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R.R.O. 1990, Reg. 5: FEES AND EXPENSES - JUSTICES OF THE PEACE

under Administration of Justice Act, R.S.O. 1990, c. A.6

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Versions
revoked or spent November 8, 2006
March 10, 1994 November 7, 2006

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Administration of Justice Act

R.R.O. 1990, REGULATION 5

Amended to O. Reg. 508/06

FEES AND EXPENSES — JUSTICES OF THE PEACE

Note: This Regulation was revoked on November 8, 2006. See: O. Reg. 508/06, s. 1.

This is the English version of a bilingual regulation.

1. (1) In an area in which sections 4, 15, 16 and 18 and subsection 17 (2) of the Justices of the Peace Act do not apply, a part-time justice of the peace who is not employed in the public service of Ontario shall be paid the following fees in respect of duties performed on and after the 1st day of January, 1991:

1.

Receiving and swearing an information,

 
 

    i. information portion of a summary conviction ticket or an information charging a parking by-law violation

$ .67

 

    ii. all other information other than an information to obtain a search warrant

1.39

2.

Swearing an affidavit including an affidavit of service

.67

3.

Considering the issue of process and, where appropriate, issuing process in matters other than where the information charges a parking by-law violation,

 
 

    i. considering the issue of process where no process issued

1.39

 

    ii. considering the issue and issuing the summons and a copy

1.39

 

    iii. considering the issue of a warrant and issuing the warrant

1.39

4.

Considering the issue of process and, where appropriate, issuing process on an information charging a parking by-law violation including a summons and a copy thereof,

 
 

    i. considering the issue of process where no process issued

.67

 

    ii. considering the issue of process and issuing process including a summons and copy thereof

.67

5.

Considering the issue and, where appropriate, issuing a warrant where a summons has been issued in the first instance,

 
 

    i. considering the issue of a warrant where no warrant issued

1.39

 

    ii. considering the issue where a warrant is issued

1.39

6.

Considering and, where appropriate, confirming the issue of an appearance notice, promise to appear or recognizance entered into before an officer-in-charge or a summons served under section 22 of the Provincial Offences Act,

 
 

    i. considering the confirmation where the documents are not confirmed

1.39

 

    ii. considering the confirmation where the documents have been confirmed

1.39

7.

Issuing subpoena (one per case) to witnesses, unless the justice of the peace or the court considers it necessary or desirable to issue more than one

.67

8.

Copy of subpoena for a witness

.44

9. (1)

Receiving and swearing an information for a search warrant or receiving a report in writing under section 199 of the Criminal Code (Canada)

1.39

    (2)

Considering the issue of a search warrant where no search warrant issued

2.78

    (3)

Considering the issue of a search warrant and, if appropriate, issuing a search warrant

2.78

10.

Attending to remand prisoners, to adjourn show cause hearings before the commencement of taking evidence, to take undertakings with or without conditions or to take recognizances of bail where the judicial interim release orders have already been made and a surety is named or not required, including the preparation and completion of all documents,

 
 

    i. per attendance between the hours of 8 a.m. and 12 midnight

14.58

 

    ii. per attendance between the hours of 12 midnight and 8 a.m.

29.15

11.

Conducting one or more judicial interim release hearings or examining sureties, including preparation of all necessary documents such as judicial interim release orders, warrants of remand, undertakings or recognizances where the accused are released immediately following the hearing and the completion of warrants of committal where the accused are not released,

 
 

    i. for the first hour or part thereof

53.80

 

    ii. for each additional hour or part thereof

21.50

12.

Adjourning cases and setting dates for trial as assigned by a provincial judge,

 
 

    i. for the first hour or part thereof

53.80

 

    ii. for each additional hour or part thereof

21.50

13.

Carrying out the duties of a justice of the peace as assigned by a provincial judge, other than duties described in paragraphs 11, 12, 14, 15, 16 and 17, but including pleas of guilty with an explanation for each hour or part thereof

17.71

14.

Carrying out the duties of a justice of the peace as assigned by a provincial judge, to hear and determine prosecutions in a provincial offences court or a summary conviction court, including pleas of guilty with an explanation, where these sittings precede the sittings designated for not guilty pleas or where the justice of the peace is assigned by the provincial judge to attend at a location solely for receiving pleas of guilty with an explanation,

 
 

    i. for the first hour or part thereof

53.80

 

    ii. for each additional hour or part thereof

21.50

15.

Receiving and swearing an information under section 16 of the Mental Health Act and conducting a hearing in respect of a request for an order for examination in the prescribed form,

 
 

    i. for the first hour or part thereof

53.80

 

    ii. for each additional hour or part thereof

21.50

16.

Presiding as a justice of the peace at a hearing under section 490 of the Criminal Code (Canada) concerning the return or detention of things seized by a peace officer or other person,

 
 

    i. for the first hour or part thereof

53.80

 

    ii. for each additional hour or part thereof

21.50

17.

Presiding as a justice of the peace at night court sittings in The Municipality of Metropolitan Toronto for any purpose other than receiving pleas of guilty with an explanation, in addition to regular daily duties,

 
 

    i. for the first hour or part thereof

62.55

 

    ii. for each additional half hour or part thereof

14.02

18.

Preparing a copy of a writing or certificate, or both a writing and a certificate, including a conviction or order upon the request of any person, per page

2.04

19.

Attendance to take any recognizance other than a recognizance of bail (including preparation and completion of recognizance and copies)

2.78

20.

Preparing a bill of costs, when made out in detail upon the request of a party to the proceedings

.67

21.

Receiving money and issuing an official receipt therefor in respect of a fine or costs, or both, on behalf of a provincial court

.67

22.

Attending at the direction of the sheriff for the drafting of a panel of jurors under sections 16 and 18 of the Juries Act, per hour

14.36

23.

Solemnizing a marriage

10.38

O. Reg. 518/91, s. 1 (1).

(2) Where, in one working day, a justice of the peace performs two or more of the duties described in paragraph 11, 12, 14, 15 or 16 of subsection (1) for a total time greater than one hour, the fee prescribed for the first hour or part thereof shall be applied to the first hour only, and the fee prescribed for each additional hour or part thereof shall be applied to all time in addition to the first hour. R.R.O. 1990, Reg. 5, s. 1 (2).

(3) Where a justice of the peace receives a fee for performing duties under paragraph 13 of subsection (1), he or she shall not receive any other fee under that subsection in respect of those duties. R.R.O. 1990, Reg. 5, s. 1 (3).

(3.1) Subsection (3.2) applies to a justice of the peace who performs one or more of the duties described in paragraph 11, 12, 14, 15 or 16 of subsection (1) within the working day of 7¼ hours and who performs additional duties under one or more of those paragraphs outside those hours on the same working day. O. Reg. 518/91, s. 1 (2).

(3.2) Despite subsection (2), the fee for the additional duties shall be the fee prescribed under the paragraphs,

(a) for the first hour or part thereof; and

(b) for any additional hour or part thereof. O. Reg. 518/91, s. 1 (2).

(4) Where, in one working day, a justice of the peace performs the duties described in paragraph 17 of subsection (1) at more than one location for a total time greater than one hour, the fee prescribed for the first hour or part thereof shall be applied to the first hour only, and the fee prescribed for each additional half hour or part thereof shall be applied to all time in addition to the first hour. R.R.O. 1990, Reg. 5, s. 1 (4).

(5) A justice of the peace receiving additional compensation under section 3 of Regulation 681 of the Revised Regulations of Ontario, 1990 is not entitled to fees under this section in respect of duties for which the additional compensation is applicable. R.R.O. 1990, Reg. 5, s. 1 (5).

(6) For duties performed on or after the 4th day of January, 1988, a justice of the peace shall not be paid fees under this section in excess of $1,500 for any fourteen-day period commencing on the 4th day of January, 1988 and every second Monday thereafter and ending on Sunday of the following week. R.R.O. 1990, Reg. 5, s. 1 (6).

(7) Despite subsection (6), for duties performed on or after the 11th day of April, 1988, a justice of the peace shall not be paid fees under this section in excess of $1,600 for any fourteen-day period commencing on the 11th day of April, 1988 and every second Monday thereafter and ending on Sunday of the following week. R.R.O. 1990, Reg. 5, s. 1 (7).

(8) Despite subsections (6) and (7), for duties performed on or after the 10th day of April, 1989, a justice of the peace shall not be paid fees under this section in excess of $1,700 for any fourteen-day period commencing on the 11th day of April and every second Monday thereafter and ending on Sunday of the following week. R.R.O. 1990, Reg. 5, s. 1 (8).

(9) Despite subsections (6), (7) and (8), for duties performed on or after the 1st day of April, 1990, a justice of the peace shall not be paid fees under this section in excess of $2,100 for any fourteen-day period commencing on the 2nd day of April, 1990 and every second Monday thereafter and ending on Sunday of the following week. R.R.O. 1990, Reg. 5, s. 1 (9).

(10) Despite subsections (6), (7), (8) and (9), for duties performed on and after the 7th day of January, 1991, a justice of the peace shall not be paid fees under this section in excess of $2,200 for any fourteen-day period commencing on the 7th day of January, 1991 and every second Monday thereafter and ending on Sunday of the following week. O. Reg. 518/91, s. 1 (2).

(11) The limit of $2,200 set out in subsection (10) does not apply to fees for duties that are performed under paragraph 10, 11, 12, 13, 14, 15, 16 or 17 of subsection (1) outside the working day of 7¼ hours. O. Reg. 518/91, s. 1 (2).

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