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Acts and Regulations

2018-35 - Judicature Act

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NEW BRUNSWICK

REGULATION 2018-35

under the

Judicature Act

(O.C. 2018-132)

Provincial Offences Procedure Act

(O.C. 2018-132)

Filed May 15, 2018

1Rule 73 of the Rules of Court of New Brunswick, “FAMILY DIVISION”, New Brunswick Regulation 82-73 under the Judicature Act and the Provincial Offences Procedure Act, is amended

(a) by repealing the heading “Proceedings Commenced in the Judicial District of Saint John” preceding subrule .011 of Rule 73 and substituting the following:

Proceedings Commenced in Judicial Districts with a case management model

(b) in subrule .011 of Rule 73

(i) in paragraph (1) of Rule 73.011 by repealing the portion preceding clause (a) and substituting the following:

i(1)This rule applies only to proceedings commenced under the following provisions of the Family Services Act in a Judicial District that has established a case management model for those proceedings:

(ii) in paragraph (3) of Rule 73.011 by striking out “in the Judicial District of Saint John” and substituting “in a Judicial District that has established a case management model for that type of proceeding”.

2Rule 74 of the Rules of Court, “MARITAL PROPERTY ACT APPLICATIONS”, is amended

(a) by repealing the heading “Proceedings Commenced in the Judicial District of Saint John” preceding subrule .011 of Rule 74 and substituting the following:

Proceedings Commenced in Judicial Districts with a case management model

(b) in subrule .02 of Rule 74

(i) in clause (a) of Rule 74.02(2) by striking out “subsection 42(1)” and substituting “subsection 44(1)”;

(ii) in paragraph (3) of Rule 74.02 by striking out “subsection 42(1)” and substituting “subsection 44(1)”;

(i) in paragraph (1) of Rule 74.04 by striking out “subsection 42(4)” and substituting “subsection 44(4)”;

(ii) in clause (c) of Rule 74.04(2) by striking out “subsection 42(4)” and substituting “subsection 44(4)”.

3Rule 81 of the Rules of Court, “FAMILY LAW PILOT PROJECT”, is amended

(a) by repealing the heading “FAMILY LAW PILOT PROJECT RULE 81 FAMILY LAW RULE IN THE JUDICIAL DISTRICT OF SAINT JOHN” preceding Rule 81.01 and substituting the following:

FAMILY LAW CASE MANAGEMENT MODEL

RULE 81

FAMILY LAW RULE IN JUDICIAL DISTRICTS
WITH A CASE MANAGEMENT MODEL

(b) in paragraph (1) of Rule 81.01

(i) in clause (a) by striking out “in the Judicial District of Saint John” and substituting “in any Judicial District that has established a case management model for those proceedings”;

(ii) in clause (b) by striking out “in the Judicial District of Saint John” and substituting “in any Judicial District that has established a case management model for those proceedings”;

(i) by repealing the definition “court” and substituting the following:

“court” means the Family Division of the Court of Queen’s Bench in a Judicial District with a case management model;

(ii) by repealing the definition “judge” and substituting the following:

“judge” means a judge of the Family Division of the Court of Queen’s Bench in a Judicial District with a case management model;

(d) in paragraph (10) of Rule 81.05

(i) in clause (d) by striking out “of Saint John”;

(ii) in clause (g) by striking out “of Saint John”;

(e) in paragraph (1) of Rule 81.22 by striking out “of the Family Division of the Court of Queen’s Bench in the Judicial District of Saint John”.

4Form 81A of the Appendix of Forms to the Rules of Court is amended by striking out “JUDICIAL DISTRICT OF SAINT JOHN” and substituting “JUDICIAL DISTRICT OF . . . . . . . . . . . . . . . . . . . . . . . . .”.

5Form 81B of the Appendix of Forms to the Rules of Court is amended by striking out “JUDICIAL DISTRICT OF SAINT JOHN” and substituting “JUDICIAL DISTRICT OF . . . . . . . . . . . . . . . . . . . . . . . . .”.

6Form 81C of the Appendix of Forms to the Rules of Court is amended by striking out “JUDICIAL DISTRICT OF SAINT JOHN” and substituting “JUDICIAL DISTRICT OF . . . . . . . . . . . . . . . . . . . . . . . . .”.

7Form 81D of the Appendix of Forms to the Rules of Court is amended by striking out “JUDICIAL DISTRICT OF SAINT JOHN” and substituting “JUDICIAL DISTRICT OF . . . . . . . . . . . . . . . . . . . . . . . . .”.

8Form 81E of the Appendix of Forms to the Rules of Court is amended by striking out “JUDICIAL DISTRICT OF SAINT JOHN” and substituting “JUDICIAL DISTRICT OF . . . . . . . . . . . . . . . . . . . . . . . . .”.

9Form 81F of the Appendix of Forms to the Rules of Court is amended by striking out “JUDICIAL DISTRICT OF SAINT JOHN” and substituting “JUDICIAL DISTRICT OF . . . . . . . . . . . . . . . . . . . . . . . . .”.

10Form 81G of the Appendix of Forms to the Rules of Court is amended by striking out “JUDICIAL DISTRICT OF SAINT JOHN” and substituting “JUDICIAL DISTRICT OF . . . . . . . . . . . . . . . . . . . . . . . . .”.

11Form 81H of the Appendix of Forms to the Rules of Court is amended by striking out “JUDICIAL DISTRICT OF SAINT JOHN” and substituting “JUDICIAL DISTRICT OF . . . . . . . . . . . . . . . . . . . . . . . . .”.

12Form 81I of the Appendix of Forms to the Rules of Court is amended by striking out “JUDICIAL DISTRICT OF SAINT JOHN” and substituting “JUDICIAL DISTRICT OF . . . . . . . . . . . . . . . . . . . . . . . . .”.

13Form 81J of the Appendix of Forms to the Rules of Court is amended by striking out “JUDICIAL DISTRICT OF SAINT JOHN” and substituting “JUDICIAL DISTRICT OF . . . . . . . . . . . . . . . . . . . . . . . . .”.

14Form 81K of the Appendix of Forms to the Rules of Court is amended

(a) by striking out “JUDICIAL DISTRICT OF SAINT JOHN” and substituting “JUDICIAL DISTRICT OF . . . . . . . . . . . . . . . . . . . . . . . . .”;

(b) in the portion preceding “DATED at” by striking out “the applicant (or as the case may be),” and substituting “the applicant (or the respondent, as the case may be)”;

(c) in the portion following the signature line by striking out “Applicant (or as the case may be)” and substituting “Applicant (or Respondent, as the case may be)”.

15Form 81L of the Appendix of Forms to the Rules of Court is amended

(a) in the portion preceding “BETWEEN” by striking out “JUDICIAL DISTRICT OF SAINT JOHN” and substituting “JUDICIAL DISTRICT OF . . . . . . . . . . . . . . . . . . . . . . . . .”;

(b) by repealing the portion preceding “The grounds of appeal are as follows:” and substituting the following:

The applicant will apply under Rule 81.22 to _________________________________, judge of the Family Division of The Court of Queen’s Bench of New Brunswick in the Judicial District of ___________________________________________, at ______________________, on the ________ day of _____________, 20_____, at _____ (time) for leave to appeal from the order (or decision) of the Case Management Master dated the _____day of ____________, 20_____. The hearing will be held in _____________________________________________.

(c) in the portion following the signature line by striking out “Applicant (or as the case may be) (or Signature of Applicant (or as the case may be), where not represented by a solicitor)” and substituting “Applicant (or Signature of Applicant, where not represented by a solicitor)”.

16This Rule comes into force on June 1, 2018.