Acts and Regulations

2004-132 - Inquiry and Formal Hearing Procedure

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NEW BRUNSWICK
REGULATION 2004-132
under the
Provincial Court Act
(O.C. 2004-489)
Filed November 30, 2004
Under section 23.1 of the Provincial Court Act, the Lieutenant-Governor in Council, on the recommendation of the Judicial Council, makes the following Regulation:
Citation
1This Regulation may be cited as the Inquiry and Formal Hearing Procedure Regulation - Provincial Court Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Provincial Court Act.(Loi)
“formal hearing” means a formal hearing conducted under section 6.10 of the Act.(audition formelle)
“inquiry” means an inquiry conducted under section 6.9 of the Act.(enquête)
“Rules of Court” mean the Rules of Court of New Brunswick created under section 73 of the Judicature Act.(Règles de procédure)
“secretary to the Judicial Council” means the Registrar of The Court of Appeal of New Brunswick.(secrétaire du Conseil de la magistrature)
“stenographer” means a person appointed under subsection 4(1) of the Recording of Evidence by Sound Recording Machine Act or a court reporter appointed under section 2 of the Court Reporters Act.(sténographe)
Compelling attendance at an inquiry or formal hearing
3(1)The secretary to the Judicial Council shall issue a Summons to Witness (Form 1) on the request of the counsel to the panel or the counsel of the judge whose conduct is the subject of a formal hearing where one or the other requires a person in New Brunswick to attend as a witness at an inquiry or a formal hearing.
3(2)The Summons to Witness referred to in subsection (1) may require the witness to produce at the inquiry or formal hearing everything in his or her possession, custody or control relating to the matters in question in the inquiry or formal hearing or such things relating to the matters in question in the inquiry or formal hearing as are particularly specified in the summons.
3(3)A Summons to Witness may be served personally by any person in any manner permitted by Rule 18 of the Rules of Court for personal service and at the same time, unless the person summoned is the judge whose conduct is the subject of the formal hearing, the witness shall be paid or tendered proper attendance money as prescribed in Tariff D of Rule 59 of the Rules of Court.
Notice of formal hearing
4(1)A Notice of Formal Hearing (Form 2) shall be issued by the secretary to the Judicial Council and served on the judge whose conduct is in question at least 14 days before the date of the formal hearing.
4(2)The Notice of Formal Hearing shall be served personally by any person in any manner permitted by Rule 18 of the Rules of Court for personal service.
4(3)Service of the Notice of Formal Hearing may be validated or proved in the same manner as permitted by Rule 18 of the Rules of Court.
Failure to attend at formal hearing
5If, on the day of the formal hearing, the judge whose conduct is the subject of the formal hearing fails to attend, the panel may proceed with the formal hearing in the absence of the judge if the panel is satisfied that the Notice of Formal Hearing was served in accordance with section 4.
Evidence at formal hearing
6(1)The testimony of a witness at a formal hearing shall be taken under oath or solemn affirmation.
6(2)Subject to subsection (5), the panel conducting a formal hearing may admit as evidence any oral testimony and any document or other thing so long as the evidence is relevant to the subject matter of the hearing.
6(3)The panel conducting a formal hearing may allow the evidence of any witness to be given by affidavit or any fact or document to be proved by affidavit, unless counsel to the panel or the judge whose conduct is in question requires the deponent to attend at the formal hearing for cross-examination.
6(4)Subsections (2) and (3) apply whether or not the evidence would be admissible as evidence in The Court of Queen’s Bench of New Brunswick.
6(5)Nothing is admissible in evidence at a formal hearing that would be inadmissible by reason of any privilege under the law of evidence.
Record of proceedings
7A stenographer shall record the proceedings of the formal hearing, transcribe and certify the transcript.
Repeal
8New Brunswick Regulation 86-25 under the Provincial Court Act is repealed.
N.B. This Regulation is consolidated to November 30, 2004.