Acts and Regulations

2023-15 - Provincial Court Act

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NEW BRUNSWICK
REGULATION 2023-15
under the
Provincial Court Act
(O.C. 2023-47)
Filed March 23, 2023
1Section 1 of New Brunswick Regulation 2004-132 under the Provincial Court Act is amended in the French version by striking out “audition” and substituting “audience”.
2Section 2 of the Regulation is amended
(a) in the French version by repealing the definition « audition formelle »;
(b) in the English version by repealing the definition “formal hearing” and substituting the following:
“formal hearing” means a formal hearing conducted under section 6.55 of the Act.(audience formelle)
(c) in the definition “inquiry” by striking out “section 6.9” and substituting “section 6.54”;
(d) in the French version by adding the following definition in alphabetical order:
“audience formelle” Audience tenue en application de l’article 6.55 de la Loi. (formal hearing)
3The heading “Assistance obligatoire à une enquête ou une audition formelle” preceding section 3 of the French version of the Regulation is amended by striking out “audition” and substituting “audience”.
4Section 3 of the Regulation is amended
(a) by repealing subsection (1) and substituting the following:
3(1)The secretary to the Judicial Council shall issue a Summons to Witness (Form 1) on the request of the counsel to the Judicial Council or the counsel of the judge whose conduct is in question where one or the other requires a person in New Brunswick to attend as a witness at an inquiry or a formal hearing.
(b) in subsection (2) of the French version by striking out “l’audition” and substituting “l’audience”;
(c) in subsection (3) of the French version by striking out “l’audition” and substituting “l’audience”.
5The heading “Avis d’audition formelle” preceding section 4 of the French version of the Regulation is amended by striking out “d’audition” and substituting “d’audience”.
6Section 4 of the French version of the Regulation is amended
(a) in subsection (1) by striking out “d’audition” and “l’audition” wherever they appear and substituting “d’audience” and “l’audience”, respectively;
(b) in subsection (2) by striking out “d’audition” and substituting “d’audience”;
(c) in subsection (3) by striking out “d’audition” and substituting “d’audience”.
7The heading “Défaut de se présenter à une audition formelle” preceding section 5 of the French version of the Regulation is amended by striking out “audition” and substituting “audience”.
8Section 5 of the Regulation is repealed and the following is substituted:
5If the judge whose conduct is in question fails to attend the formal hearing, the Judicial Council may proceed with the formal hearing in the absence of the judge if the Judicial Council is satisfied that the Notice of Formal Hearing was served in accordance with section 4.
9The heading “Preuve à une audition formelle” preceding section 6 of the French version of the Regulation is amended by striking out “audition” and substituting “audience”.
10Section 6 of the Regulation is amended
(a) by repealing subsection (2) and substituting the following:
6(2)Subject to subsection (5), the Judicial Council 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.
(b) by repealing subsection (3) and substituting the following:
6(3)The Judicial Council 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 Judicial Council or the judge whose conduct is in question requires the deponent to attend at the formal hearing for cross-examination.
11Section 7 of the Regulation is amended in the French version by striking out “audition” and substituting “audience”.
12Form 1 of the Regulation is amended
(a) by striking out “If you fail to attend or remain in attendance as required by this Summons, a Warrant may be issued directing that you be apprehended and brought before the panel conducting the inquiry (or formal hearing)” and substituting “If you fail to attend or remain in attendance as required by this Summons, a Warrant may be issued directing that you be apprehended and brought before the review committee conducting the inquiry or the Judicial Council conducting the formal hearing, as the case may be,”;
(b) in the French version
(i) in the heading “(Intitulé de l’enquête ou de l’audition formelle)” by striking out “audition” in the heading and substituting “audience” ;
(ii) in the remaining portion of the Form by striking out “audition” wherever it appears and substituting “audience”.
13Form 2 of the French version of the Regulation is amended
(a) in the heading “AVIS D’AUDITION FORMELLE” by striking out “AUDITION” and substituting “AUDIENCE”;
(b) by repealing the heading “(Intitulé de l’audition formelle)” and substituting “(Intitulé de l’audience formelle)”;
(c) in the remaining portion of the Form by striking out “audition” wherever it appears and substituting “audience”.