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Statutes of Newfoundland 1998


CHAPTER 30

CHAPTER 30

AN ACT TO AMEND THE PROVINCIAL
COURT ACT, 1991

(Assented to December 15, 1998)

Analysis

1. S.29.1 Added
Rules

2. RSN1990 cF-2
Amdt.

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


SN1991 c15
as amended

1. The Provincial Court Act, 1991 is amended by adding immediately after section 29 the following:

Rules

29.1 (1) The Lieutenant Governor in Council may, upon the recommendation of the minister, make rules with respect to the procedure and operation of the court including rules

(a) regulating the procedure of the court in exercising the jurisdiction of the court conferred by another Act or regulation;

(b) providing for the service of documents;

(c) respecting the duties of the officers and clerks of the court;

(d) respecting the costs of proceedings in the court;

(e) respecting the format and requirements of orders of the court;

(f) respecting the consolidation and transfer of proceedings of the court and the jurisdiction of judges of the court;

(g) respecting in-chambers proceedings including pre-trial proceedings and settlement conferences;

(h) respecting the use of electronic telecommunications within the court generally; and

(i) governing the pleading, practice and procedure generally of the court.

(2) Rules made under this section are subordinate legislation for the purpose of the Statutes and Subordinate Legislation Act.

RSN1990 cF-2 Amdt.

2. Subsection 82(2) of the Family Law Act is repealed and the following substituted:

(2) The procedure in the Provincial Court shall be governed by rules made under the Provincial Court Act, 1991.

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