Justices of the Peace Act, 1988, J-5.1

1 JUSTICES OF THE PEACE, 1988 c J-5.1 The Justices of the Peace Act, 1988 being Chapter J‑5.1 of the Statutes of Saskatchewan, 1988-89 (effective May 1, 1989) as amended by the Statutes of Saskatchewan, 1997, c 10; 2010, c 14; 2012, c C‑43.101; 2013, c P‑38.01 and c 12; 2016, c 21; 2018, c 43; 2019, c 6; 2022, c 15; and 2023, c 28. 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 c J-5.1 JUSTICES OF THE PEACE, 1988 Table of Contents SHORT TITLE AND INTERPRETATION REMOVAL FROM OFFICE 1 Short title 11 Repealed 2 Interpretation 12 Justices of the Peace Review Council APPOINTMENT COMPLAINTS 3 Appointment of certain justices of the peace 12.1 Constitution and powers of council 4 Appointment 12.11 Preliminary review 4.1 Appointment of relief justices of the peace 12.2 Interim suspension 4.2 List of names of relief justices of the peace 12.21 Appointment of investigation committee 5 Conflict of interest 12.3 Decision of investigation committee 6 Categories 12.4 Hearing 6.1 Driver improvement program 12.5 Council to hear and determine complaint 6.2 Record of convictions 12.6 Procedure generally 7 Repealed 12.7 Powers during hearing 8 Term of office 12.8 Powers of the council to assess penalties 9 Oath of office and allegiance 12.9 Immunity from liability 10 Record of oath GENERAL DETERMINATION OF SALARY AND BENEFITS 12.91 Entitlement to salary, etc. 10.1 Interpretation 13 Duty rosters 10.2 Salary and pension benefits 14 Certain provisions of Criminal Code to apply 10.3 Commission to inquire and make recommendations 15 Regulations 10.4 Commission reports 16 Delivery of certain property to successor 10.5 Procedures of commissions 16.1 Transitional – pension contributions deemed valid 10.51 Clarification of recommendation 17 RSS 1978, c J‑5 repealed 10.6 No standing to make submissions 10.7 Implementation of recommendations 10.8 Transitional 10.81 Transitional – relief justices of the peace and administrative justices of the peace 3 JUSTICES OF THE PEACE, 1988 c J-5.1 CHAPTER J-5.1 An Act respecting Justices of the Peace SHORT TITLE AND INTERPRETATION Short title 1 This Act may be cited as The Justices of the Peace Act, 1988. Interpretation 2 In this Act: “administrative justice of the peace” means an administrative justice of the peace appointed pursuant to section 3; (« juge de paix administratif ») “assistant supervising justice of the peace” means the assistant supervising justice of the peace appointed pursuant to section 3; (« juge de paix principal adjoint ») “chief judge” means the chief judge of the Provincial Court of Saskatchewan; («juge en chef») “council” means the Justices of the Peace Review Council established pursuant to subsection 12(1); («Conseil») “court official” means a person who is appointed to hold office as a court official in accordance with The Court Officials Act, 2012; (« fonctionnaire de justice ») “justice of the peace” means a person who is appointed as a justice of the peace, or who is continued in office pursuant to this Act, and who continues to hold office; («juge de paix») “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; («ministre») “misconduct”, respecting a justice of the peace, means misconduct, neglect of duty or inability to perform as a justice of the peace; («inconduite») “motor vehicle” means a motor vehicle as defined in The Traffic Safety Act; (« véhicule à moteur ») “relief justice of the peace” means a justice of the peace appointed pursuant to section 4.1; (« juge de paix de relève ») “senior justice of the peace” means a justice of the peace who is designated a senior justice of the peace in his or her order of appointment; (« juge de paix supérieur ») “supervising justice of the peace” means the supervising justice of the peace appointed pursuant to section 3. («juge de paix principal») 1988‑89, c J‑5.1, s 2; 1997, c 10, s 3; 2010, c 14, s 3; 2012, c C‑43.101, s 30; 2016, c 21, s 3; 2022, c 15, s 3. 4 c J-5.1 JUSTICES OF THE PEACE, 1988 APPOINTMENT Appointment of certain justices of the peace 3(1) The Lieutenant Governor in Council may appoint a justice of the peace as the supervising justice of the peace. (2) A supervising justice of the peace holds office for a term of five years or until: (a) the supervising justice of the peace resigns as supervising justice of the peace; (b) the supervising justice of the peace reaches the age of retirement mentioned in subsection 8(2); or (c) the supervising justice of the peace’s appointment is cancelled pursuant to subsection 6(2) or 12.8(4). (3) With the consent of the supervising justice of the peace, the Lieutenant Governor in Council may appoint a justice of the peace as the assistant supervising justice of the peace for a term recommended by the supervising justice of the peace that is not longer than the unexpired portion of the term of the supervising justice of the peace. (4) If the supervising justice of the peace ceases to hold office as supervising justice of the peace before the expiry of the assistant supervising justice of the peace’s term of appointment, the appointment of the assistant supervising justice of the peace terminates on the appointment of a new supervising justice of the peace. (5) An assistant supervising justice of the peace shall perform the functions delegated to the assistant supervising justice of the peace by the supervising justice of the peace. (6) In the case of the incapacity or absence of the supervising justice of the peace or if the office of the supervising justice of the peace is vacant, the assistant supervising justice of the peace or the justice of the peace designated by the minister pursuant to subsection (7): (a) shall act as supervising justice of the peace; (b) has all of the powers of the supervising justice of the peace; and (c) shall perform all of the duties of the supervising justice of the peace. (7) If there is no assistant supervising justice of the peace, the minister may designate a justice of the peace to act as supervising justice of the peace in accordance with subsection (6). (8) With the consent of the supervising justice of the peace, the Lieutenant Governor in Council may appoint a justice of the peace as an administrative justice of the peace for a term recommended by the supervising justice of the peace that is not longer than the unexpired portion of the term of the supervising justice of the peace. 5 JUSTICES OF THE PEACE, 1988 c J-5.1 (9) If the supervising justice of the peace ceases to hold office as supervising justice of the peace before the expiry of an administrative justice of the peace’s term of appointment, the appointment of the administrative justice of the peace terminates on the appointment of a new supervising justice of the peace. (10) An administrative justice of the peace shall perform the functions delegated to the administrative justice of the peace by the supervising justice of the peace. 2022, c 15, s 4. Appointment 4 Subject to sections 5 and 6, the Lieutenant Governor in Council may appoint a resident of Saskatchewan as a justice of the peace who shall have jurisdiction as a justice of the peace throughout Saskatchewan. 1988‑89, c J‑5.1, s 4. Appointment of relief justices of the peace 4.1(1) Subject to subsection 10.81(6), the supervising justice of the peace may appoint a person as a relief justice of the peace from the list compiled pursuant to section 4.2 if: (a) a justice of the peace is or expects to be absent from the justice of the peace’s duties pursuant to this Act; or (b) in the opinion of the supervising justice of the peace, additional justices of the peace are urgently required to meet the business of the court. (2) A person appointed as a relief justice of the peace pursuant to subsection (1) is deemed to be a justice of the peace and may exercise all of the powers of a justice of the peace appointed pursuant to this Act. 2022, c 15, s 5. List of names of relief justices of the peace 4.2(1) The minister may cause a list to be compiled of persons who are eligible to be appointed as relief justices of the peace. (2) A person is eligible to be appointed as a relief justice of the peace if: (a) the person: (i) was previously appointed pursuant to this Act as a senior justice of the peace or a justice of the peace who was not a court official; and (ii) has retired or resigned; (b) the person is less than 75 years of age; and (c) the person consents to be on the list mentioned in subsection (1). 6 c J-5.1 JUSTICES OF THE PEACE, 1988 (3) A person whose name is on the list mentioned in subsection (1) may request that the person’s name be removed from the list by sending a written notice to the minister, and the person’s name is deemed to be removed from that list on the later of: (a) the date on which the minister receives the written notice; and (b) the date, if any, specified in the written notice. (4) A person whose name is on the list mentioned in subsection (1) is deemed to be removed from the list on the day on which the person reaches 75 years of age. (5) The minister shall only remove a person’s name from the list mentioned in subsection (1) if: (a) the person asks to be removed from the list pursuant to subsection (3); (b) the person has reached 75 years of age; (c) on the recommendation of the council, the Lieutenant Governor in Council cancels the person’s appointment pursuant to section 12.8; or (d) the person dies. (6) The minister shall cause the list mentioned in subsection (1) and any changes to that list to be published in the Gazette. (7) This Act, other than sections 3, 4 and 8, applies, with any necessary modification, to persons whose names are included on the list mentioned in subsection (1). 2022, c 15, s 5. Conflict of interest 5 Unless otherwise provided by law, a justice of the peace shall not, during his or her term of office: (a) practise criminal law; (b) act as legal counsel for or against the Government of Saskatchewan or the Government of Canada; or (c) be in a position of a conflict with his or her duties as a justice of the peace. 2010, c 14, s 5. Categories 6(1) Subject to subsection (3), the following persons are not eligible to be appointed as a justice of the peace: (a) an employee of the Government of Saskatchewan or a Crown corporation; (b) an employee or member of: (i) a police service within the meaning of The Police Act, 1990; or (ii) the Royal Canadian Mounted Police; (c) a member of the Corps of Commissionaires; (d) a member of a board as defined in The Police Act, 1990; or (e) an elected member of a council of a municipality. 7 JUSTICES OF THE PEACE, 1988 c J-5.1 (2) If a person who is a justice of the peace attains a position described in subsection (1), the Lieutenant Governor in Council may cancel the appointment of the justice of the peace. (3) A court official may be appointed as a justice of the peace. (4) A justice of the peace, other than a justice of the peace who is a court official, shall perform those duties and exercise those powers that are prescribed for a justice of the peace in the regulations, in any other Act, in any regulations made pursuant to that other Act, in an Act of the Parliament of Canada, in any regulations made pursuant to an Act of the Parliament of Canada or at law. (5) A justice of the peace who is a court official shall only perform those duties and exercise those powers that are prescribed in the regulations for a justice of the peace who is a court official. 2010, c 14, s 5; 2012, c C‑43.101, s 30. Driver improvement program 6.1(1) In this section: “driver improvement program” means a course of study or instruction for the improvement of the knowledge, attitudes and skills of persons in the operation of motor vehicles that is approved by the Lieutenant Governor in Council; (« programme de perfectionnement des conducteurs ») “motor vehicle offence” means an offence relating to the operation of a motor vehicle against: (a) The Traffic Safety Act; (b) a bylaw of: (i) the Wascana Centre Authority; (ii) the Meewasin Valley Authority; (iii) the Wakamow Valley Authority; or (iv) a municipality. (« infraction au code de la route ») (2) If a person is convicted of a motor vehicle offence, a senior justice of the peace may, notwithstanding any other Act or law in force in Saskatchewan specifying a fine or penalty for the offence: (a) suspend the passing of sentence on the person; (b) impose on the person the specified fine or penalty with respect to the offence but suspend the operation of the sentence and direct the person to attend a driver improvement program; (c) impose on the person the specified fine or penalty with respect to the offence, direct the person to attend a driver improvement program and, if the senior justice of the peace considers it appropriate, reduce the fine or penalty so imposed or order that no fine or penalty be paid with respect to the offence; or 8 c J-5.1 JUSTICES OF THE PEACE, 1988 (d) impose no fine or penalty on the person for the offence but direct the person to attend a driver improvement program. (3) A senior justice of the peace may: (a) summon a person who does not attend a driver improvement program as directed by the senior justice of the peace pursuant to clause (2)(b), (c) or (d) to appear before the senior justice of the peace; and (b) in the absence of an explanation from the person mentioned in clause (a) for not attending the driver improvement program that, in the opinion of the senior justice of the peace, is reasonable, impose on the person the specified fine or penalty for the offence. 2016, c 21, s 5. Record of convictions 6.2(1) In this section, “administrator” means the person designated as administrator pursuant to The Traffic Safety Act. (2) Notwithstanding The Traffic Safety Act, the administrator shall, on receipt of a written request from a senior justice of the peace, supply to the Provincial Court of Saskatchewan a certified copy of the record of the convictions of the person named by the senior justice of the peace in his or her request, if any, contained in the records maintained by the administrator. (3) A copy of the record of convictions of a person supplied by the administrator to the Provincial Court of Saskatchewan pursuant to subsection (2) becomes part of the record of that court at the time that the record is used by the senior justice of the peace in considering the matter of a sentence of the person. 2016, c 21, s 5. 7 Repealed. 2010, c 14, s 5. Term of office 8(1) Unless earlier removed in accordance with this Act, a justice of the peace holds office until the earliest of: (a) the date he or she reaches the age of retirement prescribed in subsection (2); (b) the date he or she resigns in accordance with subsection (3); and (c) the date his or her appointment is cancelled pursuant to subsection 6(2) or 12.8(4). (2) Every justice of the peace shall retire at the end of the month in which he or she attains the age of 70 years. (3) A justice of the peace may resign his or her office by sending a written notice of his or her resignation to the minister, and his or her resignation is effective on the later of: (a) the date the written notice is received by the minister; and (b) the date specified in the written notice. 2010, c 14, s 6; 2019, c 6, s 4. 9 JUSTICES OF THE PEACE, 1988 c J-5.1 Oath of office and allegiance 9 Before acting as a justice of the peace, the justice of the peace shall take and subscribe before a person authorized to administer oaths in Saskatchewan the oath of office and of allegiance in the following form: “I __________, of_____________________, in the Province of Saskatchewan, do swear that I will well and truly serve our Sovereign Lord the King in the office of a justice of the peace, and that I will duly and faithfully and according to the best of my ability and knowledge execute the several duties and powers of a justice of the peace”. 1988‑89, c J‑5.1, s 9; 2023, c 28, s 17‑8. Record of oath 10 Immediately after taking the oath of office and of allegiance mentioned in section 9, the justice of the peace shall transmit it to the Inspector of Court Offices appointed pursuant to The Court Officials Act, 2012, who shall file it in his or her office. 2012, c C‑43.101, s 30. DETERMINATION OF SALARY AND BENEFITS Interpretation 10.1 In sections 10.2 to 10.81: “association” means the Saskatchewan Justice of the Peace Association; (« association ») “commission” means the chairperson of a commission established pursuant to section 36 of The Provincial Court Act, 1998; (« commission ») “justice of the peace” does not include a justice of the peace who is a court official; (« juge de paix ») 2013, c 12, s 3; 2016, c 21, s 6; 2022, c 15, s 6. Salary and pension benefits 10.2(1) Subject to subsections (4) to (5.1), the annual salary of a justice of the peace is the percentage of the annual salary of a judge of the Provincial Court of Saskatchewan that is prescribed in the regulations made by the commission. (2) The annual salary of a justice of the peace is to be adjusted on April 1 of each year. (3) The annual salary of a judge of the Provincial Court of Saskatchewan that is to be used to calculate and adjust the annual salary of a justice of the peace mentioned in subsection (1) is the annual salary of a judge of the Provincial Court as of April 1 of the year that precedes the year in which the calculation is being made. (4) A senior justice of the peace is to be paid a pro rata portion of the annual salary of a justice of the peace mentioned in subsection (1) for each day or half‑day in which the senior justice of the peace is engaged in his or her duties as a justice of the peace. 10 c J-5.1 JUSTICES OF THE PEACE, 1988 (5) The following persons are to be paid a pro rata portion of the annual salary of a justice of the peace mentioned in subsection (1) for each hour in which the person is engaged in duties as a justice of the peace: (a) a justice of the peace who is not a senior justice of the peace; (b) a relief justice of the peace. (5.1) In addition to the annual salary for a justice of the peace mentioned in subsection (1), the supervising justice of the peace , the assistant supervising justice of the peace and any administrative justice of the peace are to be paid annually an additional amount calculated in accordance with the regulations made by the commission. (6) Subject to subsection 10.8(4), the Public Employees Pension Plan established pursuant to The Public Employees Pension Plan Act applies to a justice of the peace. 2013, c 12, s 3; 2016, c 21, s 7; 2019, c 6, s 5; 2022, c 15, s 7. Commission to inquire and make recommendations 10.3(1) A commission shall inquire into and make recommendations with respect to: (a) the annual salary of a justice of the peace mentioned in subsection 10.2(1); (b) the method of calculating the pro rata portions of the annual salary mentioned in subsections 10.2(4) and (5); (c) the method of calculating the additional amounts mentioned in subsection 10.2(5.1) for: (i) the supervising justice of the peace; (ii) the assistant supervising justice of the peace; and (iii) an administrative justice of the peace; and (d) the contributions to be made to the pension plan mentioned in subsection 10.2(6). (2) A commission’s recommendation with respect to the percentage mentioned in subsection 10.2(1) cannot result in an annual salary amount for justices of the peace that is less than the annual salary being received by justices of the peace on the day on which the report containing the recommendation is submitted to the minister. (3) A commission may inquire into and make recommendations with respect to benefits to be provided to justices of the peace pursuant to regulations made pursuant to clause 15(d). 2022, c 15, s 8. 11 JUSTICES OF THE PEACE, 1988 c J-5.1 Commission reports 10.4(1) Within six months after the day on which this section comes into force, the commission shall prepare and submit to the minister and the association a report containing: (a) its recommendations with respect to the matters mentioned in clause 10.3(1)(a) for the period commencing on April 1, 2013; and (b) proposed regulations to implement those recommendations. (2) On or before December 31, 2018, a commission shall prepare and submit a report to the minister and the association containing: (a) its recommendations with respect to the matters mentioned in clause 10.3(1)(a) for the period commencing on April 1, 2019; and (b) proposed regulations to implement those recommendations. (2.1) On or before December 31, 2024, a commission shall prepare and submit a report to the minister and the association containing: (a) its recommendations with respect to the matters mentioned in subsection 10.3(1) for the period commencing on April 1, 2025; and (b) proposed regulations to implement those recommendations. (3) On or before December 31 of every fourth year after 2024, a commission shall prepare and submit a report to the minister and the association containing: (a) its recommendations with respect to the matters mentioned in subsection 10.3(1) for the period commencing on April 1 of the year following the year in which the report is submitted; and (b) proposed regulations to implement those recommendations. (4) A report prepared and submitted pursuant to this section may be accompanied by a report containing any recommendations of the commission with respect to the matters mentioned in subsection 10.3(3). (5) Notwithstanding subsections 36(5) and (7) of The Provincial Court Act, 1998, if, six months before the date on which a commission is required to submit a report pursuant to subsection (1), (2) or (3), there is a vacancy on the commission or the commission is unable to perform its duties, the minister shall appoint a replacement commission after obtaining the consent of the association. 2013, c 12, s 3; 2022, c 15, s 9. Procedures of commissions 10.5 Before submitting a report pursuant to section 10.4, a commission: (a) shall consider any written submissions from the association and the minister; 12 c J-5.1 JUSTICES OF THE PEACE, 1988 (b) may submit written questions to the association and the minister after the commission has reviewed the written submissions; and (c) may, if the commission considers it necessary to complete its report pursuant to section 10.4, convene a hearing at which the association and the minister may make oral submissions respecting the matters mentioned in subsections 10.3(1) and (3). 2013, c 12, s 3; 2022, c 15, s 10. Clarification of recommendation 10.51(1) In this section, “party” means the minister or the association. (2) At any time within 12 months after a report has been submitted pursuant to section 10.4, either party may request clarification from the commission with respect to any recommendation in the report. (3) On submission of a request for clarification, the party requesting clarification shall provide the other party with a copy of the request. (4) Within 14 days after receiving a copy of the request, that party may submit written comments to the commission with respect to the request, and shall give a copy of its comments to the other party. (5) Within 60 days after the expiry of the 14‑day period mentioned in subsection (4), the commission shall provide the requested clarification to both parties, in writing. 2016, c 21, s 9. No standing to make submissions 10.6 Notwithstanding section 37 of The Provincial Court Act, 1998, the minister, the association and any justice of the peace shall not be granted standing to make submissions to a Provincial Court Commission established pursuant to Part IV of The Provincial Court Act, 1998 with respect to the matters mentioned in subsections 10.3(1) and (3) for justices of the peace. 2013, c 12, s 3; 2022, c 15, s 11. Implementation of recommendations 10.7(1) Sections 42, 43, 44, 46, 47, 49 and 50 and subsections 45(2) and 48(2) of The Provincial Court Act, 1998 apply, with any necessary modification, to recommendations made by a commission. (2) If the minister gives notice to the association in accordance with clause 43(b) of The Provincial Court Act, 1998, the minister shall: (a) lay before the Legislative Assembly the report of the commission; and (b) move a resolution that the Legislative Assembly: (i) reject one or more of the recommendations in the report; and (ii) fix an amount or amounts with respect to any of the matters mentioned in subsection 10.3(1) in a manner that meets constitutional tests of independence that are to be substituted for the amounts recommended in the report. 13 JUSTICES OF THE PEACE, 1988 c J-5.1 (3) A reference to clause 45(1)(b) of The Provincial Court Act, 1998 in the provisions mentioned in subsection (1) is to be interpreted as a reference to subsection (2). (4) For the purpose of applying subsection 48(2) of The Provincial Court Act, 1998, “benefit period” means the period commencing on the date mentioned in clause 10.4(1)(a), 10.4(2)(a), 10.4(2.1)(a) or 10.4(3) (a), whichever is the case. 2013, c 12, s 3; 2022, c 15, s 12. Transitional 10.8(1) In this section, “transition period” means the period commencing on April 1, 2013, and ending on the day on which the first regulation enacted pursuant to section 10.7 comes into force. (2) During the transition period, a justice of the peace shall continue to be paid the fees and allowances set out in The Justices of the Peace Regulations, 1989 in force on March 31, 2013. (3) On the expiration of the transition period, each justice of the peace shall be paid an amount that is equal to the difference between: (a) the annual salary he or she would have earned during the transition period if the first regulation enacted pursuant to section 10.7 had come into force at the beginning of the transition period; and (b) the fees and allowances paid to that justice of the peace pursuant to subsection (2). (4) A senior justice of the peace who is a senior justice of the peace on the day on which the first regulation enacted pursuant to section 10.7 comes into force becomes a member of the Public Employees Pension Plan on the day on which that regulation comes into force. 2013, c 12, s 3. Transitional – relief justices of the peace and administrative justices of the peace 10.81(1) In this section, “transition period” means the period: (a) commencing on the day that is six months after the day on which this section comes into force; and (b) ending on the day on which the first regulation enacted pursuant to section 10.7 after the date determined pursuant to clause (a) comes into force. (2) The commission shall inquire into and make recommendations with respect to: (a) the method of calculating the pro rata portions of the annual salary for relief justices of the peace mentioned in clause 10.2(5)(b); (b) the method of calculating the additional amount mentioned in subsection 10.2(5.1) for administrative justices of the peace; and (c) the contributions to be made to the pension plan mentioned in subsection 10.2(6) for relief justices of the peace. 14 c J-5.1 JUSTICES OF THE PEACE, 1988 (3) Within three months after the day on which this section comes into force, the commission shall prepare and submit to the minister and the association a report containing: (a) its recommendations with respect to the matters mentioned in subsection (2) for the transition period; and (b) proposed regulations to implement those recommendations for the transition period. (4) A report prepared and submitted pursuant to subsection (3) may be accompanied by a report containing any recommendations of the commission with respect to the matters mentioned in subsection 10.3(3) for relief justices of the peace. (5) Subsection 10.4(5) and sections 10.5 to 10.7 apply, with any necessary modification, to a commission report prepared and submitted pursuant to subsection (3). (6) The supervising justice of the peace shall not appoint any relief justices of the peace until at least six months after the day on which this section comes into force. 2022, c 15, s 13. REMOVAL FROM OFFICE 11 Repealed. 2019, c 6, s 6. Justices of the Peace Review Council 12(1) The Justices of the Peace Review Council is established. (2) Subject to section 12.1, the council is to consist of: (a) the chief judge, who shall be chairperson; (b) a judge of the Provincial Court of Saskatchewan appointed by the chief judge; and (c) a person appointed by the Lieutenant Governor in Council. (3) The functions of the council are: (a) to review the performance of duties by justices of the peace generally; (b) to determine whether formal complaints of misconduct against justices of the peace are well founded and, if so, to assess appropriate penalties; (c) to consider and make recommendations to the minister respecting matters of general concern to justices of the peace; and (d) to review and report on any matter referred to it by the minister. 15 JUSTICES OF THE PEACE, 1988 c J-5.1 (3.1) A majority of the members of the council constitutes a quorum and is sufficient for the exercise of the jurisdiction and powers of the council. (3.2) Where the council is deciding any matter, all members of the council, including the chairperson, are entitled to vote and, in the case of an equality of votes, the chairperson has the casting vote. (4) The council may make bylaws respecting its procedures and the procedures of a committee appointed pursuant to section 12.21. (5) to (11) Repealed. 1997, c 10, s 7. 1988‑89, c J‑5.1, s 12; 1997, c 10, s 7. COMPLAINTS Constitution and powers of council 12.1 For the purposes of sections 12.11 to 12.9: (a) the chief judge shall: (i) appoint an additional judge of the Provincial Court of Saskatchewan to sit as a member of the council, in substitution for the chief judge; and (ii) designate one of the appointed judges as chairperson of the council; and (b) the council, as modified by clause (a), has all the powers of the council for the purposes of carrying out its duties. 1997, c 10, s 8. Preliminary review 12.11(1) The chief judge shall review the conduct of a justice of the peace where the chief judge: (a) receives a complaint respecting the justice of the peace alleging misconduct; or (b) otherwise becomes aware of misconduct by a justice of the peace. (2) On completion of the review, the chief judge shall: (a) if the chief judge is of the opinion that the matter does not constitute misconduct, take no further action; or (b) in any other case, appoint an investigation committee pursuant to subsection 12.21(1) to investigate the matter or any aspect of the matter. (3) The chief judge shall notify the complainant, if any, and the justice of the peace whose conduct is the subject of the review of the decision made on the review. 1997, c 10, s 8. 16 c J-5.1 JUSTICES OF THE PEACE, 1988 Interim suspension 12.2(1) Where the chief judge determines that an investigation committee should be appointed pursuant to subsection 12.21(1), the chief judge may suspend the justice of the peace whose conduct is the subject of the investigation from the performance of his or her duties until the earliest of the following occurs: (a) the investigation is completed and the chief judge determines that no hearing will be held pursuant to section 12.4; (b) a hearing is held and: (i) the council determines that a formal complaint is not well founded; or (ii) an order is made pursuant to subsection 12.8(1); (c) the chief judge directs that the suspension be terminated. (2) A justice of the peace who is suspended pursuant to subsection (1) is entitled to receive his or her salary, subject to any conditions that the chief judge may impose. 1997, c 10, s 8; 2016, c 21, s 10. Appointment of investigation committee 12.21(1) The chief judge may: (a) appoint an investigation committee consisting of any number of persons that the chief judge considers advisable; and (b) designate one of those persons to be chairperson of the committee. (2) An investigation committee: (a) shall investigate the matter referred to it pursuant to clause 12.11(2) (b); and (b) may investigate any other matter that comes to the attention of the committee during the course of an investigation that appears to constitute misconduct. 1997, c 10, s 8. Decision of investigation committee 12.3(1) On the completion of its investigation, an investigation committee shall make a written report to the chief judge recommending that: (a) the council hear and determine the formal complaint set out in the committee’s written report; or (b) no further action be taken with respect to the matter under investigation. (2) The chief judge shall provide a copy of a written report made pursuant to clause (1)(b) to the complainant, if any, and to the justice of the peace whose conduct is the subject of the investigation. 1997, c 10, s 8. 17 JUSTICES OF THE PEACE, 1988 c J-5.1 Hearing 12.4(1) Where the report of an investigation committee: (a) makes a recommendation pursuant to clause 12.3(1)(a), the council shall hear and determine the formal complaint; (b) makes a recommendation pursuant to clause 12.3(1)(b), the chief judge may direct the council to hear and determine a formal complaint that the chief judge sets out. (2) Where an investigation committee recommends that the council hear and determine a formal complaint, or where the chief judge determines that the council shall hear and determine a formal complaint, the chief judge shall, at least 14 days before the date the council is to sit: (a) cause a copy of the formal complaint to be sent to the justice of the peace whose conduct is the subject of the hearing; and (b) cause notice to be served on the justice of the peace whose conduct is the subject of the hearing of the date, time and place of the hearing. (3) The complainant, if any, is to be advised orally or in writing of the date, time and place for the hearing before the council and, subject to subsection (8), is entitled to attend the hearing. (4) Where a hearing is held pursuant to this section, the justice of the peace whose conduct is the subject of the hearing is entitled to: (a) be represented by counsel at his or her own expense; (b) examine, cross‑examine and re‑examine all witnesses called; and (c) present evidence in defence and reply. (5) For the purposes of a hearing pursuant to this section, the council has all the powers conferred on a commission by sections 11, 15 and 25 of The Public Inquiries Act, 2013. (6) On application to the council by a justice of the peace whose conduct is the subject of a hearing, any member of the council may issue a writ of subpoena ad testificandum or subpoena duces tecum. (7) Subject to subsection (8), a hearing pursuant to this section is to be held in public. (8) The council may exclude the complainant or the public from any part of the hearing when the council is of the opinion that the possible disclosure of intimate financial or personal matters outweighs the desirability of allowing the complainant or the public to be present during part of the hearing. 1997, c 10, s 8; 2013, c P‑38.01, s 35. 18 c J-5.1 JUSTICES OF THE PEACE, 1988 Council to hear and determine complaint 12.5(1) The council shall hear the formal complaint and shall determine whether or not the conduct of the justice of the peace constitutes misconduct notwithstanding that the determination of a question of fact may be involved, and the council need not refer any question to a court for adjudication. (2) The council may accept any evidence that it considers appropriate and is not bound by rules of law concerning evidence. 1997, c 10, s 8. Procedure generally 12.6(1) The chief judge shall direct, or instruct the investigation committee to direct, the prosecution of the formal complaint before the council. (2) In any proceeding before the council, the testimony of witnesses is to be under oath or affirmation. (3) Where the justice of the peace whose conduct is the subject of a hearing fails to attend the hearing, the council, on proof that the justice of the peace was served with notice of the hearing, may proceed with the hearing in the absence of the justice of the peace. (4) A justice of the peace who appears in person or by counsel before the council is deemed to have received proper notice unless the appearance is for the purpose of challenging the notice. (5) A justice of the peace whose conduct is the subject of a hearing is competent and compellable to give evidence at the hearing. 1997, c 10, s 8. Powers during hearing 12.7(1) If, during the course of a hearing, the evidence shows that the conduct of the justice of the peace whose conduct is the subject of the hearing may warrant a charge different from or in addition to a charge specified in the formal complaint, the council shall notify the justice of the peace of that fact. (2) If the council proposes to amend, add to or substitute the charge in the formal complaint, the council shall adjourn the hearing for any period that the council considers sufficient to give the justice of the peace an opportunity to prepare a defence to the amended formal complaint, unless the justice of the peace consents to continue the hearing. 1997, c 10, s 8. Powers of the council to assess penalties 12.8(1) Where the council determines that the conduct of a justice of the peace constitutes misconduct, the council may make any order that the council considers appropriate, including: (a) recommending to the Lieutenant Governor in Council that the appointment of the justice of the peace be cancelled; 19 JUSTICES OF THE PEACE, 1988 c J-5.1 (b) suspending the justice of the peace for a specified period or until specified requirements are met, including a requirement that the justice of the peace obtain medical treatment or counselling; (c) specifying conditions under which the justice of the peace may continue in office, including conditions that the justice of the peace: (i) not do specified types of work; (ii) obtain medical treatment or counselling; (d) reinstating the justice of the peace following a suspension by the chief judge pursuant to section 12.2; (e) recommending to the Lieutenant Governor in Council, in the case of a justice of the peace who has been assigned to a category of justice of the peace established in the regulations, that the category to which the justice of the peace is assigned be changed; (f) reprimanding the justice of the peace. (2) The chairperson of the council: (a) shall send notice of an order made pursuant to subsection (1) to the justice of the peace whose conduct was the subject of the hearing and to the complainant, if any; and (b) may send notice of the order to any other person that the chairperson considers advisable. (3) If the council recommends that the appointment of a justice of the peace be cancelled, or that the category to which the justice of the peace is assigned be changed, the chairperson of the council shall forward a copy of the recommendation to the Lieutenant Governor in Council. (4) Subject to subsection (5), the Lieutenant Governor in Council may cancel the appointment of a justice of the peace or change the category to which the justice of the peace is assigned. (5) The Lieutenant Governor in Council may do any of the things mentioned in subsection (4) only on the recommendation of the council pursuant to subsection (3) and only in accordance with that recommendation. 1997, c 10, s 8; 2010, c 14, s 9. Immunity from liability 12.9 No action lies or shall be instituted against the chief judge, the council, an investigation committee or any member or officer of the council or a committee for damages caused by any act done or omitted to be done in good faith in the performance of any duty or respecting any matter in which it or he or she lacked or exceeded jurisdiction, unless it is proved that the act or omission was done in bad faith or without reasonable cause. 1997, c 10, s 8. 20 c J-5.1 JUSTICES OF THE PEACE, 1988 GENERAL Entitlement to salary, etc. 12.91(1) Subject to subsection (2), a justice of the peace is entitled: (a) to receive a salary in an amount determined in accordance with this Act and the regulations; (b) to receive other remuneration, allowances and benefits in accordance with this Act and the regulations; and (c) to vacation leave in accordance with this Act and the regulations. (2) The salary, remuneration, allowances and benefits to which justices of the peace are entitled pursuant to this Act and the regulations are a charge on and shall be paid out of the general revenue fund. (3) Notwithstanding anything in this Act, in exceptional circumstances the Legislative Assembly may reduce salaries of justices of the peace in a manner that meets constitutional tests of judicial independence. 2019, c 6, s 7. Duty rosters 13(1) The chief judge shall have general direction and supervision over the duties and sittings of justices of the peace. (2) Subject to subsections (3) to (5) and (7), no justice of the peace shall perform any duty except in accordance with a duty roster established by the chief judge. (3) Subject to any regulations prescribing the duties of a justice of the peace, the chief judge may designate: (a) a justice of the peace, other than a justice of the peace who is a court official, to hear and determine matters involving alleged contraventions of municipal bylaws; or (b) a justice of the peace to sit in the place of and exercise the powers of a judge of the Provincial Court. (4) If the chief judge designates a justice of the peace pursuant to subsection (3), the chief judge shall specify the place at which and period during which the justice of the peace may do the things mentioned in that subsection. (5) A justice of the peace who is designated pursuant to subsection (3) is entitled to be paid a fee that is prescribed in the regulations for services provided by him or her in carrying out his or her duties mentioned in that subsection. (6) The duty roster established pursuant to subsection (2) must be available to the public during normal business hours of the Provincial Court of Saskatchewan. (7) The fact that a justice of the peace performs a duty otherwise than in accordance with the duty roster established pursuant to subsection (2) does not invalidate any act done or matter decided as a consequence of the performance of that duty. 21 JUSTICES OF THE PEACE, 1988 c J-5.1 (8) The chief judge may delegate the exercise of any of his or her powers prescribed in this section to the supervising justice of the peace or the assistant supervising justice of the peace, and the exercise of those powers by the supervising justice of the peace or the assistant supervising justice of the peace is deemed to be an exercise by the chief judge. 2010, c 14, s 10; 2016, c 21, s 11. Certain provisions of Criminal Code to apply 14 Unless otherwise specifically provided, the provisions of the Criminal Code relating to the following apply to proceedings before justices of the peace pursuant to any law in force in Saskatchewan or municipal bylaws and to appeals from convictions or orders made pursuant to them: (a) summary convictions; (b) extraordinary remedies. 2018, c 43, s 12. Regulations 15 The Lieutenant Governor in Council may make regulations: (a) requiring a justice of the peace to prepare and file reports respecting: (i) the disposition of all matters commenced, tried, heard or adjudicated on, by or before him or her; (ii) the receipt of money by him or her; (iii) any other matters related to the duties of his or her office that may be prescribed by the Lieutenant Governor in Council; (b) prescribing the form and manner in which reports required pursuant to clause (a) shall be prepared and filed; (c) providing for the disposition of unclaimed money that may be held by a justice of the peace and for which no provision is made in this or any other Act; (d) providing for the benefits to which justices of the peace are entitled, including: (i) leave of absence; (ii) annual leave and statutory holidays; (iii) sick leave; (iv) leave for reasons of pressing necessity; (v) special leave; (vi) travelling, sustenance and moving expenses; (vii) life insurance; and (viii) disability, dental and health benefits; (e) prescribing the manner in which accounts shall be prepared and certified by justices of the peace; 22 c J-5.1 JUSTICES OF THE PEACE, 1988 (f) providing that regulations made pursuant to this section shall apply to the whole or any designated portion of Saskatchewan; (g) establishing categories of justices of the peace; (h) prescribing the duties that may be performed by justices of the peace or a category of justices of the peace. 1988‑89, c J‑5.1, s 15; 1997, c 10, s 9; 2010, c 14, s 11; 2013, c 12, s 4; 2019, c 6, s 8. Delivery of certain property to successor 16(1) A justice of the peace who has possession, custody or control of any records, or other things belonging to or relating to his or her office that are not his or her private property shall give up possession of those things and deliver them to: (a) his or her successor in office on the day that he or she ceases to hold office; or (b) a person appointed by the council to demand possession and receive them, immediately when requested to do so by that person. (2) A person who fails to comply with subsection (1) is guilty of an offence and liable on summary conviction to a fine of not more than $200. 1988‑89, c J‑5.1, s 16; 2010, c 14, s 12. Transitional – pension contributions deemed valid 16.1 Any contributions that were, with respect to a justice of the peace who is not a court official, made to the Public Employees Pension Plan pursuant to The Justices of the Peace Regulations, 1989 before the coming into force of The Justices of the Peace Amendment Act, 2019 are deemed to have been validly made. 2019, c 6, s 9. RSS 1978, c J-5 repealed 17 The Justices of the Peace Act is repealed. 1988‑89, c J‑5.1, s 17. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2023