Acts and Regulations

2023-8 - Judicature Act

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NEW BRUNSWICK
REGULATION 2023-8
under the
Judicature Act
2023-24
Provincial Offences Procedure Act
2023-24
Filed February 16, 2023
1Subrule .04 of Rule 1 of the Rules of Court of New Brunswick, “CITATION, APPLICATION AND INTERPRETATION”, New Brunswick Regulation 82-73 under the Judicature Act and the Provincial Offences Procedure Act is amended in the definition “originating process”
(a) in clause (e) by striking out “and” at the end of the clause,
(b) by adding after clause (f) the following:
(f.1) a Motion to Vary or Motion to Change a final order under the Divorce Act (Canada) or the Family Law Act, and
(f.2) a Consent Motion to Vary or Consent Motion to Change a final order under the Divorce Act (Canada) or the Family Law Act,
2Subrule .03 of Rule 3 of the Rules of Court, “TIME”, is amended by striking out “5:00” and substituting “4:30”.
3Subrule .06 of Rule 4 of the Rules of Court, “COURT DOCUMENTS”, is amended
(a) by adding after paragraph (4) the following:
a(4.01)The court may direct that an electronic version of a document be filed and, on filing,
(a) the date of filing of the document shall be deemed to be the date shown on the acknowledgement of receipt issued by the office of the clerk of the judicial district where the proceeding is commenced or transferred, and
(b) unless ordered otherwise by the court, the copy of the document that is printed by the office of the clerk shall be deemed to be the original version of that document.
(b) in the portion preceding clause (4.1)(a) of the English version by striking out “Rule 62.20.0” and substituting “Rule 62.20.2”.
4Rule 16 of the Rules of Court, “ORIGINATING PROCESS”, is amended
(a) in subrule .04 of Rule 16 in the portion preceding clause (a), by striking out “Where an Act” and substituting “Subject to Rule 16.041, when an Act”;
(b) by adding after subrule .04 of Rule 16 the following:
By Notice of Motion – particular proceedings
16.04.1In the case of a Motion to Vary or Motion to Change a final order under the Divorce Act (Canada) or the Family Law Act, or a Consent Motion to Vary or Consent Motion to Change a final order under either of those Acts, Rules 16.01(2), 16.06(2) and (3), 16.07 and 16.09 apply to the Notice of Motion with the necessary modifications.
(c) in subrule .07 of Rule 16
(i) in clause (c) by striking out “the original” and substituting “the copy”;
(ii) in clause (d) by striking out “the copy” and substituting “the original”.
5Subrule .05 of Rule 26 of the Rules of Court, “DISMISSAL OF ACTION FOR DELAY”, is amended
(a) in paragraph (2) by striking out “mail” wherever it appears and substituting “send”;
(b) in clause (4)(b) of the English version by striking out “mail” and substituting “send”;
(c) in paragraph (6) by striking out “mailing thereof” and substituting “sending it”.
6Rule 37 of the Rules of Court, “PROCEDURE ON MOTIONS”, is amended
(a) in subrule .02 of Rule 37 in the portion preceding clause (a) by striking out “A motion” and substituting “Subject to Rule 37.02.1, a motion”;
(b) by adding after subrule .02 of Rule 37 the following:
Notice of Motion – particular proceedings
37.02.1A Motion to Vary or Motion to Change a final order under the Divorce Act (Canada) or the Family Law Act, or a Consent Motion to Vary or Consent Motion to Change a final order under either of those Acts, shall be made in accordance with Rule 16.01(2) with the necessary modifications.
7The English version of Rule 60 of the Rules of Court, “SIGNING AND ENTERING ORDERS AND JUDGMENTS”, is amended in clause (a) of Rule 60.03(3) by striking out “in the index book” and substituting “in the registry”.
8Subrule .01 of Rule 78 of the Rules of Court, “FEES”, is amended
(a) by adding after clause (a) the following:
(a.01) on filing a Motion to Vary or Motion to Change a final order under the Divorce Act (Canada) or the Family Law Act or a Consent Motion to Vary or Consent Motion to Change a final order under either of those Acts.............. $0.00
(b) in clause (a.1) by striking out “clause (a)” and substituting “clause (a) or (a.01)”.
9This Rule comes into force on February 20, 2023.