The Justices of the Peace Act UNEDITED being Chapter 112 of The Revised Statutes of Saskatchewan, 1965 (effective Fehruary 7, 1966). 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.
Table of Contents 1 Short title SHORT TITLE APPOINTMENT 2 Lieutenant Governor appoints 3 When new commission 4 No alien appointed 5 No practising barrister appointed GENERAL 6 Oaths of office and allegiance 7 Record of oath PROCEDURE 8 Certain provisions of Criminal Code to apply RETURNS 9 Returns and transmissions 10 Disposition of unclaimed moneys 11 Procedure to enforce returns 12 Penalty for neglect to make returns 13 Penalty for neglect to make returns 14 Delivery of certain property to successor SCHEDULE
CHAPTER 112 An Act respecting Justices of the Peace SHORT TITLE Short title 1 This Act may be cited as The Justices of the Peace Act. R.S.S. 1965, c.112, s.1. APPOINTMENT Lieutenant Governor appoints 2 The Lieutenant Governor may appoint one or more justices of the peace who shall have jurisdiction as such throughout the province. R.S.S. 1953, c.105, s.2; R.S.S. 1965, c.112, s.2. When new commission 3 When a new general commission of the peace is issued all former commissions and appointments shall thereupon become revoked and cancelled ; but nothing in this Act prevents the reappointment of any justice of the peace named in a former commission if the Lieutenant Governor thinks fit. R.S.S. 1953, c.105, s.3; R.S.S. 1965, c.112, s.3. No alien appointed 4 No person who is not a British subject shall be appointed a justice of the peace. R.S.S. 1953, c.105, s.4; R.S.S. 1965, c.112, s.4. No practising barrister appointed 5 Unless otherwise provided by law, no barrister or solicitor shall be appointed or act as a justice of the peace during the time he continues to practise as a barrister or solicitor. R.S.S. 1953, c.105, s.5; R.S.S. 1965, c.112, s.5. GENERAL Oaths of office and allegiance 6 Every justice of the peace, before his appointment is gazetted and before he acts as such, shall take and subscribe the oath of allegiance and the following oath before a person authorized to administer oaths in the province, that is to say: I of in the Province of do swear that I will well and truly serve our Sovereign Lady the Queen 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. Sworn before me at this day of, 19. R.S.S. 1953, c.105, s.6; R.S.S. 1965, c.112, s.6.
4 c. 112 JUSTICES OF THE PEACE Record of oath 7 Every oath of office and of allegiance taken by a justice of the peace shall, forthwith after it is taken, be transmitted by the justice to the Attorney General and shall be filed in his office. R.S.S. 1953, c.105, s.7; R.S.S. 1965, c.112, s.7. PROCEDURE Certain provisions of Criminal Code to apply 8 Unless otherwise specially provided, the provisions of the Criminal Code relating to summary convictions and to extraordinary remedies apply to proceedings before justices of the peace under or by virtue of any law in force in Saskatchewan or municipal bylaws and to appeals from convictions or orders made thereunder. R.S.S. 1953, c.105, s.8; R.S.S. 1965, c.112, s.8. RETURNS Returns and transmissions 9(1) Every justice of the peace who receives the amount of any fine, penalty, forfeiture or other sum of money that is payable to the Government of Saskatchewan shall forthwith after he has received the same transmit the amount to the Attorney General with a statement (form A). (2) Every justice of the peace shall not later than the fifteenth day of every month make a return in writing (form B), signed by him, to the Attorney General showing the disposition of every matter commenced, tried, heard or adjudicated upon by or before him during the next preceding month. (3) The return shall truly set forth the information indicated as required by the headings to the several columns in the form. (4) Where there were no proceedings before the justice of the peace the return shall so state. R.S.S. 1953, c.105, s.9; 1958, c.30, s.2; R.S.S. 1965, c.112, s.9. Disposition of unclaimed moneys 10 The Lieutenant Governor in Council may from time to time by order provide for the disposition of unclaimed moneys that are held by a justice of the peace and have been so held for a period exceeding six years or for such other period as the Lieutenant Governor in Council may determine, and for the disposition of which no provision is made in this or any other Act. R.S.S. 1953, c.105, s.10; R.S.S. 1965, c.112, s.10. Procedure to enforce returns 11(1) A justice of the peace who refuses or neglects to make a return or transmit an amount in the manner and at the time above provided, may be required by a written notice from the Attorney General to make the return or transmit the amount forthwith. The notice may be forwarded to the usual or last known post office address of the justice by post prepaid and registered, or be delivered to him in person.
JUSTICES OF THE PEACE c. 112 5 (2) If after the expiration of thirty days from the posting or delivery of the notice, the justice still refuses or neglects to make the return or transmit the amount as aforesaid, the Attorney General shall report such refusal, neglect or omission to the Provincial Secretary who shall cause the name of the justice to be published in two successive issues of The Saskatchewan Gazette, with a notice stating that, in default of the justice therein named making the return or transmission within thirty days from the first publication of such notice, his name will be erased from the commission of the peace. The names of several justices may be given in the same notice. (3) Upon the expiration of thirty days from the date of the first publication of the notice in the Gazette the Provincial Secretary shall erase from the commission of the peace the name of every justice named in the notice who is still in default, and upon such erasure being made every such justice shall be deprived of all power, authority and jurisdiction as justice of the peace and shall thereafter be ineligible for reappointment. R.S.S. 1953, c.105, s.11; R.S.S. 1965, c.112, s.11. Penalty for neglect to make returns 12 The penalties provided for by this Act in respect of the omission to make returns are in addition to all other fines, penalties or punishments provided therefor by any other Act or law in force in the province. R.S.S. 1953, c.105, s.12; R.S.S. 1965, c.112, s.12. Penalty for neglect to make returns 13 A justice who neglects or refuses to make a return required by this Act to be made or who wilfully makes a false, partial or incorrect return, shall forfeit and pay the sum of $100 together with costs of suit to be recovered by the Attorney General on behalf of Her Majesty in the Court of Queen s Bench as a debt, the same when recovered to form part of the consolidated fund. R.S.S. 1953, c.105, s.13; R.S.S. 1965, c.112, s.13. Delivery of certain property to successor 14(1) A justice of the peace who has possession, custody or control of any books, records, documents, accounts, vouchers, reports or other things belonging to or relating to his office and not being private property shall, as part of the duties of his office, give up possession thereof and deliver them to his successor in office or to a person appointed by the Lieutenant Governor in Council to demand possession thereof and receive them. (2) A person who fails to comply with subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $200. R.S.S. 1953, c.105, s.14; R.S.S. 1965, c.112, s.14.
6 c. 112 JUSTICES OF THE PEACE SCHEDULE FORM A (Section 9 (1)) STATEMENT, 19 Sir: Regina v. of. (address) I enclose herewith the sum of $ being the (here state fine, penalty or forfeiture) imposed by by on the above named defendant. (state name) 1 Information laid by of (address) 2 Occupation or office of informant 3 Place of offence (city, town, village or district) 4 Date of offence 5 Place of hearing 6 Offence contrary to the provisions of, of section of (subsection, if any) THE ATTORNEY GENERAL REGINA, SASK. Yours truly, J.P. N.B. Cheques, express orders, etc., should be made payable to The Attorney General.
JUSTICES OF THE PEACE c. 112 7 FORM B. (Section 9 (2)) RETURN BY JUSTICE OF THE PEACE I, the undersigned, one of Her Majesty s justices of the peace in and for Saskatchewan, do certify the following to be a true and correct return of all proceedings had in the month of, 19, in which I took part as such justice. Name of accused or repondent Name and occupation of informant Nature of charge or matter Act or bylaw proceeded on Place of hearing Date of hearing Adjudication, sentence, if any, amount of fine, if any, imposed Amount of costs imposed Date of payment to justice of penalty and costs To whom penalty paid by justice Dated at, 19. J.P. Date of payment by justice Remarks, giving subsequent action, if any, and if fine imposed has not been paid, giving reasons for non-payment
Regina, Saskatchewan Printed by the authority of THE QUEEN S PRINTER