Acts and Regulations

2023-67 - Judicature Act

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NEW BRUNSWICK
REGULATION 2023-67
under the
Judicature Act
2023-250
Provincial Offences Procedure Act
2023-250
Filed December 14, 2023
1Rule 7 of the Rules of Court of New Brunswick, “PARTIES UNDER DISABILITY”, New Brunswick Regulation 82-73 under the Judicature Act and the Provincial Offences Procedure Act is amended
(a) in subrule .01 of Rule 7
(i) by repealing clause (c) and substituting the following:
(c) a person for whom a representative has been appointed under the Supported Decision-Making and Representation Act, by the representative,
(ii) by repealing clause (d) and substituting the following:
(d) a person who lacks the capacity to make decisions with respect to the proceeding but for whom a representative has not been appointed, by a litigation guardian, and
(b) in subclause .03(2)(b)(i) of Rule 7 by striking out “committee or litigation guardian” and substituting “committee, representative or litigation guardian”;
(c) in the heading “Powers and Duties of Litigation Guardian or Committee” preceding subrule .04 of Rule 7 by striking out “Litigation Guardian or Committee” and substituting “Litigation Guardian, Representative or Committee”;
(d) in subrule .04 of Rule 7
(i) in paragraph (1) by striking out “litigation guardian or committee” and substituting “litigation guardian, representative or committee”;
(ii) in paragraph (2) by striking out “litigation guardian or committee” wherever it appears and substituting “litigation guardian, representative or committee”;
(iii) in paragraph (3) by striking out “litigation guardian or committee” and substituting “litigation guardian, representative or committee”;
(e) in the heading “Removal or Substitution of Litigation Guardian or Committee” preceding subrule .05 of Rule 7 by striking out “Litigation Guardian or Committee” and substituting “Litigation Guardian, Representative or Committee”;
(f) by repealing clause .05(1)(b) of Rule 7 and substituting the following:
(b) a party under any other disability for whom a litigation guardian, representative or committee has been acting ceases to be under such disability, the party’s litigation guardian, representative or committee may apply on motion to the court without notice to any of the other parties to the proceeding for an order to continue the proceeding without the litigation guardian, representative or committee.
(g) in paragraph .06(3) of Rule 7
(i) in clause (a) by striking out “committee or litigation guardian” and substituting “litigation guardian, representative or committee”;
(ii) in clause (b) by striking out “committee or litigation guardian” and substituting “litigation guardian, representative or committee”.
2Subrule .02 of Rule 18 of the Rules of Court, “SERVICE OF PROCESS”, is amended
(a) by repealing the heading “Mental Incompetent” preceding clause .02(1)(j) of Rule 18 and substituting the following:
Persons with a Representative, Committee or Lack of Capacity
(b) by repealing clause .02(1)(j) of Rule 18 and substituting the following:
(j) on a person of whose estate the Public Trustee is the committee by virtue of the Mental Health Act, by leaving a copy of the document with the committee; on a person for whom a representative has been appointed under the Supported Decision-Making and Representation Act, by leaving a copy of the document with the representative; on a person who lacks the capacity to make decisions with respect to the proceeding but for whom a representative has not been appointed, by leaving a copy of the document with the person and with the person in whose care the person resides;
3Paragraph .02(5) of Rule 32 of the Rules of Court, “EXAMINATION FOR DISCOVERY”, is amended by striking out “litigation guardian or committee” and substituting “litigation guardian, representative or committee”.
4Rule 71 of the Rules of Court, “PROCEEDINGS CONCERNING INFIRM PERSONS” is repealed.
5The Rules of Court are amended by adding before Rule 72, “DIVORCE PROCEEDINGS”, the attached Rule 71.1, “PROCEEDINGS UNDER THE SUPPORTED DECISION-MAKING AND REPRESENTATION ACT”.
6Clause .01(2)(b) of Rule 81 of the Rules of Court, “FAMILY LAW RULE IN JUDICIAL DISTRICTS WITH A CASE MANAGEMENT MODEL”, is repealed and the following is substituted:
(b) proceedings commenced under the Supported Decision-Making and Representation Act.
7Form 7C of the Appendix of Forms to the Rules of Court is amended
(a) by striking out “(a minor or a person who is mentally incompetent or a person who is incapable of managing his own affairs)” and substituting “(a minor or a person who lacks capacity to make decisions with respect to the proceeding)”;
(b) by striking out “or to the guardian or committee of the estate” and substituting “or to the guardian or representative”.
8The Appendix of Forms to the Rules of Court is amended by adding the attached Forms 71.1A, 71.1B and 71.1C before Form 72A.
9This Rule comes into force on January 1, 2024.