BILL 4

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 Subsection 4.5(1) of the Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is amended by striking out “Notwithstanding any other provision of this Act, the Lieutenant-Governor in Council, after consultation with the chief judge or the associate chief judge, may appoint” and “if the Lieutenant-Governor in Council considers it appropriate in the circumstances” and substituting “Despite any other provision of this Act, the chief judge may appoint” and “if the chief judge considers it appropriate in the circumstances”, respectively.

2 Subsection 7.1(3) of the Act is repealed.

TRANSITIONAL PROVISION

Transitional provision

3( 1) In this section, “chief judge” means chief judge as defined in the Provincial Court Act.

3( 2) A judge who was appointed by the Lieutenant-Governor in Council under subsection 4.5(1) of the Provincial Court Act, as it read immediately before the commencement of this section, and who was seized of or presiding over any action, cause, matter, process, hearing or proceeding immediately before the commencement of this section is deemed to have been appointed by the chief judge under subsection 4.5(1) of that Act, as amended by section 1 of this Act.