One to Watch – An Update on Bill 161

In February of this year, we wrote a post about the Smarter and Stronger Justice Act (Bill 161) which was introduced late in 2019. As previously stated, this act will make changes to over 20 acts impacting the courts, legal aid, legal practice and regulation. On July 8th, the Smarter and Stronger Justice Act received Royal Assent. 

In February of this year, we wrote a post about the Smarter and Stronger Justice Act (Bill 161) which was introduced late in 2019. As previously stated, this act will make changes to over 20 acts impacting the courts, legal aid, legal practice and regulation. On July 8th, the Smarter and Stronger Justice Act received Royal Assent. 

While Bill 161 has received Royal Assent, this does not necessarily mean that all the schedules that comprise the act have come into force.

Below, we have posted the commencement provisions for those schedules containing amendments to notable acts highlighted in our previous post.

Class Proceedings Act (Schedule 4)

  • This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Commissioners for the Taking of Affidavits Act (Schedule 5)

  • This Schedule comes into force on the day the Smarter and Stronger Justice Act, 2020 receives Royal Assent.
  • Sections 3, 4 and 5, subsection 6 (4) and sections 8 and 10 to 18 come into force on the day that is six months after the day the Smarter and Stronger Justice Act, 2020 receives Royal Assent.
  •  Subsections 6 (1), (2) and (3) come into force on a day to be named by proclamation of the Lieutenant Governor.

Estates Act (Schedule 9)

  • This Schedule comes into force on the day the Smarter and Stronger Justice Act, 2020 receives Royal Assent.

Law Society Act (Schedule 14)

  • This Schedule comes into force on the day the Smarter and Stronger Justice Act, 2020 receives Royal Assent.
  • Sections 3 and 5 and subsection 7 (1) come into force on a day to be named by proclamation of the Lieutenant Governor.

A complete summary of amendments made by the Smarter and Stronger Justice Act, 2020 can be found in the Explanatory Note to Bill 161, and you can read the Act for yourself (along with all of the commencement provisions) on the eLaws website here