Acts and Regulations

2012, c.113 - King’s Counsel and Precedence Act

Table of contents
Full text
Current to 1 January 2024
2012, c.113
King’s Counsel and Precedence Act
2023, c.17, s.226
Deposited December 13, 2012
Appointment of King’s Counsel
2023, c.17, s.226
1The Lieutenant-Governor, by letters patent under the Great Seal of the Province, in His Majesty’s name, may appoint from members of the Bar of the Province, the persons that the Lieutenant-Governor considers right to be His Majesty’s Counsel, learned in the law.
R.S.1973, c.Q-2, s.1; 2020, c.28, s.1; 2023, c.17, s.226
Recommendation for appointment
2Except in the case of a person who, at the time of the person’s appointment, is Attorney General of Canada, or Attorney General of New Brunswick, no appointment under section 1 shall be made of any person unless a committee consisting of the Chief Justice of New Brunswick, the Attorney General of New Brunswick and the President of the Law Society of New Brunswick has unanimously recommended that person for the appointment.
R.S.1973, c.Q-2, s.2; 1979, c.41, s.104; 1981, c.6, s.1; 1984, c.29, s.1; 1987, c.6, s.94; 2012, c.5, s.1; 2020, c.28, s.2
Revocation of King’s Counsel
2020, c.28, s.3; 2023, c.17, s.226
2.1(1)If a person appointed as His Majesty’s Counsel is disbarred in accordance with the Law Society Act, 1996, the appointment is automatically revoked on the date of the disbarment.
2.1(2)If a person appointed as His Majesty’s Counsel was disbarred in accordance with the Law Society Act, 1996 or a predecessor of that Act before the commencement of this section, the appointment is automatically revoked on the commencement of this section.
2020, c.28, s.3; 2023, c.17, s.226
Power of the Lieutenant-Governor to determine precedence in courts
3Subject to the rights and privileges of the Attorney General, the precedence in the courts of the Province may be determined by the Lieutenant-Governor in the manner mentioned in the following provisions.
R.S.1973, c.Q-2, s.3; 1981, c.6, s.1
Patent of precedence
4(1)The Lieutenant-Governor, by letters patent under the Great Seal of the Province, in His Majesty’s name, may grant to any member of the Bar of the Province, if the Lieutenant-Governor considers it right to do so, a patent of precedence in the courts of the Province.
4(2)A King’s Counsel or a person to whom a patent of precedence has been granted under subsection (1) has such rank, precedence and pre-audience among the members of the Bar as is assigned by the letters patent.
R.S.1973, c.Q-2, s.4, s.5; 2020, c.28, s.4; 2023, c.17, s.226
Precedence among attorneys
5The remaining members of the Bar shall, as between themselves, have precedence in the courts in the order of their calls to the Bar of the Province.
R.S.1973, c.Q-2, s.6
Precedence of Crown officer
6Nothing in this Act affects or alters any rights of precedence which appertain to any member of the Bar when acting as counsel for His Majesty or for any Attorney General of His Majesty in any matter depending in the name of His Majesty or of the Attorney General before the courts.
R.S.1973, c.Q-2, s.7; 2023, c.17, s.226
Regulations
7The Lieutenant-Governor in Council may, on the unanimous recommendation of a committee consisting of the Chief Justice of New Brunswick, the Attorney General of New Brunswick and the President of the Law Society of New Brunswick, make regulations
(a) respecting the frequency of appointments of King’s Counsel;
(b) establishing a maximum number of King’s Counsel to be appointed from time to time;
(c) establishing a maximum number of King’s Counsel in relation to the number of members of the Bar;
(d) respecting the qualifications of persons to be appointed as King’s Counsel;
(e) respecting procedures to be followed in recommending appointments of King’s Counsel;
(f) generally, for the better administration of this Act.
1981, c.66, s.1; 1984, c.29, s.2; 1987, c.6, s.94; 2023, c.17, s.226
N.B. This Act was proclaimed and came into force March 1, 2013.
N.B. This Act is consolidated to June 16, 2023.