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Acts and Regulations

2026-1 - Judicature Act

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NEW BRUNSWICK

REGULATION 2026-1

under the

Judicature Act

(O.C. 2026-3)

Provincial Offences Procedures Act

(O.C. 2026-3)

Filed January 22, 2026

1Paragraph .07(1) of Rule 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 by striking out “child” and substituting “child or youth”.

2Subrule .17 of Rule 73 is amended

(a) in paragraph (1)

(i) in clause (d) by striking out “child” and substituting “child or youth”;

(ii) in clause (e) by striking out “child” and substituting “child or youth”;

(iii) by repealing clause (f) and substituting the following:

(f) where the person to be adopted is under the age of majority,

(i) the written consent of the parent verified by an affidavit of a subscribing witness, or

(ii) where the guardianship of the child or youth to be adopted has been transferred to the Minister of Social Development by a guardianship agreement or a guardianship order, the written consent of the Minister of Social Development verified by an affidavit of a subscribing witness;

(iv) in clause (h) by striking out “child” wherever it appears and substituting “child or youth”;

(v) in clause (i) by striking out “child” wherever it appears and substituting “child or youth”;

(b) in paragraph (2) by striking out “Where a natural parent wishes to preserve the right of the child to inherit from him or his kindred, he” and substituting “If a parent wishes to preserve the right of the child or youth to inherit from the parent or the parent’s immediate family, the parent”;

73.17(3)A child or youth shall be identified in an adoption order by the child or youth’s given names in full followed by the first letter of the child or youth’s surname and birth registration number, if any.

3Paragraph .22(1) of Rule 73 is amended by adding after clause (f) the following:

(f.1) give leave to amend a pleading in accordance with Rule 27.10,

4Rule 73 is amended by adding after subrule .22 the following:

Adjudicators – Jurisdiction in Proceedings under Part 3 of the Family Services Act

73.22.1(1)Except if inconsistent with this rule, in a proceeding commenced before an adjudicator under Part 3 of the Family Services Act, the adjudicator may

(a) dispense with compliance with a rule in accordance with Rule 2.01 or give directions in accordance with Rule 2.04,

(b) extend or abridge time prescribed in accordance with Rule 3.02,

(c) give leave to use or file an affidavit in accordance with Rule 4.05 or direct that an electronic version of a document be filed in accordance with Rule 4.06,

(d) appoint or substitute a person as a litigation guardian in accordance with Rule 7,

(e) remove a solicitor from the record in accordance with Rule 17.04 or provide directions in accordance with Rule 17.05,

(f) make an order for substituted service in accordance with Rule 18.04 or order that service be validated in accordance with Rule 18.09,

(g) give leave to amend a pleading in accordance with Rule 27.10,

(h) make orders in accordance with Rule 37 respecting procedures on motions or preliminary motions,

(i) make orders in accordance with Rule 38 respecting procedures on applications, except for an order to dismiss an application in accordance with Rule 38.09,

(j) make orders in accordance with Rule 39 respecting evidence on motions or applications,

(k) make orders in accordance with Rule 52 respecting expert witnesses,

(l) make orders in accordance with Rule 59 respecting costs between parties, and

(m) dispose of a motion in accordance with Rule 60.01 or give an order or decision directing judgment in accordance with Rule 60.02.

73.22.1(2)An adjudicator may, at any time, order the transfer of a proceeding commenced before the adjudicator under this rule to a judge.

5Subrule .23 of Rule 73 is amended

(a) in paragraph (1) by striking out “Child and Youth Well-Being Act” and substituting “Child and Youth Well-Being Act or Part 3 of the Family Services Act”;

(b) by repealing clause (2)(d) and substituting the following:

(d) a copy of,

(i) in the case of a proceeding under Part 5 of the Child and Youth Well-Being Act, the Notice of Application (Form 73F), Family Circumstances Summary (Form 73G) and Response to a Notice of Application (Form 73H), if any, or

(ii) in the case of a proceeding under Part 3 of the Family Services Act, the Notice of Application (Form 73A) and any affidavits or other evidence relevant to the appeal.

6Form 73F of the Appendix of Forms to the Rules of Court is repealed and the attached Form 73F is substituted.

7Form 73G of the Appendix of Forms to the Rules of Court is repealed and the attached Form 73G is substituted.

8Form 73H of the Appendix of Forms to the Rules of Court is repealed and the attached Form 73H is substituted.

9Form 73I of the Appendix of Forms to the Rules of Court is repealed and the attached Form 73I is substituted.