The following definitions apply in this Act.
“adjudicator” means an adjudicator appointed under subsection 56.91(1) of the Judicature Act.(adjudicateur)
“Court of Appeal” means The Court of Appeal of New Brunswick.(Cour d’appel)
“Court of King’s Bench” means The Court of King’s Bench of New Brunswick.(Cour du Banc du Roi)
“Minister” means the Minister of Justice and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“provincial court judge” means a judge appointed under subsection 2(1) of the Provincial Court Act.(juge à la Cour provinciale)
“Registrar” means the Registrar appointed under subsection 57(1) of the Judicature Act.(registraire)
“senior adjudicator” means the adjudicator designated under subsection 56.97(1) of the Judicature Act.(adjudicateur principal)
In this Act, a reference to “adjudicator” includes the senior adjudicator, unless the context requires otherwise.
In this Act, a reference to “provincial court judge” includes the chief judge of the Provincial Court, unless the context requires otherwise.
There is established a complaints committee composed of
(a) two judges of the Court of Appeal selected by the Chief Justice of New Brunswick, one of whom shall be chair and the other shall be vice-chair,
(b) four judges of the Court of King’s Bench selected by the Chief Justice of the Court of King’s Bench,
(c) three provincial court judges selected by the chief judge of the Provincial Court,
(d) the senior adjudicator,
(e) one adjudicator selected by the senior adjudicator,
(f) two members of the Law Society of New Brunswick selected by the Law Society, and
(g) six members of the public appointed by the Lieutenant-Governor in Council.
The Chief Justice of New Brunswick may serve on the complaints committee under paragraph (1)(a), the Chief Justice of the Court of King’s Bench may serve on the committee under paragraph (1)(b) and the chief judge of the Provincial Court may serve on the committee under paragraph (1)(c).
A member referred to in paragraph (1)(g) shall be appointed for a term of up to five years and is eligible for reappointment.
A member referred to in paragraph (1)(g) shall be paid the remuneration and expenses that the Lieutenant-Governor in Council determines.
Any person may, by regular mail or by email, submit a complaint to the Registrar respecting a provincial court judge or an adjudicator alleging the following:
(a) misconduct;
(b) neglect of duty; or
(c) inability or incapacity to perform the duties of a provincial court judge or an adjudicator, as the case may be.
A complaint shall be signed by the person making the complaint and shall contain the following:
(a) the name, address, telephone number and email address, if any, of the person making the complaint;
(b) the name of the provincial court judge or adjudicator who is the subject of the complaint;
(c) the date, time and place at which the events giving rise to the complaint occurred; and
(d) as many details as possible about the conduct of the provincial court judge or adjudicator who is the subject of the complaint.
The Registrar shall complete a review of a complaint submitted under subsection 3(1) within 20 business days after receiving it.
The Registrar may require additional information from the complainant or any other person if the Registrar considers it is necessary to properly review the complaint.
The Registrar may dismiss a complaint if the Registrar is of the opinion that
(a) the complaint is frivolous or vexatious,
(b) the complaint is without merit, or
(c) there is insufficient evidence to support the complaint.
If the Registrar does not dismiss a complaint, the Registrar shall forward the complaint to the chair of the complaints committee without delay for assignment to a judge for a review under section 7.
The Registrar may extend the time limit referred to in subsection (1).
The chief judge of the Provincial Court may review any matter respecting the misconduct or neglect of duty by a provincial court judge or any matter respecting the inability or incapacity of a provincial court judge to perform the duties of the office, without a complaint having been made under section 3.
The Chief Justice of New Brunswick may review any matter respecting the misconduct or neglect of duty by the chief judge of the Provincial Court or any matter respecting the inability or incapacity of the chief judge of the Provincial Court to perform the duties of the office, without a complaint having been made under section 3.
The senior adjudicator may review any matter respecting the misconduct or neglect of duty by an adjudicator or any matter respecting the inability or incapacity of an adjudicator to perform the duties of the office, without a complaint having been made under section 3.
The Chief Justice of the Court of King’s Bench may review any matter respecting the misconduct or neglect of duty by the senior adjudicator or any matter respecting the inability or incapacity of the senior adjudicator to perform the duties of the office, without a complaint having been made under section 3.
A matter that is reviewed under subsection (1), (2), (3) or (4) may be forwarded with reasons to the Registrar who shall forward it to chair of the complaints committee for assignment to a judge for a review under section 7, and if forwarded, the matter is considered a complaint for the purposes of this Act.
From the time the conduct of a provincial court judge is reviewed under subsection 5(1) or a complaint respecting a provincial court judge is submitted to the Registrar under section 3, as the case may be, until the time a final decision is made with respect to the complaint, the chief judge of the Provincial Court may take any of the following actions:
(a) restrict the provincial court judge to administrative duties;
(b) transfer the provincial court judge to an alternate location; or
(c) suspend the provincial court judge.
From the time the conduct of the chief judge of the Provincial Court is reviewed under subsection 5(2) or a complaint respecting the chief judge of the Provincial Court is submitted to the Registrar under section 3, as the case may be, until the time a final decision is made with respect to the complaint, the Chief Justice of New Brunswick may take any of the following actions:
(a) restrict the chief judge to administrative duties;
(b) transfer the chief judge to an alternate location; or
(c) suspend the chief judge.
From the time the conduct of an adjudicator is reviewed under subsection 5(3) or a complaint respecting an adjudicator is submitted to the Registrar under section 3, as the case may be, until the time a final decision is made with respect to the complaint, the senior adjudicator may take any of the following actions:
(a) restrict the adjudicator to administrative duties;
(b) transfer the adjudicator to an alternate location; or
(c) suspend the adjudicator.
From the time the conduct of the senior adjudicator is reviewed under subsection 5(4) or a complaint respecting the senior adjudicator is submitted to the Registrar under section 3, as the case may be, until the time a final decision is made with respect to the complaint, the Chief Justice of the Court of King’s Bench may take any of the following actions:
(a) restrict the senior adjudicator to administrative duties;
(b) transfer the senior adjudicator to an alternate location; or
(c) suspend the senior adjudicator.
A suspension under paragraph (1)(c), (2)(c), (3)(c) or (4)(c) may be revoked before a final decision is made if a change in circumstances warrants it.
A judge who is assigned a complaint for review shall
(a) forward to the provincial court judge or adjudicator who is the subject of the complaint,
(i) a copy of the complaint, or
(ii) a copy of the reasons for forwarding the matter under subsection 5(5),
(b) request that the provincial court judge or adjudicator provide a written response within 15 business days after receiving the copy of the complaint or the reasons, and
If the complaint is forwarded by email, the provincial court judge or adjudicator, as the case may be, is deemed to have received a copy of the complaint or the reasons forwarded under paragraph (2)(a) ten business days after it was forwarded.
The judge who is assigned a complaint for review may require additional information from the complainant or any other person if the judge considers it necessary to properly review the complaint.
Within 20 business days after the end of the time limit referred to in paragraph (2)(b), the judge who is assigned the complaint for review shall complete the review and issue a decision with written reasons that may include any of the following measures:
(a) dismiss the complaint;
(b) dismiss the complaint with a warning;
(c) resolve the complaint with the agreement of both the complainant and the provincial court judge or adjudicator who is the subject of the complaint;
(d) issue an expression of concern; or
(e) forward the complaint with reasons to the chair of the complaints committee for a review by a review panel.
A decision referred to in subsection (5) shall be filed with the Registrar without delay.
The Registrar shall forward a copy of the judge’s decision
(a) to the complainant,
(b) to the provincial court judge or adjudicator who is the subject of the complaint, and
(c) if the complaint is forwarded for a review by a review panel under paragraph (5)(e),
(i) to the Chief Justice of New Brunswick if the chief judge of the Provincial Court is the subject,
(ii) to the Chief Justice of the Court of King’s Bench if the senior adjudicator is the subject,
(iii) to the chief judge of the Provincial Court if a provincial court judge is the subject, or
(iv) to the senior adjudicator if an adjudicator is the subject.
The chair of the complaints committee may extend the time limit referred to in subsection (1).
The judge who is assigned a complaint for review may extend the time limit referred to in paragraph (2)(b) or subsection (5).
Within 20 business days after a complaint is forwarded by a judge under paragraph 7(5)(e), the chair of the complaints committee shall appoint from among the members of the complaints committee a review panel composed of
(a) either a judge of the Court of Appeal or a judge of the Court of King’s Bench, who shall be chair,
(b) a provincial court judge if a provincial court judge is the subject of the complaint,
(c) an adjudicator if an adjudicator is the subject of the complaint, and
(d) one member of the public.
The judge who forwarded the complaint under paragraph 7(5)(e) is not eligible to be appointed to the review panel.
Two members of a review panel constitute a quorum, and the decision of a majority of the members is a decision of the review panel.
A vacancy on the review panel does not impair the capacity of the panel to act so long as quorum is maintained.
The chair of the complaints committee may extend the time limit referred to in subsection (1).
Within 20 business days after receiving a complaint from the chair of the complaints committee, a review panel shall begin a review and notify the complainant and the provincial court judge or adjudicator who is the subject of the complaint
(a) that the panel will conduct the review based on the written record, and
(b) that the complainant and the provincial court judge or adjudicator may file written submissions within 15 business days after receiving the notice.
A review panel may require additional information from the complainant or any other person if it considers that it is necessary to properly review the complaint.
A review panel may engage the services of a person to investigate a complaint if the review panel considers that it is necessary to properly review the complaint.
Within 30 business days after the end of the time limit referred to in paragraph (1)(b), the review panel shall complete the review and may
(a) dismiss the complaint, or
(b) make a finding of misconduct or neglect of duty or of an inability or incapacity to perform the duties of a provincial court judge or an adjudicator, as the case may be.
If the review panel makes a finding referred to in paragraph (4)(b), the review panel may take any of the following measures:
(a) issue a private or a public reprimand;
(b) order the provincial court judge or adjudicator, as the case may be,
(i) to apologize, either publicly or privately, to the complainant or to any other person, or
(ii) to take specific measures as a condition of continuing in office, including attending counselling, treatment or continuing education courses;
(c) take any action that the review panel considers to be equivalent to an action referred to in subparagraph (b)(i) or (ii);
(d) order the provincial court judge or adjudicator, as the case may be, to report regarding their compliance with an order referred to in paragraph (b) to
(i) the Chief Justice of New Brunswick if the chief judge of the Provincial Court is the subject of the order,
(ii) the Chief Justice of the Court of King’s Bench if the senior adjudicator is the subject of the order,
(iii) the chief judge of the Provincial Court if a provincial court judge is the subject of the order, or
(iv) the senior adjudicator if an adjudicator is the subject of the order;
(e) impose any other non-monetary sanction; and
(f) refer the complaint to the chair of the complaints committee to appoint an inquiry panel for a full hearing.
A review panel shall issue a decision with written reasons and file it with the Registrar without delay.
The Registrar shall forward a copy of the review panel’s decision to
(a) the complainant,
(b) the provincial court judge or adjudicator who is the subject,
(c) the Chief Justice of New Brunswick if the chief judge of the Provincial Court is the subject,
(d) the Chief Justice of the Court of King’s Bench if the senior adjudicator is the subject,
(e) the chief judge of the Provincial Court if a provincial court judge is the subject, and
(f) the senior adjudicator if an adjudicator is the subject.
Within 20 business days after receiving a copy of a review panel’s decision under paragraph 9(7)(b), a provincial court judge or an adjudicator who does not agree with the decision may request that the chair of the complaints committee appoint an inquiry panel for a hearing.
The chair of the complaints committee may extend the time limit referred to in subsection (1).
The chair of the complaints committee shall appoint an inquiry panel within 20 business days after receiving
(a) a referral under paragraph 9(5)(f), or
(b) a request under section 10.
An inquiry panel is composed of the following members of the complaints committee:
(a) two judges of the Court of Appeal or the Court of King’s Bench, the senior of whom shall be chair;
(b) a provincial court judge if a provincial court judge is the subject of the complaint;
(c) an adjudicator if an adjudicator is the subject of the complaint;
(d) one member of the Law Society of New Brunswick; and
(e) one member of the public.
The following persons are not eligible to be appointed to the inquiry panel:
(a) the judge or senior adjudicator who forwarded the complaint under subsection 5(5);
(b) the judge who forwarded the complaint under paragraph 7(5)(e); and
(c) a member of the review panel that referred the complaint under paragraph 9(5)(f).
Three members of an inquiry panel constitute a quorum, and a decision of the majority of the members is a decision of the inquiry panel.
A vacancy on an inquiry panel does not impair the capacity of the panel to act so long as quorum is maintained.
The chair of the complaints committee may extend the time limit referred to in subsection (1).
The chair of the complaints committee shall refer a complaint to an inquiry panel immediately after appointing the inquiry panel under section 11.
An inquiry panel shall hold a hearing into a complaint within 30 business days after the complaint is referred to it.
An inquiry panel and each member of the panel have all the powers of a commissioner appointed under the Inquiries Act.
Subject to this Act, an inquiry panel may establish its own procedures.
The complainant and the provincial court judge or adjudicator who is the subject of the complaint may, at the hearing, present evidence, cross-examine witnesses and be represented by a lawyer.
An inquiry panel may receive and accept any relevant evidence even though it is not admissible under the rules applying to trials in the Court of King’s Bench.
If an inquiry panel has given notice of the hearing to the provincial court judge or adjudicator who is the subject of the complaint, the inquiry panel may proceed with the hearing in the absence of the provincial court judge or adjudicator, as the case may be, and may decide on the complaint in the same manner as if the provincial court judge or adjudicator were present.
A hearing shall be held in public.
Despite subsection (8), on the request of the provincial court judge or adjudicator who is the subject of the complaint, or on the request of the complainant or a witness, if the inquiry panel determines that there are compelling reasons in the public interest to do so, it may
(a) exclude the public from all or part of a hearing, or
(b) direct that the complainant or a witness be identified by initials only.
The chair of an inquiry panel may extend the time limit referred to in subsection (2).
On completing a hearing, an inquiry panel may
(a) dismiss the complaint, or
(b) make a finding of misconduct or neglect of duty or of an inability or incapacity to perform the duties of a provincial court judge or an adjudicator, as the case may be.
If the inquiry panel makes a finding referred to in paragraph (1)(b), the inquiry panel may take any of the following measures:
(a) issue a private or a public reprimand;
(b) order the provincial court judge or adjudicator, as the case may be,
(i) to apologize, either publicly or privately, to the complainant or to any other person, or
(ii) to take specific measures as a condition of continuing in office, including attending counselling, treatment or continuing education courses;
(c) take any action that the inquiry panel considers to be equivalent to an action referred to in subparagraph (b)(i) or (ii);
(d) order the provincial court judge or adjudicator, as the case may be, to report regarding their compliance with an order referred to in paragraph (b) to
(i) the Chief Justice of New Brunswick if the chief judge of the Provincial Court is the subject of the order,
(ii) the Chief Justice of the Court of King’s Bench if the senior adjudicator is the subject of the order,
(iii) the chief judge of the Provincial Court if a provincial court judge is the subject of the order, or
(iv) the senior adjudicator if an adjudicator is the subject of the order;
(e) suspend the provincial court judge or adjudicator with pay, with or without conditions, for the period specified by the inquiry panel;
(f) suspend the provincial court judge or adjudicator without pay for up to 90 days;
(g) recommend to the Lieutenant-Governor in Council that the appointment of the provincial court judge or adjudicator be revoked; and
(h) impose any other non-monetary sanction.
An inquiry panel shall issue a decision with written reasons and file it with the Registrar without delay.
The Registrar shall forward a copy of an inquiry panel’s decision to
(a) the complainant,
(b) the provincial court judge or adjudicator who is the subject,
(c) the Chief Justice of New Brunswick if the chief judge of the Provincial Court is the subject,
(d) the Chief Justice of the Court of King’s Bench if the senior adjudicator is the subject,
(e) the chief judge of the Provincial Court if a provincial court judge is the subject,
(f) the senior adjudicator if an adjudicator is the subject, and
(g) the Lieutenant-Governor in Council if the inquiry panel recommends that the appointment of the provincial court judge or adjudicator be revoked.
If an inquiry panel dismisses a complaint, it may order the reimbursement of any costs of the provincial court judge or the adjudicator, as the case may be, that it considers appropriate, and any reimbursement shall be paid from the Consolidated Fund.
The decision of an inquiry panel is final and cannot be appealed but is subject to judicial review.
A person aggrieved by the decision of an inquiry panel may make an application for judicial review of the decision to the Court of Appeal within 30 days after the decision is filed with the Registrar.
If an inquiry panel recommends that the appointment of a provincial court judge or an adjudicator be revoked, the Lieutenant-Governor in Council shall, on receipt of the recommendation, revoke the appointment.
If the appointment of a provincial court judge or adjudicator is revoked, the Minister may release the decision of the inquiry panel if the Minister considers that it is in the public interest to do so.
No action or other proceeding lies or shall be instituted against a member of the complaints committee for anything done or purported to be done in good faith by the member or for anything omitted in good faith by the member in the exercise or intended exercise of a power or duty under this Act.
Within three months after the end of a calendar year, the Registrar shall file a report with the Minister setting out, with respect to that year, the complaints
(a) received,
(b) dismissed by the Registrar,
(c) dismissed by a judge assigned to review a complaint, and
(d) reviewed by a review panel or by an inquiry panel.
The report shall include any actions taken or decisions issued with respect to the complaints set out.