2(1)The Lieutenant-Governor in Council may, on the recommendation of the Minister, appoint the justices of the peace that are considered necessary.

2(2)A justice of the peace shall be a practising member in good standing of the Law Society of New Brunswick but is not allowed to practise as a barrister or solicitor in the Provincial Court, The Court of King’s Bench of New Brunswick or The Court of Appeal of New Brunswick during the justice of the peace’s term of office.

2(3)Before taking office as a justice of the peace, a person shall, before the chief judge, take and subscribe an oath of office or make and subscribe an affirmation of office to truly and faithfully discharge the duties of the office.

2(4)A certificate of the oath or affirmation having been duly administered, signed by the chief judge shall be forwarded without delay to the Minister.

2(5)A justice of the peace shall be appointed for a term of up to ten years and is eligible for reappointment.

3(1)Subject to any limits prescribed by regulation, a justice of the peace may exercise the jurisdiction of a judge

3(2)A justice of the peace has the authority to act throughout the Province.

5(1)Justices of the peace are under the direction of the chief judge, who shall direct and supervise the assignment of duties to justices of the peace.

5(2)The chief judge may delegate any duty imposed on the chief judge under this Act to the associate chief judge.

8(1)A justice of the peace who resigns or retires after starting to hear a matter remains seized of the matter after the effective date of the resignation or retirement until the matter is concluded or for a period of 12 weeks, whichever occurs first.

8(2)During the period referred to in subsection (1), the justice of the peace may

9(1)Subject to the Criminal Code (Canada), the chief judge may set down a matter for a rehearing by another justice of the peace or by a judge if the justice of the peace hearing the matter

9(2)A justice of the peace or judge, as the case may be, assigned to rehear a matter under subsection (1)

10(1)The Lieutenant-Governor in Council may, on the recommendation of the Minister, designate a chief justice of the peace for a term not exceeding ten years from among the justices of the peace appointed under section 2.

10(2)The chief justice of the peace shall assist the chief judge with the chief judge’s responsibilities under this Act.

10(3)A chief justice of the peace is eligible to be redesignated.

10(4)The term of office of a chief justice of the peace shall not exceed the term remaining in their term of office as a justice of the peace.

10(5)If the term of office of a chief justice of the peace expires and the justice of the peace is not redesignated, they may continue to act as a justice of the peace for the term remaining in their term of office as a justice of the peace.

11(1)The Minister may appoint a person as a relief justice of the peace for a term of up to one year if

11(2)A relief justice of the peace shall be a practising member in good standing of the Law Society of New Brunswick but is not allowed to practise as a barrister or solicitor in the Provincial Court, The Court of King’s Bench of New Brunswick or The Court of Appeal of New Brunswick during the relief justice of the peace’s term of office.

11(3)Before taking office as a relief justice of the peace, a person shall, before the chief judge, take and subscribe an oath of office or make and subscribe an affirmation of office to truly and faithfully discharge the duties of the office.

11(4)A certificate of the oath or affirmation having been duly administered, signed by the chief judge, shall be forwarded without delay to the Minister.

11(5)A relief justice of the peace is deemed to be a justice of the peace and may exercise all the powers of a justice of the peace appointed under section 2.

13(1)The chief judge may review, at any time, with or without a complaint under subsection (2) having been made, any matter respecting the misconduct, neglect of duty or inability to perform the duties of a justice of the peace and may refer the matter in writing to the chair of the Judicial Council.

13(2)Any person may make a complaint against a justice of the peace alleging the misconduct, neglect of duty or inability to perform duties of the justice of the peace by making a complaint, in writing, to the chief judge who shall review the complaint.

13(3)On receiving a complaint, the chief judge may designate another judge to review and make recommendations to the chief judge on how the complaint should be dealt with.

13(4)If the chief judge considers it appropriate, the chief judge may reassign a justice of the peace who is the subject of a complaint to administrative duties or to a different place until the complaint is finally disposed of.

13(5) When a matter is referred to the chair of the Judicial Council without a complaint having been made, the chair shall appoint a review committee to conduct an inquiry, and the matter shall be deemed to be a complaint made under subsection (2) for the purposes of the review committee.

14(1)The chief judge may suspend a justice of the peace whose conduct is in question from the performance of the justice of the peace’s duties with pay, on the terms and conditions the chief judge determines, pending the resolution of a complaint, review, inquiry or formal hearing, and may revoke the suspension before the outcome of the review, complaint, inquiry or formal hearing, as the case may be, when a change in circumstances warrants the revocation of the suspension.

14(2)Within ten business days after suspending a justice of the peace, the chief judge shall request the chair of the Judicial Council to review the circumstances giving rise to the suspension, and the chair may confirm, vary or revoke the suspension.

15(1)When a complaint is made to the chief judge under subsection 13(2), the chief judge shall review the complaint and

15(2)If an attempt to resolve a complaint under paragraph (1)(b) fails, the chief judge shall refer the complaint to the chair of the Judicial Council who shall

15(3)Any discussions between the chief judge and the justice of the peace whose conduct is in question respecting the complaint are confidential and shall not be disclosed by the chief judge to the Judicial Council.

15(4)The chief judge shall complete the review of a complaint and provide to the complainant and the justice of the peace whose conduct is in question a copy of the written reasons of the chief judge’s decision within 20 business days after the date the complaint is made.

15(5)If the chief judge dismisses a complaint under paragraph (1)(a), the complainant may request that the complaint be referred to the chair of the Judicial Council for review under section 16.

16(1)On reviewing the recommendations of the chief judge referred to in paragraph 15(1)(c), the chair of the Judicial Council shall

16(2)On reviewing a decision of the chief judge under subsection 15(5), the chair of the Judicial Council shall

16(3)The chair of the Judicial Council shall

17(1)A review committee appointed by the chair of the Judicial Council to conduct an inquiry under this Act shall consist of three members of the Judicial Council, one of whom shall be a person appointed by the Lieutenant-Governor in Council under paragraph 6.1(1)(e) of the Provincial Court Act, and one member shall be designated by the chair of the Judicial Council to serve as the chair of the committee.

17(2)The chair of the review committee shall appoint a member of the Law Society of New Brunswick to act as counsel to the review committee.

17(3)The appointment of the counsel to the review committee may be revoked at any time, and another member of the Law Society of New Brunswick may be appointed as a replacement.

17(4)Before appointing a member of the Law Society of New Brunswick to act as counsel, the chair of the review committee shall obtain approval of the Minister for the professional fees and disbursements to be paid to the member of the Law Society of New Brunswick.

17(5)When a review committee is deciding any matter

17(6)For the purposes of an inquiry, the chair of the review committee may, by summons, require the attendance before the review committee of any person whose evidence may be material to the subject of the inquiry and may order any person to produce any papers and documents that appear necessary.

17(7)A person summoned under subsection (6) shall attend and answer all questions put by the counsel to the review committee respecting the subject of the inquiry and shall produce any papers and documents that the counsel to the review committee requires.

17(8)When a person summoned under subsection (6) fails to comply with the requirements of subsection (7), the provisions of section 6 of the Inquiries Act apply with the necessary modifications.

17(9)The counsel to the review committee shall inquire into the allegations of misconduct, neglect of duty or inability to perform the duties of a justice of the peace whose conduct is in question for the purpose of gathering all information that may be relevant and present their findings to the review committee.

17(10)Following its review of the findings of counsel, a review committee may

17(11)When a complaint is dismissed by a review committee, the review committee shall advise the chair of the Judicial Council that no further action shall be taken and shall give written reasons for its decision and provide the reasons to the complainant and the justice of the peace whose conduct is in question.

17(12)When a complaint is not referred by a review committee to a formal hearing before the Judicial Council, the review committee shall report to the chair of the Judicial Council its findings as to the allegations of misconduct, neglect of duty or inability to perform the duties of the justice of the peace whose conduct is in question.

17(13)The determinations and findings of a review committee referred to in subsections (11) and (12) are not subject to review by the Judicial Council.

17(14)A review committee shall complete the inquiry and make its decision within 30 business days after the date the committee is appointed.

18(1)When a complaint is referred by a review committee for a formal hearing before the Judicial Council, the Judicial Council shall conduct a formal hearing respecting the allegations set forth in the complaint, and it has all the powers of a commissioner under the Inquiries Act.

18(2) A formal hearing shall begin no later than 20 business days after the date the chair of the Judicial Council receives the referral under paragraph 17(10)(c).

18(3)Notice of the formal hearing together with a copy of the complaint shall be served on the justice of the peace whose conduct is in question in accordance with the regulations.

18(4)The counsel to the review committee may act as the prosecutor at the formal hearing.

18(5)A formal hearing shall be held in private unless the justice of the peace whose conduct is in question requests that it be held in public or the Judicial Council determines that there are compelling reasons in the public interest that it be held in public.

18(6)A quorum of the Judicial Council for a formal hearing shall be determined in accordance with section 6.56 of the Provincial Court Act.

19(1)Following a formal hearing, the Judicial Council shall

19(2)The Judicial Council may impose on a justice of the peace whose conduct is in question any one or more of the following sanctions it considers appropriate in the circumstances:

19(3)When a recommendation is made to the Lieutenant-Governor in Council under paragraph (1)(c), the Judicial Council may suspend the justice of the peace whose conduct is in question or may continue a suspension until the justice of the peace is removed from office.

19(4)A decision of the Judicial Council made under this section shall be in writing and provided to the complainant and the justice of the peace whose conduct is in question.

19(5)The chair of the Judicial Council may request that any person involved with a specified measure taken by a justice of the peace under an order referred to in paragraph (2)(e) provide an update on the progress made by the justice of the peace.