News release

Administrative Changes Introduced

Justice

Changes to several statutes designed to address everything from Y2K to small claims court were introduced by Justice Minister Michael Baker today. The omnibus bill, known as the Justice Administration Amendment (1999) Act, is designed to improve the administration of justice by making necessary modifications to a variety of existing legislation.

The Small Claims Court Act will be revised to increase the monetary jurisdiction of the court from $5,000 to $10,000. The amendments also tighten requirements for the service of documents. This amendment should result in fewer adjournments because it increases the certainty that parties have received necessary documents.

The Regulations Act will be amended to remove the requirement that only the last two digits of a year be used in the indexing of regulations. This is in response to the year 2000.

In recognition of the electronic age, the Evidence Act and the Statute Revision Act will be amended to permit an electronic copy of a consolidated statute to be given as evidence of that statute.

The Intestate Succession Act is being changed to ensure a child born outside of marriage may inherit from an intestate father as well as the child's intestate mother. This amendment ensures the statute reflects a Supreme Court decision on the matter.

The Summary Proceedings Act will be changed to allow a justice of the peace, in appropriate circumstances, to forgive a penalty in a matter they have previously dealt with, rather than requiring the matter be dealt with by a judge of the provincial court. The act will also allow for an unpaid fine to be entered as a judgement against an offender in default which mirrors a similar provision in the Criminal Code.

Changes to the Young Persons Summary Proceedings Act ensures that anyone who violates a probation or another sentence imposed under the act, after they have reached the age of sixteen, is guilty of an offence. This simply closes a loophole that existed previously.

The Interprovincial Subpoena Act expands the definition of a court to include additional subpoena-issuing bodies, such as a tribunal or a commission. The definition is also expanded in the Constitutional Questions Act to ensure proper notice is given to the Crown of constitutional law cases.

The Legal Aid Act is amended to clarify what has been identified as a potential conflict of interest situation by case law. The amendment states that lawyers in different legal aid offices working for opposing parties are not in conflict.

The Public Trustee Act will change to allow the trustee to use both capital and income for the maintenance, education and support of a child when in receipt of property less than $100,000. The amendments also allow the public trustee to bypass the regular administration process for estates of less than $2,500. The adjustments reflect a change in the value of the limits set more than twenty years ago.

For consumer protection, the Barristers and Solicitors Act will be changed to ensure that a suspended or disbarred barrister may not act as a notary public.

"These amendments allow us to adjust several statutes that should improve service to the legal consumer," said Mr. Baker. "It is our hope the changes will help the wheels of justice move more efficiently."