2021 Bill 53

	53


First Session, 50th General Assembly 71 Elizabeth II, 2022
BILL 53
AN ACT TO AMEND THE JUDICATURE ACT
Received and Read the First Time................................................................
Second Reading............................................................................................
Committee.....................................................................................................
Third Reading...............................................................................................
Royal Assent.................................................................................................
HONOURABLE JOHN HOGAN, QC Minister of Justice and Public Safety and Attorney General
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Judicature Act to

· remove the provision in the Act that prescribes the specific number of judges of the Supreme Court;

· authorize the Lieutenant-Governor in Council to make regulations prescribing the number of judges of the Supreme Court; and

· incorporate gender-neutral language.

A BILL

AN ACT TO AMEND THE JUDICATURE ACT

Analysis

1. S.21 Amdt.
Supreme Court

2. S.22 Amdt.
Judicial centres

3. S.31 Amdt.
Retired judge's reserved decision

4. S.43.01 Added
Regulations

5. S.43.9 Amdt.
Jurisdiction of court

6. S.49 Amdt.
Powers of the Chief Justice

7. S.58 Amdt.
Council of judges

8. S.59.1 Amdt.
Chief Executive Officer

9. S.60.1 Amdt.
Powers of staff who perform a registry function

10. S.60.2 Amdt.
Taxing officers

11. S.66 Amdt.
Discharge of liability

12. S.69 Amdt.
Unclaimed money

13. S.70 Amdt.
Persons entitled to money

14. S.114 Amdt.
Caveat

15. S.120 Amdt.
Security

16. S.131 Amdt.
Notification of certain creditors

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cJ-4
as amended

1. Paragraph 21(1)(c) of the Judicature Act is repealed and the following substituted:

2. (1) Section 22 of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the judge's".

(2) Subsection 22(1) of the Act is amended by deleting the words "Grand Falls" and substituting the words "Grand Falls-Windsor".

3. Subsection 31(1) of the Act is amended by deleting the words "his or her" and substituting the word "the".

4. The Act is amended by adding immediately after section 43 the following:

Regulations

43.01 The Lieutenant-Governor in Council may make regulations prescribing the number of judges for the purpose of paragraph 21(1)(c).

5. Subsection 43.9(5) of the Act is repealed and the following substituted:

(5) In relation to a proceeding otherwise before a judge of the Family Division, the judge has jurisdiction to vary or terminate an emergency protection order issued under section 5 of the Family Violence Protection Act.

6. Section 49 of the Act is amended by

(a) deleting the words "his or her" and substituting the words "the Chief Justice's"; and

(b) deleting the words "he or she" and substituting the words "the Associate Chief Justice".

7. Subsection 58(1) of the Act is amended by deleting the words "he or she" and substituting the words "the chairperson".

8. Subsection 59.1(2) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the Chief Executive Officer's".

9. (1) Subsection 60.1(1) of the Act is amended by deleting the words "his or her" and substituting the words "the clerk's, officer's or employee's".

(2) Subsection 60.1(2) of the Act is amended by deleting the words "his or her" and substituting the words "the clerk's, officer's or employee's".

(3) Subsection 60.1(3) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

(4) Subsection 60.1(4) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

10. Subsection 60.2(2) of the Act is amended by deleting the words "he or she" and substituting the words "the clerk, officer or employee".

11. Subsection 66(1) of the Act is amended by deleting the words "his or her" and substituting the word "the".

12. Paragraph 69(1)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

13. Subsection 70(2) of the Act is amended by deleting the words "him or her" and substituting the words "the person".

14. Section 114 of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

15. Subsection 120(1) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

16. Subsection 131(1) of the Act is amended by deleting the words "his or her" and substituting the words "the executor's or administrator's".