First

Session, 50th General Assembly

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

S.21 Amdt.

Supreme Court

S.22 Amdt.

Judicial centres

S.31 Amdt.

Retired judge's reserved decision

S.43.01 Added

Regulations

S.43.9 Amdt.

Jurisdiction of court

S.49 Amdt.

Powers of the Chief Justice

S.58 Amdt.

Council of judges

S.59.1 Amdt.

Chief Executive Officer

S.60.1 Amdt.

Powers of staff who perform a registry function

S.60.2 Amdt.

Taxing officers

S.66 Amdt.

Discharge of liability

S.69 Amdt.

Unclaimed money

S.70 Amdt.

Persons entitled to money

S.114 Amdt.

Caveat

S.120 Amdt.

Security

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c) of the Judicature Act is repealed and the following substituted:

(

c) the number of other judges as prescribed in

the regulations.

(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 .

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".

(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".

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".

Queen's Printer