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Statutes of Newfoundland 1997


CHAPTER 43

CHAPTER 43

AN ACT TO AMEND THE JUDICATURE ACT AND THE UNIFIED FAMILY COURT ACT

(Assented to December 19, 1997)

Analysis

JUDICATURE ACT

1. S.21 Amdt.
Trial Division

UNIFIED FAMILY COURT ACT

2. S.2 Amdt.
Interpretation

3. S.4 Amdt.
Judge

4. S.5 Amdt.
Territorial jurisdiction

5. S.6 Amdt.
Jurisdiction of court

6. S.7 Amdt.
Judge may transfer
case

7. S.9 Amdt.
Rules

8. S.10 Amdt.
Standing in court

9. Schedule B Added

10. Commencement

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

JUDICATURE ACT


RSN1990 cJ-4 as amended

1. Section 21 of the Judicature Act is amended by renumbering it as subsection 21(1), by deleting the number "19" and substituting the number "20", by deleting the number "18" and substituting the number "19" and by adding immediately after that subsection the following:

(2) The Chief Justice of the Trial Division shall assign one or more judges appointed under subsection (1) to the Unified Family Court.

UNIFIED FAMILY COURT ACT

RSN1990 cU-3 as amended

2. Paragraph 2(1)(a) of the Unified Family Court Act is repealed and the following substituted:

(a) "expanded service area" means all those portions of the Avalon and Bonavista Peninsulas not included in the judicial area and described in Schedule B;

(a.1) "judicial area" means the area set out in Schedule A; and

3. (1) Subsections 4(1) and (2) of the Act are repealed and the following substituted:

Judge

4. (1) The Chief Justice of the Trial Division shall appoint one or more judges of the Trial Division to be the presiding judges of the Unified Family Court and a presiding judge shall take and sign the following oath or affirmation of office before beginning his or her duties:

"I, _____________________________, do solemnly swear (or solemnly, sincerely and truly declare and affirm) that I will truly and faithfully execute the duties, powers and trusts of a judge presiding over the Unified Family Court to the best of my skill and knowledge." (Where an oath is taken, add "So help me God").

(2) A judge of the Trial Division is a judge of the Unified Family Court but a judge, other than a presiding judge of the Unified Family Court, may not preside over the Unified Family Court except on the request of the Chief Justice of the Trial Division.

(2) Subsection 4(3) of the Act is amended by deleting the word "requests" and substituting the words "so designates" and by adding immediately after the words "Trial Division" the third time they appear the phrase "or on circuit as directed by the Chief Justice of the Trial Division".

(3) Subsection 4(4) of the Act is amended by adding immediately after the words "St. Johnís" the phrase "and clerks and officials on a circuit directed by the Chief Justice of the Trial Division under subsection (3)".

4. (1) Subsection 5(1) of the Act is amended by adding immediately after the word "area" the phrase "or the expanded service area as the Chief Justice of the Trial Division may direct".

(2) Subsection 5(2) of the Act is amended by adding immediately after the word "area" the phrase "or the expanded service area".

5. (1) Section 6 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) The Unified Family Court has and may exercise the powers and duties of the Supreme Court in relation to proceedings, except by way of appeal, taken in the expanded service area for matters referred to in subsection (1) which fall within the subject matter over which the Supreme Court ordinarily has jurisdiction.

(2) Section 6 of the Act is amended by adding immediately after subsection (5) the following:

(5.1) Nothing in this Act shall be interpreted to derogate from or suspend the powers of the Provincial Court of Newfoundland outside the judicial area described in Schedule A or to confer upon the Unified Family Court any jurisdiction outside the judicial area which the Supreme Court, Trial Division would not otherwise have.

(5.2) The jurisdiction of the Supreme Court, Trial Division is suspended by this Act in relation to proceedings over which the Unified Family Court has jurisdiction under the authority of subsection (1.1).

(3) Subsection 6(6) of the Act is repealed and the following substituted:

(6) For the purpose of paragraph 266(b), sections 740, 810 and 811 of the Criminal Code, a judge of the Unified Family Court has the powers of a provincial court judge under the Criminal Code in matters arising within the judicial area.

6. Section 7 of the Act is amended by deleting the words "the judge" wherever they appear and substituting the words "a judge".

7. Subsection 9(2) of the Act is amended by deleting the word "the" immediately before the word "presiding" and substituting the word "a".

8. (1) Subsection 10(1) of the Act is repealed and the following substituted:

Standing in court

10. (1) Notwithstanding subsections 6(1) and (1.1), proceedings may be started in the Unified Family Court only where the applicant, the respondent or a child involved in the proceedings lives in the judicial area or the expanded service area but a proceeding is not required to be started in the judicial area or the expanded service area by reason only that a respondent or a child involved in the proceeding, other than an applicant, lives in either of those areas.

(2) Subsection 10(2) of the Act is amended by adding immediately after the words "judicial area" the phrase "or the expanded service area" and by deleting the word "the" immediately before the word "presiding" and substituting the word "a".

9. The Act is amended by renaming the Schedule to the Act as "Schedule A" and by adding immediately after that Schedule the following:

Schedule B

All that area contained within the following boundary:

Beginning at a point in the easterly bank of Come By Chance River where it flows into Placentia Bay;

Then running along the easterly bank in a general northerly direction to its intersection with the centreline of a transmission line;

Then running along the centreline in a general easterly direction to its intersection with the centreline of the Trans Canada Highway and being near the Come By Chance Road intersection;

Then running along the centreline of the Trans Canada Highway in a general northerly direction to its intersection with the centre of Salmon Brook near Terra Nova National Park;

Then running along the centre of the brook in a general easterly direction to a point in the westerly shoreline of Clode Sound;

Then running along the westerly and southerly shoreline of Clode Sound and the southerly shoreline of Bonavista Bay in general southerly and northeasterly directions to Cape Bonavista;

Then running in a general southerly direction following the easterly shoreline of the Bonavista Peninsula and along the westerly and easterly shorelines of Trinity Bay in general southwesterly and northeasterly directions to Grates Point;

Then following the shoreline of the eastern, southern and western Avalon Peninsula in general southerly, westerly and northerly directions to the point of beginning.

The above described parcel includes Random Island, Bell Island and the community of Goobies reserving, nevertheless, out of the above described parcel, the land described in Schedule A.

Commencement

10. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.

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