Acts and Regulations

J-2 - Judicature Act

Section 2
Disposition versions

Full text
Court of Appeal and Court of King’s Bench
2023, c.17, s.129
2(1)The Supreme Court of New Brunswick as constituted before September 4, 1979, shall be continued as courts of record under the names of The Court of Appeal of New Brunswick and The Court of Queen’s Bench of New Brunswick.
2(1.1)On September 8, 2022, The Court of Queen’s Bench of New Brunswick is continued as a court of record under the name The Court of King’s Bench of New Brunswick.
2(2)The Court of Appeal shall consist of the Chief Justice of New Brunswick, five other judges, any former judge of the Court of Appeal who is a supernumerary judge and any former Chief Justice of New Brunswick who is a judge or a supernumerary judge.
2(3)The Court of King’s Bench shall consist of the Chief Justice of the Court of King’s Bench, not more than twenty-five other judges, any former judge of the Court of King’s Bench who is a supernumerary judge and any former Chief Justice of the Court of King’s Bench who is a judge or a supernumerary judge.
2(3.1)The Court of King’s Bench may include one or two Associate Chief Justices who shall be counted in the number of judges authorized under subsection (3).
2(4)The Court of King’s Bench shall consist of two divisions, namely:
(a) the Trial Division, and
(b) the Family Division.
2(4.1)Of the judges of the Court of King’s Bench eleven shall be judges of the Family Division.
2(4.2)A judge of the Family Division is ex officio a judge of the Trial Division, and the Chief Justice of the Court of King’s Bench may from time to time direct that any judge of the Family Division hear and determine proceedings brought in the Trial Division.
2(4.3)The Chief Justice of the Court of King’s Bench may hear and determine proceedings brought in the Trial Division or the Family Division and for such purposes the Chief Justice of the Court of King’s Bench is a judge of the Trial Division or the Family Division, as the case may be.
2(5)For each office of judge established under subsections (2) and (3), there is the additional office of supernumerary judge that any judge of the Courts may elect to hold upon compliance with and upon meeting the qualifications under the Judges Act, chapter J-1 of the Revised Statutes of Canada, 1970.
2(6)For each office of Chief Justice established under subsections (2) and (3), there is established the additional office of judge that a Chief Justice may elect to hold upon compliance with and upon meeting the qualifications under the Judges Act, chapter J-1 of the Revised Statutes of Canada, 1970.
R.S., c.120, s.2; 1954, c.49, s.1; 1958, c.43, s.1; 1963 (2nd Sess.), c.24, s.1; 1965, c.23, s.1; 1966, c.70, s.2; 1971, c.42, s.1; 1973, c.53, s.2; 1975, c.32, s.1; 1978, c.32, s.2; 1979, c.36, s.1, 3; 1981, c.36, s.2; 1982, c.34, s.1; 1983, c.43, s.3; 1985, c.32, s.1; 1987, c.6, s.48; 2001, c.29, s.2; 2008, c.30, s.1; 2023, c.17, s.129
Court of Appeal and Court of Queen's Bench
2(1)The Supreme Court of New Brunswick as constituted before September 4, 1979, shall be continued as courts of record under the names of The Court of Appeal of New Brunswick and The Court of Queen’s Bench of New Brunswick.
2(2)The Court of Appeal shall consist of the Chief Justice of New Brunswick, five other judges, any former judge of the Court of Appeal who is a supernumerary judge and any former Chief Justice of New Brunswick who is a judge or a supernumerary judge.
2(3)The Court of Queen’s Bench shall consist of the Chief Justice of the Court of Queen’s Bench, not more than twenty-five other judges, any former judge of the Court of Queen’s Bench who is a supernumerary judge and any former Chief Justice of the Court of Queen’s Bench who is a judge or a supernumerary judge.
2(3.1)The Court of Queen’s Bench may include one or two Associate Chief Justices who shall be counted in the number of judges authorized under subsection (3).
2(4)The Court of Queen’s Bench shall consist of two divisions, namely:
(a) the Trial Division, and
(b) the Family Division.
2(4.1)Of the judges of the Court of Queen’s Bench eleven shall be judges of the Family Division.
2(4.2)A judge of the Family Division is ex officio a judge of the Trial Division, and the Chief Justice of the Court of Queen’s Bench may from time to time direct that any judge of the Family Division hear and determine proceedings brought in the Trial Division.
2(4.3)The Chief Justice of the Court of Queen’s Bench may hear and determine proceedings brought in the Trial Division or the Family Division and for such purposes the Chief Justice of the Court of Queen’s Bench is a judge of the Trial Division or the Family Division, as the case may be.
2(5)For each office of judge established under subsections (2) and (3), there is the additional office of supernumerary judge that any judge of the Courts may elect to hold upon compliance with and upon meeting the qualifications under the Judges Act, chapter J-1 of the Revised Statutes of Canada, 1970.
2(6)For each office of Chief Justice established under subsections (2) and (3), there is established the additional office of judge that a Chief Justice may elect to hold upon compliance with and upon meeting the qualifications under the Judges Act, chapter J-1 of the Revised Statutes of Canada, 1970.
R.S., c.120, s.2; 1954, c.49, s.1; 1958, c.43, s.1; 1963 (2nd Sess.), c.24, s.1; 1965, c.23, s.1; 1966, c.70, s.2; 1971, c.42, s.1; 1973, c.53, s.2; 1975, c.32, s.1; 1978, c.32, s.2; 1979, c.36, s.1, 3; 1981, c.36, s.2; 1982, c.34, s.1; 1983, c.43, s.3; 1985, c.32, s.1; 1987, c.6, s.48; 2001, c.29, s.2; 2008, c.30, s.1
Court of Appeal and Court of Queen's Bench
2(1)The Supreme Court of New Brunswick as constituted before September 4, 1979, shall be continued as courts of record under the names of The Court of Appeal of New Brunswick and The Court of Queen’s Bench of New Brunswick.
2(2)The Court of Appeal shall consist of the Chief Justice of New Brunswick, five other judges, any former judge of the Court of Appeal who is a supernumerary judge and any former Chief Justice of New Brunswick who is a judge or a supernumerary judge.
2(3)The Court of Queen’s Bench shall consist of the Chief Justice of the Court of Queen’s Bench, not more than twenty-five other judges, any former judge of the Court of Queen’s Bench who is a supernumerary judge and any former Chief Justice of the Court of Queen’s Bench who is a judge or a supernumerary judge.
2(4)The Court of Queen’s Bench shall consist of two divisions, namely:
(a) the Trial Division, and
(b) the Family Division.
2(4.1)Of the judges of the Court of Queen’s Bench eleven shall be judges of the Family Division.
2(4.2)A judge of the Family Division is ex officio a judge of the Trial Division, and the Chief Justice of the Court of Queen’s Bench may from time to time direct that any judge of the Family Division hear and determine proceedings brought in the Trial Division.
2(4.3)The Chief Justice of the Court of Queen’s Bench may hear and determine proceedings brought in the Trial Division or the Family Division and for such purposes the Chief Justice of the Court of Queen’s Bench is a judge of the Trial Division or the Family Division, as the case may be.
2(5)For each office of judge established under subsections (2) and (3), there is the additional office of supernumerary judge that any judge of the Courts may elect to hold upon compliance with and upon meeting the qualifications under the Judges Act, chapter J-1 of the Revised Statutes of Canada, 1970.
2(6)For each office of Chief Justice established under subsections (2) and (3), there is established the additional office of judge that a Chief Justice may elect to hold upon compliance with and upon meeting the qualifications under the Judges Act, chapter J-1 of the Revised Statutes of Canada, 1970.
R.S., c.120, s.2; 1954, c.49, s.1; 1958, c.43, s.1; 1963 (2nd Sess.), c.24, s.1; 1965, c.23, s.1; 1966, c.70, s.2; 1971, c.42, s.1; 1973, c.53, s.2; 1975, c.32, s.1; 1978, c.32, s.2; 1979, c.36, s.1, 3; 1981, c.36, s.2; 1982, c.34, s.1; 1983, c.43, s.3; 1985, c.32, s.1; 1987, c.6, s.48; 2001, c.29, s.2; 2008, c.30, s.1
Continuation of the Supreme Court
2(1)The Supreme Court of New Brunswick as constituted before September 4, 1979, shall be continued as courts of record under the names of The Court of Appeal of New Brunswick and The Court of Queen’s Bench of New Brunswick.
Continuation of the Supreme Court
2(2)The Court of Appeal shall consist of the Chief Justice of New Brunswick, five other judges, any former judge of the Court of Appeal who is a supernumerary judge and any former Chief Justice of New Brunswick who is a judge or a supernumerary judge.
Composition of Court of Queen’s Bench
2(3)The Court of Queen’s Bench shall consist of the Chief Justice of the Court of Queen’s Bench, not more than twenty-five other judges, any former judge of the Court of Queen’s Bench who is a supernumerary judge and any former Chief Justice of the Court of Queen’s Bench who is a judge or a supernumerary judge.
Composition of Court of Queen’s Bench
2(4)The Court of Queen’s Bench shall consist of two divisions, namely:
(a) the Trial Division, and
(b) the Family Division.
Jurisdiction of judges
2(4.1)Of the judges of the Court of Queen’s Bench eleven shall be judges of the Family Division.
Jurisdiction of judges
2(4.2)A judge of the Family Division is ex officio a judge of the Trial Division, and the Chief Justice of the Court of Queen’s Bench may from time to time direct that any judge of the Family Division hear and determine proceedings brought in the Trial Division.
Jurisdiction of judges
2(4.3)The Chief Justice of the Court of Queen’s Bench may hear and determine proceedings brought in the Trial Division or the Family Division and for such purposes the Chief Justice of the Court of Queen’s Bench is a judge of the Trial Division or the Family Division, as the case may be.
Supernumerary judge
2(5)For each office of judge established under subsections (2) and (3), there is the additional office of supernumerary judge that any judge of the Courts may elect to hold upon compliance with and upon meeting the qualifications under the Judges Act, chapter J-1 of the Revised Statutes of Canada, 1970.
Additional office of judge for each Chief Justice
2(6)For each office of Chief Justice established under subsections (2) and (3), there is established the additional office of judge that a Chief Justice may elect to hold upon compliance with and upon meeting the qualifications under the Judges Act, chapter J-1 of the Revised Statutes of Canada, 1970.
R.S., c.120, s.2; 1954, c.49, s.1; 1958, c.43, s.1; 1963(2nd Sess.), c.24, s.1; 1965, c.23, s.1; 1966, c.70, s.2; 1971, c.42, s.1; 1973, c.53, s.2; 1975, c.32, s.1; 1978, c.32, s.2; 1979, c.36, s.1, 3; 1981, c.36, s.2; 1982, c.34, s.1; 1983, c.43, s.3; 1985, c.32, s.1; 1987, c.6, s.48; 2001, c.29, s.2; 2008, c.30, s.1
Continuation of the Supreme Court
2(1)The Supreme Court of New Brunswick as constituted before September 4, 1979, shall be continued as courts of record under the names of The Court of Appeal of New Brunswick and The Court of Queen’s Bench of New Brunswick.
Continuation of the Supreme Court
2(2)The Court of Appeal shall consist of the Chief Justice of New Brunswick, five other judges, any former judge of the Court of Appeal who is a supernumerary judge and any former Chief Justice of New Brunswick who is a judge or a supernumerary judge.
Composition of Court of Queen’s Bench
2(3)The Court of Queen’s Bench shall consist of the Chief Justice of the Court of Queen’s Bench, not more than twenty-five other judges, any former judge of the Court of Queen’s Bench who is a supernumerary judge and any former Chief Justice of the Court of Queen’s Bench who is a judge or a supernumerary judge.
Composition of Court of Queen’s Bench
2(4)The Court of Queen’s Bench shall consist of two divisions, namely:
(a) the Trial Division, and
(b) the Family Division.
Jurisdiction of judges
2(4.1)Of the judges of the Court of Queen’s Bench eight shall be judges of the Family Division.
Jurisdiction of judges
2(4.2)A judge of the Family Division is ex officio a judge of the Trial Division, and the Chief Justice of the Court of Queen’s Bench may from time to time direct that any judge of the Family Division hear and determine proceedings brought in the Trial Division.
Jurisdiction of judges
2(4.3)The Chief Justice of the Court of Queen’s Bench may hear and determine proceedings brought in the Trial Division or the Family Division and for such purposes the Chief Justice of the Court of Queen’s Bench is a judge of the Trial Division or the Family Division, as the case may be.
Supernumerary judge
2(5)For each office of judge established under subsections (2) and (3), there is the additional office of supernumerary judge that any judge of the Courts may elect to hold upon compliance with and upon meeting the qualifications under the Judges Act, chapter J-1 of the Revised Statutes of Canada, 1970.
Additional office of judge for each Chief Justice
2(6)For each office of Chief Justice established under subsections (2) and (3), there is established the additional office of judge that a Chief Justice may elect to hold upon compliance with and upon meeting the qualifications under the Judges Act, chapter J-1 of the Revised Statutes of Canada, 1970.
R.S., c.120, s.2; 1954, c.49, s.1; 1958, c.43, s.1; 1963(2nd Sess.), c.24, s.1; 1965, c.23, s.1; 1966, c.70, s.2; 1971, c.42, s.1; 1973, c.53, s.2; 1975, c.32, s.1; 1978, c.32, s.2; 1979, c.36, s.1, 3; 1981, c.36, s.2; 1982, c.34, s.1; 1983, c.43, s.3; 1985, c.32, s.1; 1987, c.6, s.48; 2001, c.29, s.2