Justices of the Peace Act

1 In this Act, “prescribed” means prescribed by the regulations; (“prescrit”) “regulations” means the regulations made under this Act; (“règlements”) “Review Council” means the Justices of the Peace Review Council continued by section 8. (“Conseil d’évaluation”) R.S.O. 1990, c. J.4, s. 1; 1994, c. 12, s. 50; 2006, c. 21, Sched. B, s. 1. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 50 - 1/09/1995 2006, c. 21, Sched. B, s. 1 (1, 2) - 01/01/2007

2 (1) The Lieutenant Governor in Council, on the recommendation of the Attorney General, may appoint full-time justices of the peace. 2006, c. 21, Sched. B, s. 2. Qualifications (1.1) No person shall be appointed as a justice of the peace under subsection (1) unless he or she has performed paid or volunteer work equivalent to at least 10 years of full-time experience and, (a) has a university degree; (b) has a diploma or advanced diploma granted by a college of applied arts and technology or a community college following completion of a program that is the equivalent in class hours of a full-time program of at least four academic semesters; (c) has a degree from an institution, other than a university, that is authorized to grant the degree, (i) under the Post-secondary Education Choice and Excellence Act, 2000, (ii) under a special Act of the Assembly that establishes or governs the ins…

2.1 (1) The committee known as the Justices of the Peace Appointments Advisory Committee in English and Comité consultatif sur la nomination des juges de paix in French is continued. 2020, c. 18, Sched. 8, s. 2. Composition (2) The Committee is composed of four core members as follows: 1. A judge of the Ontario Court of Justice, or a justice of the peace, appointed by the Chief Justice of the Ontario Court of Justice. 2. A justice of the peace appointed by the Chief Justice of the Ontario Court of Justice who is either the Senior Indigenous Justice of the Peace or another justice of the peace familiar with Indigenous issues or, when the justice of the peace so appointed is not available to act as a member of the Committee, another justice of the peace familiar with Indigenous issues who is designated by the Chief Justice of the Ontario Court of Justice. 3. Two persons appointed by the At…

2.2 (1) The functions of the Justices of the Peace Appointments Advisory Committee are to, (a) classify candidates for appointment as justices of the peace; (b) report on the classifications to the Attorney General; and (c) provide advice to the Attorney General respecting the process for appointing justices of the peace in accordance with this Act. 2020, c. 18, Sched. 8, s. 2. Manner of operating (2) The Committee shall perform its functions in the following manner: 1. It shall determine the skills, abilities and personal characteristics that are desired in a justice of the peace and make them available to the public. 2. It shall develop a candidate application form that specifies what supporting material is required, and it shall make the form available to the public. 3. It shall develop the application procedure and make information about it available to the public. 4. On the request …

2.3 (1) Subject to subsection (2), the appointment of every person who was a member of the Justices of the Peace Appointments Advisory Committee on the day before the day section 2 of Schedule 8 to the COVID-19 Economic Recovery Act, 2020 came into force is continued. 2020, c. 18, Sched. 8, s. 2. Termination without cause (2) The Attorney General may terminate the appointment of any member of the Committee whose appointment was continued by subsection (1), without cause, for the purpose of transitioning the Committee’s composition to the composition specified in subsections 2.1 (2) and (3). 2020, c. 18, Sched. 8, s. 2. No compensation or damages (3) No person is entitled to any compensation or damages for any loss related, directly or indirectly, to the enactment of section 1 or 2 of Schedule 8 to the COVID-19 Economic Recovery Act, 2020. 2020, c. 18, Sched. 8, s. 2. No cause of action (…

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.

4 (1) Every justice of the peace is a presiding justice of the peace. 2006, c. 21, Sched. B, s. 4. Exception (2) Despite subsection (1), a person appointed as a non-presiding justice of the peace before that subsection came into force continues in office as a non-presiding justice of the peace. 2006, c. 21, Sched. B, s. 4. Change to presiding (3) The Lieutenant Governor in Council, on the recommendation of the Attorney General, may change a person’s appointment as a non-presiding justice of the peace to an appointment as a presiding justice of the peace. 2006, c. 21, Sched. B, s. 4. Consultation (4) Before making a recommendation under subsection (3), the Attorney General must obtain the recommendation of the Chief Justice of the Ontario Court of Justice on the matter. 2006, c. 21, Sched. B, s. 4. Undesignated justices (5) A person appointed as a justice of the peace before August 1, 199…

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). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. A, s. 11 (13) - 26/11/2002

5.1 (1) The Attorney General, on the request of a justice of the peace, shall change his or her designation from that of a full-time or part-time justice of the peace to that of a per diem justice of the peace if the following conditions are met: 1. The Chief Justice of the Ontario Court of Justice recommends that the justice of the peace be designated as a per diem justice of the peace. 2. The justice of the peace provided services on or after April 1, 2000 as a full-time or part-time justice of the peace. 3. The justice of the peace has retired or will retire as a full-time or part-time justice of the peace before the effective date of the change in designation. 4. The justice of the peace will be under 75 years of age on the effective date of the change in designation. 2006, c. 21, Sched. B, s. 5; 2009, c. 33, Sched. 2, s. 39 (3); 2017, c. 2, Sched. 2, s. 21. Cessation at 65 years (2)…

5.2 (1) A justice of the peace who believes that he or she is unable, because of a disability, to perform the essential duties of the office unless his or her needs are accommodated may apply to the Review Council for an order under subsection (2). 2006, c. 21, Sched. B, s. 6. Duty of Review Council (2) If the Review Council finds that the justice of the peace is unable, because of a disability, to perform the essential duties of the office unless his or her needs are accommodated, it shall order that the needs of the justice of the peace be accommodated to the extent necessary to enable him or her to perform those duties. 2006, c. 21, Sched. B, s. 6. Undue hardship (3) Subsection (2) does not apply if the Review Council is satisfied that making an order would impose undue hardship on the person responsible for accommodating the needs of the justice of the peace, considering the cost, ou…

6 (1) Subject to subsections (2) and (3), every full-time or part-time justice of the peace shall retire when he or she reaches 65 years of age. 2009, c. 33, Sched. 2, s. 39 (5). Continuation in office (2) A full-time or part-time justice of the peace who is 65 years of age or older may, subject to the annual approval of the Chief Justice of the Ontario Court of Justice, continue in office until he or she reaches 75 years of age. 2009, c. 33, Sched. 2, s. 39 (5). Same (3) A justice of the peace who continues in office in accordance with subsection (2) after reaching 65 years of age continues as a full-time or part-time justice of the peace in accordance with the office he or she held before reaching 65 years of age, subject to a change in designation under section 5.1. 2009, c. 33, Sched. 2, s. 39 (5). Regional senior justice of the peace (4) A regional senior justice of the peace of the…

7 (1) A justice of the peace may resign from his or her office by delivering a signed letter of resignation to the Chief Justice of the Ontario Court of Justice. R.S.O. 1990, c. J.4, s. 7 (1); 2017, c. 2, Sched. 2, s. 22 (1). Effective date (2) The resignation takes effect on the day the letter is delivered to the Chief Justice of the Ontario Court of Justice or, if the letter specifies a later day, on that day. R.S.O. 1990, c. J.4, s. 7 (2); 2017, c. 2, Sched. 2, s. 22 (2). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 2, s. 22 (1, 2) - 22/03/2017

8 (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. 2006, c. 21, Sched. B, s. 7. Functions (2) The functions of the Review Council are, (a) to consider applications under section 5.2 for the accommodation of needs; (b) to establish complaints committees from among its members to review and investigate complaints under section 11; (b.1) to approve criteria under subsection 6 (5) for granting approval for justices of the peace to continue in office once they reach 65 years of age; (c) to review and approve standards of conduct under section 13; (d) to deal with continuing education plans under section 14; and (e) to decide whether a justice of the peace may engage in other remunerative work. 2006, c. 21, Sched. B, s. 7; 2009, c. 33, Sched. 2, s. 39 (6). Composition (3) The Review Council is com…

9 (1) The Review Council shall provide, in courthouses and elsewhere, information about itself and about its role in the justice system, including information about how members of the public may obtain assistance in making complaints. 2006, c. 21, Sched. B, s. 7. Same (2) In providing information, the Review Council shall emphasize the elimination of cultural and linguistic barriers and the accommodation of the needs of persons with disabilities. 2006, c. 21, Sched. B, s. 7. Assistance to public (3) Where necessary, the Review Council shall arrange for the provision of assistance to members of the public in the preparation of documents for making complaints. 2006, c. 21, Sched. B, s. 7. Telephone access (4) The Review Council shall provide province-wide free telephone access, including telephone access for the deaf, to information about itself and its role in the justice system. 2006, c.…

10 (1) The Review Council may establish rules of procedure for complaints committees and for hearing panels and the Review Council shall make the rules available to the public. 2006, c. 21, Sched. B, s. 8. Legislation Act, 2006 (2) Part III (Regulations) of the Legislation Act, 2006 does not apply to rules established by the Review Council. 2006, c. 21, Sched. B, s. 9. SPPA, s. 28 (3) Section 28 of the Statutory Powers Procedure Act does not apply to the Review Council. 2006, c. 21, Sched. B, s. 8. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. A, s. 11 (4) - 26/11/2002 2006, c. 21, Sched. B, s. 8 - 01/01/2007; 2006, c. 21, Sched. B, s. 9 - 25/06/2007

10.1 (1) The information provided under subsections 9 (1), (3) and (4) and any rules established under subsection 10 (1) shall be made available in English and French. 2006, c. 21, Sched. B, s. 8. Same (2) Complaints against justices of the peace may be made in English or French. 2006, c. 21, Sched. B, s. 8. Same (3) A hearing under section 11.1 shall be conducted in English, but a complainant or witness who speaks French or a justice of the peace who is the subject of a complaint and who speaks French is entitled, on request, (a) to be given, before the hearing, French translations of documents that are written in English and are to be considered at the hearing; (b) to be provided with the assistance of an interpreter at the hearing; and (c) to be provided with simultaneous interpretation into French of the English portions of the hearing. 2006, c. 21, Sched. B, s. 8. Bilingual hearing …

10.2 (1) Any person may make a complaint to the Review Council about the conduct of a justice of the peace. 2006, c. 21, Sched. B, s. 8. Same (2) A complaint to the Review Council must be made in writing. 2006, c. 21, Sched. B, s. 8. Same (3) If a complaint about the conduct of a justice of the peace is made to any other justice of the peace or to a judge or the Attorney General, the other justice of the peace or the judge or the Attorney General, as the case may be, shall provide the person making the complaint with information about the Review Council’s role in the justice system and about how a complaint may be made, and shall refer the person to the Review Council. 2006, c. 21, Sched. B, s. 8. Information re complaint (4) At any person’s request, the Review Council may confirm or deny that a particular complaint has been made to it. 2006, c. 21, Sched. B, s. 8. Section Amendments wit…

11 (1) As soon as possible after receiving a complaint about the conduct of a justice of the peace, the Review Council shall establish a complaints committee and the complaints committee shall investigate the complaint and dispose of the matter as provided in subsection (15). 2006, c. 21, Sched. B, s. 10. Composition (2) A complaints committee shall be composed of, (a) a judge who shall chair the complaints committee; (b) a justice of the peace; and (c) a member who is neither a judge nor a justice of the peace. 2006, c. 21, Sched. B, s. 10. Timely reporting to complainant (3) The complaints committee shall report in a timely manner to the complainant that it has received the complaint and it shall report in a timely manner to the complainant on its disposition of the matter. 2006, c. 21, Sched. B, s. 10. Disqualification (4) The members of a complaints committee who investigate a compla…

11.1 (1) When a hearing is ordered under subsection 11 (15), the chair of the Review Council shall establish a hearing panel from among the members of the Review Council to hold a hearing in accordance with this section. 2006, c. 21, Sched. B, s. 10. Composition (2) A hearing panel shall be composed of, (a) a judge who shall chair the panel; (b) a justice of the peace; and (c) a member who is a judge, a lawyer or a member of the public. 2006, c. 21, Sched. B, s. 10. Quorum (3) All the members of the panel constitute a quorum. 2006, c. 21, Sched. B, s. 10. Application of SPPA (4) The Statutory Powers Procedure Act, except sections 4 and 28, applies to the hearing. 2006, c. 21, Sched. B, s. 10. Rules of procedure (5) The rules of procedure established under subsection 10 (1) apply to the hearing. 2006, c. 21, Sched. B, s. 10. Communication re subject-matter of hearing (6) The members of th…

11.2 (1) A justice of the peace may be removed from office only by order of the Lieutenant Governor in Council. 2006, c. 21, Sched. B, s. 10. Removal for cause (2) The order may be made only if, (a) a complaint about the justice of the peace has been made to the Review Council; and (b) a hearing panel, after a hearing under section 11.1, recommends to the Attorney General that the justice of the peace be removed on the ground that he or she has become incapacitated or disabled from the due execution of his or her office by reason of, (i) inability, because of a disability, to perform the essential duties of his or her office, if an order to accommodate the justice of the peace’s needs would not remedy the inability, or could not be made because it would impose undue hardship on the person responsible for meeting those needs, or was made but did not remedy the inability, (ii) conduct that…

12 The Associate Chief Justice Co-ordinator of Justices of the Peace, under the direction of the Chief Justice of the Ontario Court of Justice shall advise and assist the Chief Justice on all matters related to justices of the peace. 2006, c. 21, Sched. B, s. 11. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 53 - 1/09/1995 2006, c. 21, Sched. B, s. 11 - 01/01/2007

13 (1) The Associate Chief Justice Co-ordinator of Justices of the Peace may establish standards of conduct for justices of the peace, including a plan for bringing the standards into effect, and shall implement the standards and plan when they have been reviewed and approved by the Review Council. 2006, c. 21, Sched. B, s. 12. Duty of Associate Chief Justice Co-ordinator of Justices of the Peace (2) The Associate Chief Justice Co-ordinator of Justices of the Peace shall ensure that any standards of conduct are made available to the public, in English and French, when they have been approved by the Review Council. 2006, c. 21, Sched. B, s. 12. Goals (3) The following are among the goals that the Associate Chief Justice Co-ordinator of Justices of the Peace may seek to achieve by establishing standards of conduct for justices of the peace: 1. Recognizing the independence of justices of th…

13.1 (1) A justice of the peace may give a decision or participate in the giving of a decision in any matter previously tried or heard before the justice of the peace within 90 days after, (a) resigning; (b) being appointed to a court; or (c) retiring and ceasing to continue in office. 2009, c. 33, Sched. 2, s. 39 (7). Inability to give decision (2) If a justice of the peace has commenced hearing a matter and, (a) dies without giving a decision; (b) is for any reason unable to make a decision; or (c) does not give a decision under subsection (1), a party may make a motion to the Chief Justice of the Ontario Court of Justice for an order that the matter be reheard, and the Chief Justice may order that the matter be reheard by another justice of the peace or by a judge. 2006, c. 21, Sched. B, s. 12. Failure to give decision (3) If a justice of the peace has heard a matter and fails to give…

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). Establishment of courses (4) The Associate Chief Justice Co-ordinat…

15 (1) The regional senior judge, under the direction of the Chief Justice of the Ontario Court of Justice, shall direct and supervise the sittings of the justices of the peace in his or her region and the assignment of their judicial duties, and the authority of the regional senior judge shall include, (a) the approval of duty rosters; (b) the determination of the sittings for justices of the peace and the assignment of justices of the peace to those sittings; (c) the assignment of cases and other judicial duties to individual justices of the peace; (d) the determination of sitting schedules and places of sittings for individual justices of the peace; and (e) the preparation of trial lists and the assignment of court rooms, to the extent necessary to control the determination of who is assigned to hear particular cases. 2006, c. 21, Sched. B, s. 13. Dedicated justices (2) In exercising …

16 (1) The Lieutenant Governor in Council, on the recommendation of the Attorney General, may appoint a regional senior justice of the peace for each region. 2006, c. 21, Sched. B, s. 14. Consultation (2) Before recommending an appointment under subsection (1), the Attorney General shall consult with the Chief Justice of the Ontario Court of Justice. 2006, c. 21, Sched. B, s. 14. Functions (3) A regional senior justice of the peace shall advise and assist the Associate Chief Justice Co-ordinator of Justices of the Peace and the regional senior judge in all matters pertaining to justices of the peace. 2006, c. 21, Sched. B, s. 14. Terms of office (4) Regional senior justices of the peace each hold office for three years. 2006, c. 21, Sched. B, s. 14. Further appointment (5) A regional senior justice of the peace may be reappointed once, for a further term of three years, on the recommenda…

17 (1) Justices of the peace have jurisdiction throughout Ontario. R.S.O. 1990, c. J.4, s. 17 (1). (2) Repealed: 2006, c. 21, Sched. B, s. 15. 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). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. A, s. 11 (8) - 26/11/2002 2006, c. 21, Sched. B, s. 15 - 03/11/2006

18 The salary 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); 2006, c. 21, Sched. B, s. 16. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 55 - 01/09/1995 2002, c. 18, Sched. A, s. 11 (12) - 26/11/2002 2006, c. 21, Sched. B, s. 16 - 03/11/2006

19 A justice of the peace shall not engage in any other remunerative work without the approval of the Review Council. 2006, c. 21, Sched. B, s. 17. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 56 (1, 2) - 01/09/1995 2002, c. 18, Sched. A, s. 11 (12) - 26/11/2002 2006, c. 21, Sched. B, s. 17 - 01/01/2007

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). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. A, s. 11 (13) - 26/11/2002

21 (1) The Lieutenant Governor in Council may make regulations, (a) providing for the remuneration of per diem justices of the peace; (b) Repealed: 2006, c. 21, Sched. B, s. 18 (1). (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) Repealed: 2006, c. 21, Sched. B, s. 18 (1). R.S.O. 1990, c. J.4, s. 21 (1); 2006, c. 21, Sched. B, s. 18 (1). Classes (2) A regulation made under clause (1) (c) or (d) may prescribe classes of full-time and part-time justices…

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 r…

22 Repealed: 2006, c. 21, Sched. B, s. 19. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. A, s. 11 (9-11) - 26/11/2002 2006, c. 21, Sched. B, s. 19 - 03/11/2006 ______________