Justices of the Peace Regulation

Justices of the Peace Regulation, M.R. 117/2006 The Provincial Court Act , C.C.S.M. c. C275 Regulation 117/2006 Registered May 19, 2006 bilingual version (HTML) Table of Contents Section PART 1 DEFINITION 1 Definition PART 2 JUDICIAL JUSTICES OF THE PEACE 2 Number of judicial justices 2.1 Additional appointment to address long term absence PART 2.1 SENIOR JUDICIAL JUSTICESOF THE PEACE 3 Salary 3.1 Working days 3.2 Expenses 4 Powers and duties under The Domestic Violence and Stalking Act PART 3 STAFF JUSTICES OF THE PEACE 5 Powers and duties of a staff justice of the peace PART 4 COMMUNITY JUSTICES OF THE PEACE Appointment Process 6 Nominating committee 7 Advertising in area to be served by JP 8 Duties of nominating committee 9 Confidentiality of information 10 Chief Judge recommends a candidate Powers and Duties 11 Powers and duties of a community justice of the peace Remuneration 12 Remuneration PART 5 COMING INTO FORCE 13 Coming into force PART 1 DEFINITION Definition 1 In this regulation, "Act" means The Provincial Court Act . PART 2 JUDICIAL JUSTICES OF THE PEACE Number of judicial justices 2 Subject to section 2.1, the Lieutenant Governor in Council may appoint up to 21 judicial justices of the peace. M.R. 125/2009 ; 78/2018 Additional appointment to address long term absence 2.1(1) The Lieutenant Governor in Council may appoint a judicial justice of the peace that would result in the number of judicial justices of the peace exceeding the limit set out in section 2 if (a) a judicial justice of the peace has been unable to perform his or her duties for an extended period due to illness or another reason; and (b) the anticipated date for that judicial justice of the peace to return to his or her duties is unknown. 2.1(2) A judicial justice of the peace appointed in the circumstances set out in subsection (1) has the same duties, benefits and rights as all other judicial justices of the peace, including the term of office specified in section 46 of the Act. M.R. 78/2018 Salary 3 For the purpose of subsection 48(1) of the Act, the percentage of the salary paid to a judge to which a judicial justice of the peace is entitled is 43%. PART 2.1 SENIOR JUDICIAL JUSTICES OF THE PEACE Working days 3.1 For the purpose of subsection 49.3(8) of the Act, the annual number of working days of a full-time judicial justice of the peace is 215. M.R. 104/2017 Expenses 3.2 For the purpose of subsection 49.3(9) of the Act, a senior judicial justice of the peace is entitled to be reimbursed for reasonable expenses in accordance with the government's policy applicable to civil servants. M.R. 104/2017 Powers and duties under The Domestic Violence and Stalking Act 4 A judicial justice of the peace is a designated justice under The Domestic Violence and Stalking Act and has all the powers and can perform all the duties conferred or imposed on a designated justice of the peace under that Act. PART 3 STAFF JUSTICES OF THE PEACE Powers and duties of a staff justice of the peace 5 In relation to provincial or federal enactments, a staff justice of the peace only has authority to do the following: 1. Administer or swear an oath. 2. Take an affidavit. 3. Swear an information. 4. Certify copies of court documents. 5. Witness the execution of documents. 6. Issue a summons except where there is a requirement to hear evidence. 7. Issue a warrant for arrest except where (a) authorization to enter premises is requested at the same time; or (b) there is a requirement to hear evidence. 8. Endorse a warrant for arrest that authorizes release by an officer in charge. 9. Confirm an appearance notice, a promise to appear or a recognizance before a peace officer, or cancel it. 10. Issue a subpoena. 11. Set a hearing date. 12. Receive a report when items seized have been authorized by a search warrant and determine the detention or return of the seized items. 13. Grant an adjournment or a remand. 14. Endorse a stay of proceedings. 15. Endorse a warrant from outside Manitoba for execution in Manitoba. 16. Accept a guilty plea. 17. For an offence under an enactment where the amount of the fine for the offence is set out in the Preset Fines and Offence Descriptions Regulation , impose any sanction required by the enactment that sets out the offence. 18. Grant time to pay a fine referred to in item 17. 19. Enter a default conviction under The Provincial Offences Act . 20. Quash a ticket under The Provincial Offences Act . 21. Make an order for substituted service under The Provincial Offences Act . 22. Put an election to an accused as to mode of trial. 23. Accept a plea of not guilty and set the matter down for a preliminary inquiry or a trial. 24. Where the Crown and defence lawyer consent, order a pre-sentence report. 25. Grant judicial interim release of a person if the release and the form and conditions of the release are uncontested. 26. Endorse a variation of a judicial interim release order that was made by a justice of the peace or a peace office when the Crown consents to the terms of the variation. 27. Issue an order for discharge to release a person from custody. 28. Grant an application from a lawyer to withdraw as a person's lawyer if the person's new lawyer is present and consents to represent the person. 29. Determine the sufficiency of a surety. 30. Issue an order of committal when a surety applies to be released from his or her obligation under the surety. 31. Issue a notice to a parent under the Youth Criminal Justice Act (Canada). 32. Perform a function that is incidental to any of the matters referred above. 33. Perform a function that is incidental to any of the powers or duties of a provincial court judge or a judicial justice of the peace. M.R. 98/2017 PART 4 COMMUNITY JUSTICES OF THE PEACE Appointment Process Nominating committee 6(1) When an appointment of a community justice of the peace is required, the Chief Judge is to appoint a Community Justice of the Peace Nominating Committee composed of (a) a civil servant employed under the minister, who is to be the chair of the committee; (b) a representative of the Chief Judge who is a judge or a justice of the peace; and (c) up to four representatives of the area in which the community justice of the peace is to provide services, including representatives of the towns, villages and aboriginal communities in the area. 6(2) If no one referred to in clause (1)⁠(c) accepts an appointment, the Community Justice of the Peace Nominating Committee is composed of the persons referred to in clauses (1)⁠(a) and (b). Advertising in area to be served by JP 7 The Chief Judge must cause advertisements and application forms to be distributed in the area to be served by the community justice of the peace. Duties of nominating committee 8 The nominating committee must (a) invite to an interview, each applicant who is (i) 18 years of age or older, (ii) a Canadian citizen, (iii) a resident of Manitoba, (iv) meets the language requirement of the position, and (v) is not ineligible under the Act; (b) at an interview, assess the applicant's (i) knowledge and understanding of the role of a justice of the peace and the justice system, and (ii) personal suitability, including his or her standing in the community, availability and potential conflicts of interest; and (c) after the interview, provide a selection report to the Chief Judge which includes a list of those applicants that the committee recommends as qualified for appointment, ranked in order of preference. Confidentiality of information 9 A nominating committee must conduct its proceedings in private, and the committee members must maintain secrecy in respect of information obtained from or about a candidate. Chief Judge recommends qualified candidates 10 The Chief Judge is to consider the recommendations of the nominating committee and provide the minister with the names of one or more qualified candidates that the Chief Judge recommends for appointment by the Lieutenant Governor in Council. Powers and Duties Powers and duties of a community justice of the peace 11 In relation to provincial or federal enactments, a community justice of the peace only has authority to do the following: 1. Administer or swear an oath. 2. Take an affidavit. 3. Swear an information. 4. Witness documents pursuant to any enactment. 5. Issue a summons except where there is a requirement to hear evidence. 6. Issue a warrant for arrest except where (a) authorization to enter premises is requested at the same time; or (b) there is a requirement to hear evidence. 7. Endorse a warrant for arrest that authorizes release by an officer in charge. 8. Confirm an appearance notice, a promise to appear or a recognizance before a peace officer, or cancel it. 9. Issue a subpoena. 10. Set a hearing date. 11. Grant an adjournment or a remand. 12. Endorse a stay of proceedings. 13. Endorse a warrant from outside Manitoba for execution in Manitoba. 14. Grant judicial interim release of a person if the release and the form and conditions of the release are uncontested. 15. Determine the sufficiency of a surety. 16. Accept an undertaking by a responsible person in accordance with the Youth Criminal Justice Act (Canada). 17. Perform a function that is incidental to an order granting judicial interim release. Remuneration Remuneration 12 A community justice of the peace is entitled to be paid $125. per month and reimbursed for reasonable expenses in accordance with the policy applicable to civil servants. PART 5 COMING INTO FORCE Coming into force 13 This regulation comes into force on the same day that The Provincial Court Amendment Act (Justices of the Peace) , S.M. 2005, c. 8, comes into force.