Acts and Regulations

95-126 - General

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Current to 16 June 2023
NEW BRUNSWICK
REGULATION 95-126
under the
Jury Act
(O.C. 95-829)
Filed August 14, 1995
Under section 35 of the Jury Act, the Lieutenant-Governor in Council makes the following Regulation:
2018-38
1This Regulation may be cited as the General Regulation - Jury Act.
2In this Regulation
“Act” means the Jury Act.(Loi)
3For the purposes of subsection 7(1) of the Act, a certificate of the clerk directing the sheriff to summon a sufficient number of persons from which a jury is to be selected shall be in Form 1 for any proceeding in the Court or Form 4 for any other proceeding.
2018-38
4The lists referred to in subsection 7(2) of the Act are:
(a) the list of beneficiaries and their dependents who are nineteen years of age or over under the Medical Services Payment Act that contains the surname, given names, mailing address, date of birth and linguistic preference of each of the beneficiaries and dependents and the location code and unique identifier number for each of the beneficiaries and dependents;
(b) the most recent official list of electors under the Elections Act;
(c) the most recent voters list for a municipality under the Municipal Elections Act; and
(d) the record of registered owners of motor vehicles under the Motor Vehicle Act.
2005-150; 2007-26; 2018-38
5Repealed: 2021-80
2004-14; 2021-80
6Electronic computer equipment may be used for the selection of persons to a jury panel under subsection 7(2) of the Act.
2018-38
7Where electronic computer equipment is not available, the selection of persons to a jury panel under subsection 7(2) of the Act shall be conducted by the sheriff and the clerk.
2018-38
8A summons under subsection 8(1) of the Act, a juror’s certificate under subsection 8(2) of the Act and an application to be relieved from serving as a juror under subsection 8(3) of the Act shall be in Form 2 for any proceeding in the Court or Form 5 for any other proceeding.
2018-38
9A person summoned under subsection 8(1) of the Act shall mail or deliver the juror’s certificate to the sheriff within five days after receiving it.
2018-38
10A person summoned under subsection 8(1) of the Act who wishes to be relieved from serving as a juror shall mail or deliver the application referred to in section 8 to the sheriff within five days after receiving it.
2018-38
11A jury panel list shall be in Form 3 for any proceeding in the Court or Form 6 for any other proceeding.
12(1)For the purposes of the selection of a jury under section 13 of the Act, the sheriff shall write the name of each person summoned under subsection 8(1) of the Act, except those persons granted relief from serving on a jury under subsection 8(4) of the Act or successful at an appeal under paragraph 8(5)(a) of the Act, and the person’s address and occupation on a card or piece of paper of uniform size.
12(2)The sheriff shall place the cards or pieces of paper in a receptacle and mix them thoroughly.
12(3)The clerk shall draw the cards or pieces of paper from the receptacle one at a time for the purposes of the selection of the jury.
2018-38
13(1)If a trial lasts less than 10 sitting days, the following fees are payable to a juror:
(a) $20 for each one-half day of attendance, and
(b) $40 for each full day of attendance.
13(1.1)If a trial lasts 10 or more sitting days, the following fees are payable to a juror:
(a) for attendance before the tenth day of the trial,
(i) $20 for each one-half day of attendance, and
(ii) $40 for each full day of attendance, and
(b) for attendance on or after the tenth day of the trial,
(i) $40 for each one-half day of attendance, and
(ii) $80 for each full day of attendance.
13(2)Repealed: 2000-56
13(3)For the purposes of this section,
(a) any period of attendance that is four hours or less in a day is one-half day of attendance, and
(b) any period of attendance that is in excess of four hours in a day is a full day of attendance.
2000-56; 2010-28
14(1)A juror shall be paid compensation for meals if the juror is not entitled to reimbursement for meals from any other source and his or her attendance has not concluded before twelve o’clock in the afternoon or five o’clock in the afternoon.
14(2)The rate of compensation for meals is the same rate as the rate paid to persons who are employed in the public service as determined by the Treasury Board under the Financial Administration Act.
2016, c.37, s.92
15(1)A travel allowance shall be paid to a juror for each day of attendance for every kilometre that he or she necessarily travels for one round trip from his or her residence to the Court or other place for the hearing of a proceeding.
15(2)The rate for a travel allowance is the same rate as the highest rate paid to persons employed in the public service as determined by the Treasury Board under the Financial Administration Act.
2016, c.37, s.92
15.1Notwithstanding sections 14 and 15, the minimum amount payable to a juror under those sections is five dollars.
2000-56
16New Brunswick Regulations 81-105, 81-112 and 81-123 under the Jury Act are repealed.
17This Regulation comes into force on September 1, 1995.
N.B. This Regulation is consolidated to June 16, 2023.