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Justices of the Peace Act

R.S.O. 1990, CHAPTER J.4

Historical version for the period November 26, 2002 to October 18, 2006.

Amended by: 1994, c. 12, ss. 50-57; 1999, c. 12, Sched. B, s. 12; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. A, s. 11.

CONTENTS

1.

Definitions

2.

Appointment of justices

3.

Oath of office

4.

Presiding or non-presiding

5.

Justices of the peace, by virtue of office

6.

Retirement

7.

Resignation

8.

Removal from office

9.

Review Council

10.

Functions

11.

Investigation of complaints

12.

Inquiry

13.

Associate Chief Justice Co-ordinator of Justices of the Peace

14.

Continuing education

17.

Jurisdiction of justices

18.

Salary of part-time justices

19.

Directions

20.

Immunity from liability

21.

Regulations

21.1

Remuneration of justices of the peace

22.

Application of certain provisions

Definitions

1. In this Act,

“non-presiding justice of the peace” means a person designated as a non-presiding justice of the peace under section 4; (“juge de paix non-président”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“presiding justice of the peace” means a person designated as a presiding justice of the peace under section 4; (“juge de paix président”)

“regulations” means the regulations made under this Act; (“règlements”)

“Review Council” means the Justices of the Peace Review Council continued by section 9. (“Conseil d’évaluation”) R.S.O. 1990, c. J.4, s. 1; 1994, c. 12, s. 50.

Appointment of justices

2. (1) The Lieutenant Governor in Council, on the recommendation of the Attorney General, may appoint full-time and part-time justices of the peace. R.S.O. 1990, c. J.4, s. 2 (1).

Reappointment as part-time

(2) The Lieutenant Governor in Council shall not appoint a full-time justice of the peace to be a part-time justice of the peace unless the Review Council recommends the reappointment. R.S.O. 1990, c. J.4, s. 2 (2).

Other work

(3) After a day to be named by proclamation of the Lieutenant Governor, a justice of the peace shall not engage in any other remunerative work without the approval of the Review Council. R.S.O. 1990, c. J.4, s. 2 (3).

Oath of office

3. Every justice of the peace, before beginning the duties of office, shall make the following oath or affirmation in French or in English:

I, ................, solemnly swear (affirm) that I will faithfully and to the best of my skill and knowledge, execute the duties of a justice of the peace, and I will do so without fear or favour, affection or ill will. So help me God. (Omit last sentence in an affirmation.)

R.S.O. 1990, c. J.4, s. 3.

Presiding or non-presiding

4. (1) The Lieutenant Governor in Council, on the recommendation of the Attorney General, shall designate every justice of the peace appointed after the 30th day of August, 1990 as a presiding justice of the peace or a non-presiding justice of the peace. R.S.O. 1990, c. J.4, s. 4 (1).

(2) Repealed: 2002, c. 18, Sched. A, s. 11 (1).

Designation of other justices

(3) The Lieutenant Governor in Council, on the recommendation of the Review Council, may designate any other justice of the peace who was appointed before the 31st day of August, 1990 and had not attained the age of seventy as a presiding justice of the peace or a non-presiding justice of the peace. R.S.O. 1990, c. J.4, s. 4 (3); 1999, c. 12, Sched. B, s. 12 (1).

Undesignated justices

(4) A person appointed as a justice of the peace before the 31st day of August, 1990 who is not designated under subsection (2) or (3) shall not exercise any authority or receive any remuneration as a justice of the peace. R.S.O. 1990, c. J.4, s. 4 (4).

Change of designation

(5) The Lieutenant Governor in Council shall not change the designation of a presiding justice of the peace to that of non-presiding justice of the peace. R.S.O. 1990, c. J.4, s. 4 (5).

Justices of the peace, by virtue of office

5. Every judge of the Supreme Court of Canada, the Federal Court of Canada, the Court of Appeal, the Superior Court of Justice and every provincial judge is by virtue of his or her office a justice of the peace and also has power to do alone whatever two or more justices of the peace are authorized to do together. R.S.O. 1990, c. J.4, s. 5; 2002, c. 18, Sched. A, s. 11 (13).

Retirement

6. Every justice of the peace shall retire upon attaining the age of seventy years. R.S.O. 1990, c. J.4, s. 6.

Resignation

7. (1) A justice of the peace may resign from his or her office by delivering a signed letter of resignation to the Attorney General. R.S.O. 1990, c. J.4, s. 7 (1).

Effective date

(2) The resignation takes effect on the day the letter is delivered to the Attorney General or, if the letter specifies a later day, on that day. R.S.O. 1990, c. J.4, s. 7 (2).

Removal from office

8. (1) A justice of the peace may be removed from office only by order of the Lieutenant Governor in Council. R.S.O. 1990, c. J.4, s. 8 (1).

Grounds for removal

(2) The order may be made only if,

(a) a complaint regarding the justice of the peace has been made to the Review Council; and

(b) the removal is recommended, following an inquiry held under section 12, on the ground that the justice of the peace has become incapacitated or disabled from the due execution of his or her office by reason of,

(i) infirmity,

(ii) conduct that is incompatible with the execution of the duties of his or her office, or

(iii) having failed to perform the duties of his or her office as assigned. R.S.O. 1990, c. J.4, s. 8 (2).

Order to be tabled

(3) The order shall be laid before the Legislative Assembly if it is in session or, if not, within fifteen days after the commencement of the next session. R.S.O. 1990, c. J.4, s. 8 (3).

Review Council

9. (1) The council known in English as the Justices of the Peace Review Council and in French as Conseil d’évaluation des juges de paix is continued and shall be composed of,

(a) the Chief Justice of the Ontario Court of Justice who shall preside over the Review Council;

(b) the Associate Chief Justice Co-ordinator of Justices of the Peace;

(c) the regional senior judge of the Ontario Court of Justice in the region in which the matter being considered by the Council arises;

(d) a justice of the peace appointed by the Lieutenant Governor in Council; and

(e) not more than two other persons appointed by the Lieutenant Governor in Council. R.S.O. 1990, c. J.4, s. 9 (1); 1994, c. 12, s. 51; 2002, c. 18, Sched. A, s. 11 (2, 3, 12).

Quorum

(2) A majority of members of the Review Council constitutes a quorum and is sufficient for the exercise of all the jurisdiction and powers of the Review Council. R.S.O. 1990, c. J.4, s. 9 (2).

Staff

(3) Such officers and employees of the Review Council as are considered necessary may be appointed under the Public Service Act. R.S.O. 1990, c. J.4, s. 9 (3).

Expert assistance

(4) The Review Council may engage persons, including counsel, to assist it in its investigations. R.S.O. 1990, c. J.4, s. 9 (4).

Functions

10. (1) The functions of the Review Council are,

(a) to consider all proposed appointments and designations of justices of the peace and make reports concerning them to the Attorney General;

(b) to receive and investigate complaints against justices of the peace; and

(c) dealing with continuing education plans in accordance with subsection 14 (1). R.S.O. 1990, c. J.4, s. 10 (1); 2002, c. 18, Sched. A, s. 11 (4).

Liability for damages

(2) No action or other proceeding for damages shall be instituted against the Review Council or its members or officers or any person acting under its authority for any act done in good faith in the execution or intended execution of its or his or her duty. R.S.O. 1990, c. J.4, s. 10 (2).

Investigation of complaints

11. (1) When the Review Council receives a complaint against a justice of the peace, it shall take such action to investigate the complaint, including a review of it with the justice of the peace, as it considers advisable. R.S.O. 1990, c. J.4, s. 11 (1).

Referral to Associate Chief Justice Co-ordinator of Justices of the Peace

(2) The Review Council may, if it considers it appropriate to do so, transmit complaints to the Associate Chief Justice Co-ordinator of Justices of the Peace. R.S.O. 1990, c. J.4, s. 11 (2); 1994, c. 12, s. 52; 2002, c. 18, Sched. A, s. 11 (12).

Proceedings not public

(3) The proceedings of the Review Council shall not be public, but it may inform the Attorney General that it has undertaken an investigation and the Attorney General may make that fact public. R.S.O. 1990, c. J.4, s. 11 (3).

Prohibiting publication

(4) The Review Council may order that information or documents relating to its investigation not be published or disclosed except as required by law. R.S.O. 1990, c. J.4, s. 11 (4).

Powers

(5) The Review Council has all the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the investigation as if it were an inquiry under that Act. R.S.O. 1990, c. J.4, s. 11 (5).

Notice of disposition

(6) When the Review Council has dealt with a complaint regarding a justice of the peace, it shall inform,

(a) the person who made the complaint; and

(b) the justice of the peace, if the complaint was brought to his or her attention,

of its disposition of the complaint. R.S.O. 1990, c. J.4, s. 11 (6).

Report and recommendations

(7) The Review Council may report its opinion regarding the complaint to the Attorney General and may recommend,

(a) that an inquiry be held under section 12;

(b) that the justice of the peace be compensated for all or part of his or her costs in connection with the investigation. R.S.O. 1990, c. J.4, s. 11 (7).

Copy to justice

(8) A copy of the report shall be given to the justice of the peace. R.S.O. 1990, c. J.4, s. 11 (8).

Right to be heard

(9) The Review Council shall not make a report unless the justice of the peace was notified of the investigation and given an opportunity to be heard and to produce evidence. R.S.O. 1990, c. J.4, s. 11 (9).

Publication of report

(10) The Attorney General may make all or part of the report public, if he or she is of the opinion that it is in the public interest to do so. R.S.O. 1990, c. J.4, s. 11 (10).

Inquiry

12. (1) The Lieutenant Governor in Council may appoint a provincial judge to inquire into the question whether there has been misconduct by a justice of the peace. 1994, c. 12, s. 53.

Powers

(2) The Public Inquiries Act applies to the inquiry. R.S.O. 1990, c. J.4, s. 12 (2).

Report

(3) The report of the inquiry may recommend that the Lieutenant Governor in Council remove the justice of the peace from office in accordance with section 8, or that the Review Council implement a disposition under subsection (3.3). 1994, c. 12, s. 53.

Same

(3.1) The report may recommend that the justice of the peace be compensated for all or part of the cost of legal services incurred in connection with the inquiry. 1994, c. 12, s. 53.

Maximum

(3.2) The amount of compensation recommended under subsection (3.1) shall be based on a rate for legal services that does not exceed the maximum rate normally paid by the Government of Ontario for similar services. 1994, c. 12, s. 53.

Dispositions by Review Council

(3.3) If the report recommends that the Review Council implement a disposition under this subsection, the Council may,

(a) warn the justice of the peace;

(b) reprimand the justice of the peace;

(c) order the justice of the peace to apologize to the complainant or to any other person;

(d) order the justice of the peace to take specified measures, such as receiving education or treatment, as a condition of continuing to sit as a justice of the peace;

(e) suspend the justice of the peace with pay, for any period; or

(f) suspend the justice of the peace without pay, but with benefits, for a period up to 30 days. 1994, c. 12, s. 53.

Tabling of report

(4) The report shall be laid before the Legislative Assembly if it is in session or, if not, within fifteen days after the commencement of the next session. R.S.O. 1990, c. J.4, s. 12 (4).

Associate Chief Justice Co-ordinator of Justices of the Peace

13. (1) The Associate Chief Justice Co-ordinator of Justices of the Peace shall exercise general supervision and direction over sittings of justices of the peace and assign their duties, subject to the direction of the Chief Justice. 1994, c. 12, s. 54; 2002, c. 18, Sched. A, s. 11 (5, 12).

Authority

(2) The authority to assign duties includes authority to direct the times and places that justices of the peace shall perform their duties. 1994, c. 12, s. 54.

Duty roster

(3) A part-time justice of the peace shall not act as a justice of the peace except in accordance with a duty roster established by the Associate Chief Justice Co-ordinator of Justices of the Peace. 1994, c. 12, s. 54; 2002, c. 18, Sched. A, s. 11 (12).

Duty rosters public

(4) The duty rosters shall be made available to the public. 1994, c. 12, s. 54.

Reports

(5) Part-time justices of the peace shall submit to the Associate Chief Justice Co-ordinator of Justices of the Peace, when he or she so requests, reports containing the prescribed information on the duties they have performed. 1994, c. 12, s. 54; 2002, c. 18, Sched. A, s. 11 (12).

Assistance

(6) Provincial judges shall assist the Associate Chief Justice Co-ordinator of Justices of the Peace in the supervision of justices and assignment of their duties and in the exercise of his or her other functions under this section, if he or she so requests, and for the purpose they have his or her authority. 1994, c. 12, s. 54; 2002, c. 18, Sched. A, s. 11 (12).

Continuing education

14. (1) The Associate Chief Justice Co-ordinator of Justices of the Peace shall establish a plan for the continuing education of justices of the peace, and shall implement the plan when it has been reviewed and approved by the Review Council. 2002, c. 18, Sched. A, s. 11 (6).

Consultation

(2) In establishing the plan for continuing education, the Associate Chief Justice Co-ordinator of Justices of the Peace shall consult with justices of the peace and with such other persons as he or she considers appropriate. 2002, c. 18, Sched. A, s. 11 (6).

Plan to be made public

(3) The Associate Chief Justice Co-ordinator of Justices of the Peace shall ensure that the plan for continuing education is made available to the public, in English and French, when it has been approved by the Review Council. 2002, c. 18, Sched. A, s. 11 (6).

15. Repealed: 2002, c. 18, Sched. A, s. 11 (7).

16. Repealed: 2002, c. 18, Sched. A, s. 11 (7).

Jurisdiction of justices

17. (1) Justices of the peace have jurisdiction throughout Ontario. R.S.O. 1990, c. J.4, s. 17 (1).

Idem

(2) Justices of the peace shall exercise the powers and perform the duties conferred or imposed on a justice of the peace by or under an Act of the Legislature or of the Parliament of Canada. R.S.O. 1990, c. J.4, s. 17 (2); 2002, c. 18, Sched. A, s. 11 (8).

Justices to assist public

(3) Justices of the peace shall assist members of the public, at their request, in formulating informations in respect of offences. R.S.O. 1990, c. J.4, s. 17 (3).

Salary of part-time justices

18. The salary, if any, to which a part-time justice of the peace is entitled shall be based on the justice’s workload, as determined by the Associate Chief Justice Co-ordinator of Justices of the Peace, and shall be calculated in accordance with the regulations. 1994, c. 12, s. 55; 2002, c. 18, Sched. A, s. 11 (12).

Directions

19. (1) The Associate Chief Justice Co-ordinator of Justices of the Peace may issue directions to justices of the peace on questions of law and procedure. R.S.O. 1990, c. J.4, s. 19 (1); 1994, c. 12, s. 56 (1); 2002, c. 18, Sched. A, s. 11 (12).

Directions binding on justices

(2) Justices of the peace shall follow a direction issued under subsection (1) unless it has been disapproved by a court on an appeal or a review. R.S.O. 1990, c. J.4, s. 19 (2).

Publication

(3) The Associate Chief Justice Co-ordinator of Justices of the Peace shall publish the directions. 1994, c. 12, s. 56 (2); 2002, c. 18, Sched. A, s. 11 (12).

Immunity from liability

20. A justice of the peace has the same immunity from liability as a judge of the Superior Court of Justice. R.S.O. 1990, c. J.4, s. 20; 2002, c. 18, Sched. A, s. 11 (13).

Regulations

21. (1) The Lieutenant Governor in Council may make regulations,

(a) prescribing offences under Acts of Parliament other than the Criminal Code (Canada) in respect of which a presiding justice of the peace may be assigned to preside at a trial;

(b) prescribing the information to be included in reports under subsection 14 (5);

(c) prescribing the salaries of full-time justices of the peace and prescribing the manner in which the salaries of part-time justices of the peace shall be calculated, including the factors to be taken into account and the method of calculation to be used;

(d) providing for the benefits to which full-time and part-time justices of the peace are entitled;

(e) providing for the payment of additional compensation to full-time and part-time justices of the peace for special assignments;

(f) prescribing duties that shall not be assigned to a non-presiding justice of the peace. R.S.O. 1990, c. J.4, s. 21 (1).

Classes

(2) A regulation made under clause (1) (c) or (d) may prescribe classes of full-time and part-time justices of the peace for the purpose of salaries and benefits. R.S.O. 1990, c. J.4, s. 21 (2).

Justices of the peace who are public servants

(3) A regulation made under clause (1) (c) or (d) may provide that the duties performed, in the course of their public service employment, by justices of the peace who are also employed in the public service of Ontario shall not be considered in calculating their salary and benefits under this Act. R.S.O. 1990, c. J.4, s. 21 (3).

Contributions

(4) A regulation made under clause (1) (d) may require justices of the peace to contribute from their salaries part of the cost of a benefit and may fix the amount of the contributions. R.S.O. 1990, c. J.4, s. 21 (4).

Benefits

(5) A regulation made under clause (1) (d) may provide that justices of the peace whose salaries are less than prescribed amounts are not entitled to prescribed benefits. R.S.O. 1990, c. J.4, s. 21 (5).

Territorial limitations

(6) A regulation made under clause (1) (e) may be limited territorially. R.S.O. 1990, c. J.4, s. 21 (6).

Remuneration of justices of the peace

21.1 (1) Justices of the peace are entitled to receive the remuneration determined by the Lieutenant Governor in Council. 1999, c. 12, Sched. B, s. 12 (2).

Commission

(2) The Lieutenant Governor in Council shall establish a commission to be known in English as the Justices of the Peace Remuneration Commission and in French as Commission de rémunération des juges de paix to make recommendations with respect to the remuneration of justices of the peace. 1999, c. 12, Sched. B, s. 12 (2).

Regulations

(3) The Lieutenant Governor in Council may make regulations,

(a) respecting the Justices of the Peace Remuneration Commission;

(b) defining “remuneration” for the purposes of this section;

(c) specifying the criteria to be used by the Justices of the Peace Remuneration Commission in developing recommendations;

(d) respecting the Lieutenant Governor in Council’s consideration of and response to recommendations of the Justices of the Peace Remuneration Commission. 1999, c. 12, Sched. B, s. 12 (2).

Application of certain provisions

22. (1) Sections 4 and 18 and subsection 17 (2) do not apply in an area in Ontario until the Lieutenant Governor in Council by regulation provides that they apply in that area. R.S.O. 1990, c. J.4, s. 22 (1); 2002, c. 18, Sched. A, s. 11 (9).

(2) Repealed: 2002, c. 18, Sched. A, s. 11 (10).

Regulations

(3) The Lieutenant Governor in Council may make regulations declaring that sections 4 and 18 and subsection 17 (2) apply in one or more areas of the Province. R.S.O. 1990, c. J.4, s. 22 (3); 2002, c. 18, Sched. A, s. 11 (11).

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