.

19( 7) The heading “Deliberations by Judicial Council” preceding section 6.4 of the Act is repealed.

19( 8) Section 6.4 of the Act is repealed.

19( 9) The heading “Conduct of judge may be dealt with” preceding section 6.5 of the Act is repealed.

19( 10) Section 6.5 of the Act is repealed.

19( 11) The heading “Powers of chief judge with or without a complaint” preceding section 6.51 of the Act is repealed.

19( 12) Section 6.51 of the Act is repealed.

19( 13) The heading “Complaint against a judge” preceding section 6.511 of the Act is repealed.

19( 14) Section 6.511 of the Act is repealed.

19( 15) The heading “Chief judge may suspend a judge” preceding section 6.52 of the Act is repealed.

19( 16) Section 6.52 of the Act is repealed.

19( 17) The heading “Powers of chief judge when complaint made” preceding section 6.521 of the Act is repealed.

19( 18) Section 6.521 of the Act is repealed.

19( 19) The heading “Review of the chair” preceding section 6.53 of the Act is repealed.

19( 20) Section 6.53 of the Act is repealed.

19( 21) The heading “Review committee” preceding section 6.54 of the Act is repealed.

19( 22) Section 6.54 of the Act is repealed.

19( 23) The heading “Formal hearing” preceding section 6.55 of the Act is repealed.

19( 24) Section 6.55 of the Act is repealed.

19( 25) The heading “Quorum” preceding section 6.56 of the Act is repealed.

19( 26) Section 6.56 of the Act is repealed.

19( 27) The heading “Powers of Judicial Council re a formal hearing” preceding section 6.57 of the Act is repealed.

19( 28) Section 6.57 of the Act is repealed.

19( 29) The heading “Removal from office” preceding section 6.58 of the Act is repealed.

19( 30) Section 6.58 of the Act is repealed.

19( 31) The heading “Costs” preceding section 6.59 of the Act is repealed.

19( 32) Section 6.59 of the Act is repealed.

19( 33) The heading “Report on disposition of matter” preceding section 6.12 of the Act is repealed.

19( 34) Section 6.12 of the Act is repealed.

19( 35) The heading “Immunity from liability” preceding section 6.13 of the Act is repealed.

19( 36) Section 6.13 of the Act is repealed.

19( 37) Section 7.2 of the Act is amended

(a) by repealing paragraph (1)(c) and substituting the following:

(c) on the recommendation of an inquiry panel made under section 13 of the Procedures Respecting Complaints Against Provincial Court Judges and Adjudicators Act, or

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

7.2( 3) The Procedures Respecting Complaints Against Provincial Court Judges and Adjudicators Act applies with the necessary modifications to a person whose name is entered on the panel established under subsection 7.1(1).

19( 38) The heading “Regulations on recommendation of Judicial Council” preceding section 23.1 of the Act is repealed.

19( 39) Section 23.1 of the Act is repealed.

Regulation under the Provincial Court Act

20 New Brunswick Regulation 2004-132 under the Provincial Court Act is repealed.

Small Claims Act

21( 1) The heading “COMPLAINTS PROCESS” preceding section 23 of the Small Claims Act, chapter 15 of the Acts of New Brunswick, 2012, is repealed.

21( 2) The heading “Filing of complaint of misconduct” preceding section 23 of the Act is repealed.

21( 3) Section 23 of the Act is repealed.

21( 4) The heading “Assessment of complaint by Registrar” preceding section 24 of the Act is repealed.

21( 5) Section 24 of the Act is repealed.

21( 6) The heading “Determination of complaint by Registrar” preceding section 25 of the Act is repealed.

21( 7) Section 25 of the Act is repealed.

21( 8) The heading “Appointment of complaints committee” preceding section 26 of the Act is repealed.

21( 9) Section 26 of the Act is repealed.

21( 10) The heading “Powers of complaints committee” preceding section 27 of the Act is repealed.

21( 11) Section 27 of the Act is repealed.

21( 12) The heading “Hearing by complaints committee” preceding section 28 of the Act is repealed.

21( 13) Section 28 of the Act is repealed.

21( 14) The heading “Decision of complaints committee” preceding section 29 of the Act is repealed.

21( 15) Section 29 of the Act is repealed.

21( 16) The heading “Revocation of appointment of adjudicator” preceding section 30 of the Act is repealed.

21( 17) Section 30 of the Act is repealed.

21( 18) The heading “Immunity” preceding section 31 of the Act is repealed.

21( 19) Section 31 of the Act is repealed.

21( 20) Paragraph 38(n) of the Act is repealed.

Regulation under the Small Claims Act

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

(a) in section 2 by adding the following definition in alphabetical order:

“senior adjudicator” means the adjudicator designated under subsection 56.97(1) of the Judicature Act. (adjudicateur principal)

(b) in subsection 63(1) by striking out “Registrar” and substituting “senior adjudicator”.