NEWFOUNDLAND AND LABRADOR
REGULATION 43/13

Rules of the Supreme Court, 1986
(Amendment)
under the
Judicature Act

(Filed April 10, 2013)

Under the authority of section 55 of the Judicature Act, the Rules Committee of the Trial Division makes the following Rules.

Dated at St. John's, April 2, 2013.

Darlene Wells
for the Registrar of the Supreme Court
Secretary, Rules Committee

REGULATIONS

Analysis

        1.   Rule 56A.04 Amdt.
Who may access court records

 

        1. (1) Rule 56A.04(1) of the Rules of the Supreme Court, 1986 is repealed and the following substituted:

Who may access court records

56A.04.  (1) The court's record of a family law proceeding, including exhibits,

             (a)  that is closed under rule 56A.03 or by virtue of an order or a statutory provision may only be accessed by a party, a party's lawyer, court staff or a judge, unless an order permitting access is made following an application made with notice to the parties;

             (b)  that is not closed under paragraph (a) may be accessed by

                      (i)  a party, a party's lawyer, an officer of the court or a judge;

                     (ii)  a person other than those referred to in (b)(i) only if an order permitting access is made following an application made with notice to the parties.

          (1.1)  An order made under paragraph (1)(a) or (b)(ii) shall be made on whatever terms the court considers just and the terms may include

             (a)  redaction of personal data identifiers and personal information;

             (b)  the requirement that the applicant sign an undertaking to keep information obtained from the court's record in confidence before giving them access.

             (2)  Rule 56A.04(3) of the Rules of the Supreme Court, 1986  is repealed.

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