Justices of the Peace (Commission) Regulations, J-5.1 Reg 2

1 JUSTICES OF THE PEACE (COMMISSION) J-5.1 REG 2 The Justices of the Peace (Commission) Regulations being Chapter J-5.1 Reg 2 (effective February 11, 2014) as amended by Saskatchewan Regulations 8/2019, 71/2023 and 3/2025. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 J-5.1 REG 2 JUSTICES OF THE PEACE (COMMISSION) Table of Contents 1 Title 2 Interpretation 3 Annual salary of justices of the peace 4 Pro rata salary 4.1 Additional amounts 5 On-call allowance 6 Professional development and training sessions allowance 6.1 Educational allowance 7 Travel 8 Pension contributions 8.1 Short-term disability allowance 9 Coming into force 3 JUSTICES OF THE PEACE (COMMISSION) J-5.1 REG 2 CHAPTER J-5.1 REG 2 The Justices of the Peace Act, 1988 Title 1 These regulations may be cited as The Justices of the Peace (Commission) Regulations. Interpretation 2 In these regulations, “Act” means The Justices of the Peace Act, 1988. 21 Feb 2014 cJ-5.1 Reg 2 s2. Annual salary of justices of the peace 3(1) In this section, “annual salary of a judge of the Provincial Court of Saskatchewan” means the annual salary of a judge of the Provincial Court of Saskatchewan that is prescribed in section 3 of The Provincial Court Compensation Regulations. (2) Commencing on April 1, 2013 and ending on March 31, 2019, the annual salary to be paid to a justice of the peace engaged in his or her duties on a full-time basis is 49% of the annual salary of a judge of the Provincial Court of Saskatchewan as of April 1 of the year that precedes the year in which the calculation is being made. (3) Commencing on April 1, 2019, the annual salary to be paid to a justice of the peace engaged in his or her duties on a full-time basis is 51% of the annual salary of a judge of the Provincial Court of Saskatchewan as of April 1 of the year that precedes the year in which the calculation is being made. 21 Feb 2014 cJ-5.1 Reg 2 s3; 15 Feb 2019 SR 8/2019 s3; 14 Feb 2025 SR 3/2025 s3. Pro rata salary 4(1) Commencing on April 1, 2013 and ending on March 31, 2019, for the purposes of subsection 10.2(4) of the Act, if a senior justice of the peace is engaged in his or her duties on less than a full-time basis, the senior justice of the peace shall be paid as follows: (a) 1/220 of the annual salary prescribed in subsection 3(2) for each day that the senior justice of the peace is engaged in his or her duties; or (b) 1/440 of the annual salary prescribed in subsection 3(2) for each half-day that the senior justice of the peace is engaged in his or her duties. (1.1) Commencing on April 1, 2019, for the purposes of subsection 10.2(4) of the Act, if a senior justice of the peace is engaged in his or her duties on less than a full-time basis, the senior justice of the peace shall be paid as follows: (a) 1/220 of the annual salary prescribed in subsection 3(3) for each day that the senior justice of the peace is engaged in his or her duties; or (b) 1/440 of the annual salary prescribed in subsection 3(3) for each half-day that the senior justice of the peace is engaged in his or her duties. 4 J-5.1 REG 2 JUSTICES OF THE PEACE (COMMISSION) (2) Commencing on April 1, 2013 and ending on March 31, 2019, for the purposes of clause 10.2(5)(a) of the Act, a justice of the peace other than a senior justice of the peace shall be paid for each hour that he or she is engaged in his or her duties an amount equal to 1/1760 of the annual salary prescribed in subsection 3(2). (2.1) Commencing on April 1, 2019, for the purposes of clause 10.2(5)(a) of the Act, a justice of the peace, other than a senior justice of the peace or a relief justice of the peace, shall be paid for each hour that he or she is engaged in his or her duties an amount equal to 1/1760 of the annual salary prescribed in subsection 3(3). (3) Commencing on November 5, 2023, for the purposes of clause 10.2(5)(b) of the Act, a relief justice of the peace shall be paid for each hour that he or she is engaged in his or her duties an amount equal to 1/1760 of the annual salary prescribed in subsection 3(3). 21 Feb 2014 cJ-5.1 Reg 2 s4; 18 Aug 2023 SR 71/2023 s3; 14 Feb 2025 SR 3/2025 s4. Additional amounts 4.1(1) Commencing on April 1, 2019, for the purposes of subsection 10.2(5.1) of the Act: (a) the supervising justice of the peace is to be paid an additional amount equal to 7.5% of the annual salary prescribed in subsection 3(3); and (b) the assistant supervising justice of the peace is to be paid an additional amount equal to 5% of the annual salary prescribed in subsection 3(3). (2) Commencing on the day on which this subsection comes into force and ending on March 31, 2025, for the purposes of subsection 10.2(5.1) of the Act, an administrative justice of the peace appointed pursuant to subsection 3(8) of the Act is to be paid an additional amount equal to 2% of the annual salary determined in accordance with section 3 or 4 of these regulations, as the case may be. (3) Commencing on April 1, 2025, for the purposes of subsection 10.2(5.1) of the Act, an administrative justice of the peace appointed pursuant to subsection 3(8) of the Act is to be paid an additional amount equal to 2.5% of the annual salary determined in accordance with section 3 or 4 of these regulations, as the case may be. 15 Feb 2019 SR 8/2019 s4; 18 Aug 2023 SR 71/2023 s4; 14 Feb 2025 SR 3/2025 s5. On-call allowance 5 Commencing on April 1, 2013, if a justice of the peace who is engaged in his or her duties on less than a full-time basis is required or requested by the supervising justice of the peace to be on call to engage in his or her duties, the justice of the peace shall be paid, for each full or partial period of 24 consecutive hours that he or she is on call, an amount C as calculated in accordance with the following formula: C = DS 8 where DS is the amount determined pursuant to clause 4(1)(a). 21 Feb 2014 cJ-5.1 Reg 2 s5. 5 JUSTICES OF THE PEACE (COMMISSION) J-5.1 REG 2 Professional development and training sessions allowance 6 Commencing on April 1, 2013, if a justice of the peace who is engaged in his or her duties on less than a full-time basis is required or requested by the supervising justice of the peace to attend a professional development or training session, the justice of the peace shall be deemed to be engaged in his or her duties for each hour that he or she attends the professional development or training session. 21 Feb 2014 cJ-5.1 Reg 2 s6. Educational allowance 6.1(1) For each fiscal year commencing on or after April 1, 2025, a justice of the peace engaged in his or her duties on a full-time basis is entitled to be paid an accountable educational allowance in an amount not to exceed 51% of the annual maximum amount set out in subsection 6(4) of The Provincial Court Compensation Regulations. (2) For each fiscal year commencing on or after April 1, 2025, a justice of the peace engaged in his or her duties on less than a full-time basis is entitled to be paid an accountable educational allowance in an amount not to exceed 51% of the annual maximum amount mentioned in subsection (1) prorated to the salary of the justice of the peace. (3) Subject to the approval of the supervising justice of the peace, the educational allowance mentioned in subsections (1) and (2) may be used to reimburse a justice of the peace for: (a) the cost of registration to attend a professional development or training session and any registration related expenses or examination fees; and (b) the purchase of books or other educational materials used by the justice of the peace in relation to his or her duties. 14 Feb 2025 SR 3/2025 s6. Travel 7(1) Commencing on April 1, 2013, if a justice of the peace who is engaged in his or her duties on less than a full-time basis is required or requested by the supervising justice of the peace to travel for the purposes of engaging in his or her duties or to attend a professional development or training session mentioned in section 6, the justice of the peace shall be deemed to be engaged in his or her duties for each hour that he or she is engaged in travelling. (2) An amount paid pursuant to subsection (1) is in addition to any allowance for travelling and sustenance expenses that the justice of the peace may be entitled to pursuant to subsection 14.7(1) of The Justices of the Peace Regulations, 1989. 21 Feb 2014 cJ-5.1 Reg 2 s7; 15 Feb 2019 SR 8/2019 s7. 6 J-5.1 REG 2 JUSTICES OF THE PEACE (COMMISSION) Pension contributions 8(1) The contributions to be made to the pension plan mentioned in subsection 10.2(6) of the Act are the following: (a) a senior justice of the peace shall, ending on March 31, 2025, contribute an amount equal to 5% of the salary received by the senior justice of the peace; (b) commencing on April 1, 2019 and ending on March 31, 2025, the Government of Saskatchewan shall contribute with respect to each senior justice of the peace an amount equal to 7.6% of the salary received by the senior justice of the peace; (c) commencing on November 5, 2023 and ending on March 31, 2025, a relief justice of the peace shall contribute an amount equal to 5% of the pro rata salary received by the relief justice of the peace, up to December 31 of the year in which the relief justice of the peace reaches age 71; (d) commencing on November 5, 2023 and ending on March 31, 2025 and ending on March 31, 2025, the Government of Saskatchewan shall contribute with respect to each relief justice of the peace an amount equal to 7.6% of the pro rata salary received by the relief justice of the peace, up to December 31 of the year in which the relief justice of the peace reaches age 71. (2) Commencing on April 1, 2025, the contributions to be made to the pension plan mentioned in subsection 10.2(6) of the Act are the following: (a) a justice of the peace, other than a relief justice of the peace, shall contribute an amount equal to 5% of the salary received by the justice of the peace; (b) the Government of Saskatchewan shall contribute with respect to each justice of the peace, other than a relief justice of the peace, an amount equal to 9% of the salary received by the justice of the peace; (c) a relief justice of the peace shall contribute an amount equal to 5% of the pro rata salary received by the relief justice of the peace, up to December 31 of the year in which the relief justice of the peace reaches age 71; (d) the Government of Saskatchewan shall contribute with respect to each relief justice of the peace an amount equal to 9% of the pro rata salary received by the relief justice of the peace, up to December 31 of the year in which the relief justice of the peace reaches age 71. 21 Feb 2014 cJ-5.1 Reg 2 s8; 15 Feb 2019 SR 8/2019 s6; 18 Aug 2023 SR 71/2023 s5; 14 Feb 2025 SR 3/2025 s7. 7 JUSTICES OF THE PEACE (COMMISSION) J-5.1 REG 2 Short-term disability allowance 8.1(1) A disability allowance shall be paid to a justice of the peace who: (a) in the opinion of the council, is temporarily incapacitated; and (b) on the day that the justice of the peace becomes incapacitated, has served continuously as a justice of the peace for at least 3 months. (2) If the council determines pursuant to subsection (1) that a justice of the peace qualifies for a disability allowance, the payment of a disability allowance shall not commence until the justice of the peace has used all of his or her accumulated sick leave. (3) If the council is of the opinion that the incapacity of a justice of the peace is temporary, the justice of the peace is entitled to a disability allowance, determined in accordance with subsections (4) to (7), that provides a benefit that: (a) is equal to the salary the justice of the peace would have been entitled to receive if he or she were not incapacitated; and (b) is to be paid to the justice of the peace for the period specified by the council, which shall not exceed 3 months. (4) A disability allowance payable to a justice of the peace pursuant to subsection (3) is to be reduced by the amount of any of the following: (a) a disability benefit from the Canada Pension Plan; (b) a disability benefit from the Workers’ Compensation Board; (c) a disability benefit payable from any other government agency or board; (d) a disability benefit from any insurance plan; (e) any income received by a justice of the peace from any occupation entered into by the justice of the peace during the period of incapacity; (f) any regular payments awarded as compensation for the loss of earnings because of third party liability. (5) For the purposes of subsection (4), any lump sum payments awarded as compensation for loss of earnings because of third party liability are to be prorated actuarially to a regular monthly payment. (6) The following are not to be used for the purpose of reducing a disability allowance payable to a justice of the peace pursuant to subsection (3): (a) a disability benefit payable for a prior disability; (b) a disability benefit received from a private individual policy paid for by the justice of the peace. (7) If, in the opinion of the council, a justice of the peace may qualify for Canada Pension Plan or Workers’ Compensation Board benefits or may be entitled to enforce a claim for compensation against a third party for loss of earnings, and the justice of the peace refuses to apply for those benefits or pursue that claim with reasonable diligence, the disability allowance payable to the justice of the peace pursuant to subsection (3) may be reduced by an amount equal to an estimate of the amount of the Canada Pension Plan or Workers’ Compensation Board benefits or the amount of compensation that might have been awarded for a claim for loss of earnings. 8 J-5.1 REG 2 JUSTICES OF THE PEACE (COMMISSION) (8) If the council has made a determination that a justice of the peace qualifies for a temporary disability allowance, it may, at any time during the period mentioned in clause (3)(b), review its determination and: (a) extend the period during which the justice of the peace is to receive a temporary disability allowance to a date not later than 4 months from the day on which the justice of the peace began receiving the temporary disability allowance; (b) determine that the incapacity of the justice of the peace is permanent; or (c) determine, pursuant to subsection (9), that the payment of the disability allowance should be discontinued. (9) If, in the opinion of the council, after holding any inquiry that it considers advisable, a justice of the peace to whom a disability allowance is granted is no longer incapacitated, the payment of the disability allowance shall be discontinued on the conditions determined by the council. (10) For the purpose of calculating a pension, retirement benefit or annuity, the annual salary of a justice of the peace for any period during which the justice of the peace was receiving a disability allowance is deemed to be the salary the justice of the peace would have been entitled to receive if he or she were not incapacitated. (11) The payment of a disability allowance shall not continue past the day on which the justice of the peace begins to receive a pension or annuity. 14 Feb 2025 SR 3/2025 s8. Coming into force 9 These regulations come into force on the day determined in accordance with section 10.7 of the Act. 21 Feb 2014 cJ-5.1 Reg 2 s9. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2025