Statutes of Newfoundland and Labrador 2016 Chapter37

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

RSNL1990 cJ-4
as amended

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 (1) Subsection 21(1) of the Judicature Act is repealed and the following substituted:

Trial Division

21. (1) The Trial Division consists of

(a) a chief justice, who shall be called the Chief Justice of the Trial Division;

(b) an associate chief justice, who shall be called the Associate Chief Justice of the Trial Division; and

(1.1) The Chief Justice of the Trial Division, the Associate Chief Justice of the Trial Division and the judges referred to in paragraph (1)(c) shall collectively be called the judges of the Trial Division.

(2) Subsection 21(4) of the Act is repealed and the following substituted:

(4) The Chief Justice of the Trial Division and the Associate Chief Justice of the Trial Division may hear and determine proceedings brought in the General Division and the Family Division and for that purpose the Chief Justice of the Trial Division and the Associate Chief Justice of the Trial Division are judges of the General Division and the Family Division.

2. Section 43.5 of the Act is repealed and the following substituted:

Judicial area

43.5 (1) In this Part

(a) "expanded service area" means an area of the province in which the Family Division may exercise concurrent jurisdiction with the Provincial Court of the province where designated as an expanded service area under the authority of subsection (2); and

(b) "judicial area" means an area of the province in which the Family Division shall operate its jurisdiction where designated as a judicial area under the authority of subsection (2).

(2) The Lieutenant-Governor in Council, after consultation with the Chief Justice of the Trial Division, may, by regulation, designate an area of the province as

(a) a judicial area; or

(b) an expanded service area

and may expand or contract either of those areas.

(3) Regulations made under the authority of subsection (2) may prescribe the manner in which matters may be heard as a result of changes in the judicial area or the expanded service area, or both of them.

(4) Where a judicial area is designated under subsection (2), the Chief Justice of the Trial Division shall assign a presiding judge in the designated judicial area.

(5) The Family Division may exercise its power and duties in the expanded service area as if the area were a judicial area.

3. Subsection 46(1) of the Act is repealed and the following substituted:

Oaths

46. (1) The Chief Justice of Newfoundland and Labrador, the Chief Justice of the Trial Division, the Associate Chief Justice of the Trial Division and every other judge of the Court of Appeal and the Trial Division shall, before entering upon the duties of the office of judge, take and sign the Oath of Allegiance and the Judicial Oath referred to in the Oaths of Office Act.

4. Section 47.1 of the Act is repealed and the following substituted:

Additional judge

47.1 For the purpose of section 32 of the Judges Act (Canada), there shall be established, for the Office of Chief Justice of Newfoundland and Labrador, the Office of Chief Justice of the Trial Division and the Office of the Associate Chief Justice of the Trial Division, an additional office of judge as is from time to time required, to be held by a Chief Justice of Newfoundland and Labrador, a Chief Justice of the Trial Division or an Associate Chief Justice of the Trial Division who has elected under the Judges Act (Canada) to perform only the duties of a judge of the Court of Appeal or the Trial Division, as the case may be.

5. Subsection 48(1) of the Act is repealed and the following substituted:

Precedence of judges

48. (1) The judges of the Supreme Court have rank, precedence and seniority in the following order:

(a) the Chief Justice of Newfoundland and Labrador;

(b) the Chief Justice of the Trial Division;

(d) the judges of the Court of Appeal in the order of their seniority of appointment to that court; and

(e) the judges of the Trial Division in the order of their seniority of appointment to that court.

6. Section 49 of the Act is repealed and the following substituted:

Powers of the chief justices

49. (1) Where there is a vacancy in the office of, or the Chief Justice of Newfoundland and Labrador

(a) is absent from the province;

(b) is unable to act; or

his or her powers shall be exercised by the next senior judge of the Court of Appeal who is able to act in his or her place.

(2) Where there is a vacancy in the office of, or the Chief Justice of the Trial Division

(a) is absent from the province;

(b) is unable to act; or

his or her powers shall be exercised by the Associate Chief Justice, or if there is a vacancy in office of the Associate Chief Justice or he or she is absent or unable to act, by the next senior judge of the Trial Division who is able to act in the place of the Chief Justice of the Trial Division.

Commencement

7. This Act, or a section, subsection or paragraph of it, comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.