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NEWFOUNDLAND

AND

LABRADOR

REGULATION 108/11

Court Areas and Restricted Zones Regulations

under the

Court Security Act, 2010

Amended by:

79/18

(Filed December 13, 2011)

Under the authority of

section 12 of the Court Security Act, 2010,

I make the following regulations.

Dated at St. John's

, December 13, 2011.

Felix Collins

Minister of Justice and Attorney General

REGULATIONS

Analysis

Short title

Definition

Court areas designated

Restricted zones

Identification of restricted zone

Authorization to enter restricted zone

Judicial power unaffected

Schedule

Short title

These regulations may be cited as the Court Areas and Restricted Zones Regulations.

108/11 s1

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Definition

In these regulations, "Act" means the Court Security Act, 2010.

108/11 s2

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Court areas designated

(1)For the purpose of the Act, an area occupied or used by a court for conducting judicial business and administrative matters relating to it is designated as a court area.

(2) An area referred to in subsection (1) includes the entrance and exit ways associated with that area, and another area which may be part of the curtilage of that area.

(3) In addition to subsection (1), the areas listed in the

schedule are designated as court areas for the purpose of the Act.

108/11 s3

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Restricted zones

The following parts of a court area are designated as restricted zones:

(

a) judge's chambers and libraries;

(

b) storage areas;

(

c) prisoner detention areas;

(

d) jury rooms;

(

e) a part of a court area used exclusively by judges, court employees or security officers; and

(

f) an area, the entrance to which is marked with a restricted zone sign.

108/11 s4

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Identification of restricted zone

A restricted zone shall be identified by a sign which reads "Authorized Personnel Only".

108/11 s5

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Authorization to enter restricted zone

(1)Only the following persons may enter a restricted zone:

(

a) a judge or court employees;

(

b) a security officer; and

(

c) another person authorized by a judge or security officer under the authority of

section 4 of the Act.

(2) Notwithstanding paragraphs (1)(

b) and (c),

(

a) a security officer shall not enter a judge's chambers unless that security officer is authorized to do so by a judge; and

(

b) a security officer shall not authorize a person to enter a judge's chambers.

(3) Subsection (2) shall not apply where a security officer reasonably believes an emergency exists in a judge's chambers, and a security officer or another person authorized by a security officer may enter a judge's chambers for the purpose of responding to the emergency.

108/11 s6

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Judicial power unaffected

Nothing in these regulations derogates from or replaces

(

a) the power of a judge at common law or otherwise to control

the proceedings of the court;

(

b) the power of a judge to give directions to a security officer incidental to the exercise of a contempt power;

(

c) the right of the chief judge or a judge in the exercise of judicial functions; or

(

d) the administrative power of the chief judge to direct and control the precincts of a courthouse.

108/11 s7

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Schedule

Provincial Court:

Provincial Court, St. John's

, 4 th

Floor, Atlantic Place

, St. John's

Provincial Court, Clarenville, 47 Marine Drive

, Clarenville;

Provincial Court, Corner Brook

, Courthouse, 82 Mount Bernard Avenue

, Corner Brook

Provincial Court, Gander

, Law

Courts

Building

, 100 Airport Boulevard

, Gander

Provincial Court, Happy Valley-Goose Bay, 171 Hamilton River Road, Happy Valley-Goose Bay;

Provincial Court, Grand Bank, T. Alex Hickman Court House, Grand Bank;

Provincial Court, Grand Falls-Windsor, The Law Courts, 55 Cromer Avenue

, Grand Falls-Windsor;

Provincial Court, Harbour Grace, Harvey Street

, Harbour Grace;

Provincial Court, Stephenville, 35 Alabama Drive

, Stephenville;

Provincial Court, Wabush, Whiteway Drive

, Wabush; and

An area used by a judge of the Provincial Court

for the purpose of conducting circuit court.

Supreme Court, Trial Division and Family Division

Supreme Court, Court of Appeal

Supreme Court, Trial Division, St. John's

, Courthouse, 309 Duckworth Street

, St. John's

Supreme Court, Trial Division, St. John's

, Fagan

Building

, 317 Duckworth Street

, St. John's;

Supreme Court, Trial Division, Corner Brook

, Courthouse, 82 Mount Bernard Avenue

, Corner Brook

Supreme Court, Trial Division, Gander

, Law

Courts

Building

, 100 Airport Boulevard

, Gander

Supreme Court, Trial Division, Grand Bank, T. Alex Hickman Courthouse, Grand Bank;

Supreme Court, Trial Division, Grand Falls-Windsor, The Law Courts, 55 Cromer Avenue

, Grand Falls-Windsor;

Supreme Court, Trial Division Happy Valley-Goose Bay, Courthouse 214 Hamilton River Road, Happy-Valley Goose Bay;

Supreme Court, Court of Appeal, 287 Duckworth Street

, St. John's

Supreme Court, Court of Appeal, Richardson

Building

, 315 Duckworth Street

, St. John's

Supreme Court of Newfoundland

and Labrador

, Family Division, 21 King's Bridge Road

, St. John's

; and

An area used by a judge of the Supreme Court or the Court of Appeal for the purpose of conducting circuit court.

Inquiries:

An area used for the purpose of conducting the commission of inquiry respecting the Muskrat Falls Project.

108/11 Sch ; 79/18 s1

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