Acts and Regulations

2014, c.131 - Sheriffs Act

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Current to 1 January 2024
2014, c.131
Sheriffs Act
Deposited December 30, 2014
Definitions
1The following definitions apply in this Act.
“deputy sheriff” does not include a sheriff’s officer.(shérif adjoint)
“judicial district” means a judicial district for the Trial Division of The Court of King’s Bench of New Brunswick, as set out under the Judicature Act.(circonscription judiciaire)
“Minister” means the Minister of Public Safety and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
R.S.1973, c.S-8, s.1; 1988, c.11, s.27; 1988, c.42, s.1; 2000, c.26, s.266; 2002, c.21, s.1; 2006, c.16, s.166; 2012, c.39, s.137; 2016, c.37, s.179; 2019, c.2, s.136; 2020, c.25, s.104; 2022, c.28, s.50; 2023, c.17, s.254
Appointment of sheriffs
2(1)The Lieutenant-Governor in Council may appoint a Chief Sheriff for the Province.
2(2)The Chief Sheriff may appoint sheriffs for the Province.
2(3)The Chief Sheriff may appoint deputy sheriffs for the Province.
2(4)All persons appointed under this section are subject to
(a) the Civil Service Act, and
(b) sections 5 and 6 of the Financial Administration Act.
R.S.1973, c.S-8, s.2; 1982, c.60, s.1; 1987, c.6, s.105; 1988, c.42, s.2; 2020, c.17, s.2
Designation of regional sheriffs and sheriffs for judicial districts
3(1)The Minister may designate a sheriff to be a regional sheriff, who shall have, subject to the direction of the Chief Sheriff, general supervision of the sheriffs, deputy sheriffs and sheriff’s officers within one or more regions designated by the Minister and such other duties and powers as may be assigned by the Minister or by the Chief Sheriff.
3(2)The Minister may designate a sheriff to be the sheriff for a judicial district and may designate the same person sheriff for more than one judicial district.
3(3)The Minister may designate a deputy sheriff to be a deputy sheriff for a judicial district and may designate the same person deputy sheriff for more than one judicial district.
3(4)No designation made under this section affects the jurisdiction of a regional sheriff, sheriff or deputy sheriff to act anywhere in the Province.
1981, c.72, s.1; 1988, c.42, s.3
Designation of Deputy Chief Sheriff and other designations
4(1)The Minister may designate a sheriff to be the Deputy Chief Sheriff for the Province, who shall perform such duties as may be assigned by the Minister or by the Chief Sheriff and who, when the position of Chief Sheriff is vacant or when the Chief Sheriff is unable to act by reason of interest, illness, absence or any other cause, shall perform the duties and exercise the powers of the Chief Sheriff.
4(2)When the position of Deputy Chief Sheriff is vacant or the Deputy Chief Sheriff is unable to act by reason of interest, illness, absence or other cause, the Chief Sheriff may designate a regional sheriff or a sheriff to perform the duties and exercise the powers of the Deputy Chief Sheriff.
4(3)When a regional sheriff position is vacant or a regional sheriff is unable to act by reason of interest, illness, absence or other cause, the Chief Sheriff may designate the Deputy Chief Sheriff, a regional sheriff or a sheriff to perform the duties and exercise the powers of the regional sheriff.
4(4)When a sheriff position is vacant or a sheriff is unable to act by reason of interest, illness, absence or other cause, the Chief Sheriff may designate the Deputy Chief Sheriff, a regional sheriff, a sheriff or a deputy sheriff to perform the duties and exercise the powers of the sheriff.
4(5)A designation made under subsection (2), (3) or (4) is valid for the time specified in the designation or until the designation is revoked by the Chief Sheriff, whichever occurs first.
R.S.1973, c.S-8, s.3; 1988, c.42, s.5
Duties of Chief Sheriff
5The Chief Sheriff
(a) is responsible to the Minister for the administration of this Act,
(b) shall act in a supervisory capacity with respect to the Deputy Chief Sheriff, regional sheriffs, sheriffs, deputy sheriffs and sheriff’s officers, and
(c) shall perform such other duties with respect to the office of Deputy Chief Sheriff or the office of regional sheriff, sheriff, deputy sheriff or sheriff’s officer throughout the Province as the Lieutenant-Governor in Council may direct by regulation.
R.S.1973, c.S-8, s.4; 1982, c.60, s.2; 1988, c.42, s.6
Sheriffs are licenced auctioneers
6(1)The Chief Sheriff, the Deputy Chief Sheriff and every regional sheriff, sheriff and deputy sheriff are, by virtue of their office, licensed auctioneers under the Auctioneers Licence Act.
6(2)When holding an auction, the Chief Sheriff, the Deputy Chief Sheriff or a regional sheriff, sheriff or deputy sheriff shall charge the fees prescribed by regulation under this Act.
R.S.1973, c.S-8, s.7; 1988, c.42, s.8
Sheriffs are commissioners for taking affidavits
7The Chief Sheriff, the Deputy Chief Sheriff and every regional sheriff, sheriff and deputy sheriff are, by virtue of their office, commissioners for taking affidavits to be read in The Court of King’s Bench of New Brunswick under the Commissioners for Taking Affidavits Act.
R.S.1973, c.S-8, s.8; 1979, c.41, s.114; 1988, c.42, s.9; 2023, c.17, s.254
Sheriffs are coroners
8The Chief Sheriff, the Deputy Chief Sheriff and every regional sheriff, sheriff and deputy sheriff are, by virtue of their office, coroners for the Province.
R.S.1973, c.S-8, s.9; 1975, c.58, s.1; 1988, c.42, s.10
Security for the Legislative Precinct
2020, c.17, s.2
8.1(1)The following definitions apply in this section.
“Legislative Precinct” means the Parliament Square buildings and grounds at the City of Fredericton, and includes any other buildings or grounds that are used by members of the Legislative Assembly, other than the constituency offices of the members, in carrying out their parliamentary functions.(enceinte de l’Assemblée législative)
“weapon” means a firearm as defined in the Criminal Code (Canada) and anything else that could be used to(arme)
(a) cause death or serious bodily harm to a person, or
(b) threaten or intimidate a person.
8.1(2)The Chief Sheriff, a sheriff or a deputy sheriff may provide security services in the Legislative Precinct.
8.1(3)In carrying out his or her duties under this section, the Chief Sheriff, a sheriff or a deputy sheriff
(a) may have possession of and use of a weapon, and
(b) has and may exercise all the powers, authority, privileges, rights and immunities of a peace officer as defined in the Criminal Code (Canada).
8.1(4)For greater certainty, the Chief Sheriff, a sheriff or a deputy sheriff providing security services in the Legislative Precinct continues to be an employee as defined in the Civil Service Act, and all legislative provisions that apply to him or her generally in his or her employment, as well as all rights and privileges arising from collective agreements entered into under the Public Service Labour Relations Act, apply in his or her work in the Legislative Precinct.
2020, c.17, s.2
References to sheriff responsible for the county
9(1)When in any Act, regulation, rule, order, by-law, proclamation, agreement or other instrument or document reference is made to “the sheriff responsible for the county” or there is a similar reference, the reference shall be read as a reference to the sheriff for the judicial district in which the county in question is situated.
9(2)When a reference described in subsection (1) relates to a county situated in more than one judicial district, the reference means,
(a) when the provision clearly relates to a location that is in the county and is situated in only one judicial district, the sheriff for that judicial district, or
(b) when the provision does not clearly relate to a location that is in the county and is situated in only one judicial district, the sheriff for one of the judicial districts.
1988, c.42, s.4
Residency of sheriff for Judicial District of Saint John
10Despite anything in the Charter of The City of Saint John, it is not necessary for the sheriff for the Judicial District of Saint John to be a freeholder or inhabitant of the city or to reside within three miles of the courthouse in the city.
R.S.1973, c.S-8, s.10; 1988, c.42, s.11
Sheriff’s officer
11(1)The Chief Sheriff may appoint a person to be a sheriff’s officer for one or more specified purposes during a specified period of time, and a sheriff’s officer while carrying out the specified purposes of the appointment has only the duties and powers of a sheriff necessary to carry out those purposes.
11(2)An appointment under subsection (1) may be extended to additional specified purposes and may be renewed for further periods.
11(3)Before performing any of the duties or exercising any of the powers of a sheriff, a sheriff’s officer shall take an oath or make an affirmation as follows:
I, ..............,
of ..............
in the County of ..............,
do swear (or solemnly affirm) that I will faithfully, impartially and honestly perform the duties and exercise the powers and authority of a sheriff’s officer to the best of my ability. (In the case when an oath is taken, add “So help me God”.)
R.S.1973, c.S-8, s.11; 1983, c.4, s.22; 1988, c.42, s.12
Liability of solicitor and client
12The solicitor who issues a process and the party on whose behalf the solicitor is acting are severally liable to the sheriff for executing it.
R.S.1973, c.S-8, s.12
Payment of disbursements
13The sheriff is not bound to effect service, execution or seizure of or under any process of a court unless, if demanded by the sheriff, all reasonably anticipated disbursements are first paid to the sheriff, or an undertaking satisfactory to the sheriff is given for them, by the solicitor issuing the process.
R.S.1973, c.S-8, s.13
Immunity
14Despite that a process of a court or order of a judge is adjudged invalid, void or voidable, if the Chief Sheriff, the Deputy Chief Sheriff or a regional sheriff, sheriff, deputy sheriff or sheriff’s officer has done nothing more than obey the terms of the process or order and has acted without malice, no person shall bring an action against him or her for having taken, detained in custody, imprisoned or discharged from custody any person under the process or order.
R.S.1973, c.S-8, s.14; 1988, c.42, s.13
Regulations
15The Lieutenant-Governor in Council may make regulations
(a) prescribing sheriff’s fees and allowances not otherwise provided by law;
(b) designating areas in which sheriffs and deputy sheriffs are to reside;
(c) prescribing the duties of the Chief Sheriff and regulating the duties of regional sheriffs, sheriffs, deputy sheriffs and sheriff’s officers;
(d) generally for the better administration of this Act.
R.S.1973, c.S-8, s.15; 1988, c.42, s.14
N.B. This Act was proclaimed and came into force February 9, 2015.
N.B. This Act is consolidated to June 16, 2023.