The Provincial Magistrates Act UNEDITED being Chapter P-32 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). 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 SHORT TITLE. 1 Short title APPOINTMENT AND REMUNERATION. 2 Appointment 3 Assigning of provincial magistrate to city or town, residence of provincial magistrate, etc. 4 Accommodation and staff in city or town 5 Special authorization in terms of appointment 6 Requirements for appointment 7 District Court judges ex officio provincial magistrates JURISDICTION. 8 Jurisdiction of magistrates CONDITIONS AND TENURE OF OFFICE. 9 Oath of office 10 Record of oath 11 Resignation, mode of 12 Provincial magistrate not to engage in other duties 13 Tenure of office PROCEDURE. 14 Application of certain provisions of Criminal Code REGULATIONS, REPORTS, RECORDS, ETC. 15 Regulations 16 Records open to public inspection 17 Fees belong to Crown GENERAL PROVISIONS. 18 Disposal of pending business on resignation, etc., of provincial magistrate 19 Duty of provincial magistrate to deliver certain property to successor 20 Who may act during absence of provincial magistrate 21 Provincial magistrate not disqualified where complainant related to him
CHAPTER P-32. An Act respecting the Appointment of Provincial Magistrates. SHORT TITLE. Short title 1 This Act may be cited as The Provincial Magistrates Act. R.S.S. 1978, c.p-32, s.1. APPOINTMENT AND REMUNERATION. Appointment 2 The Lieutenant Governor in Council may appoint one or more provincial magistrates who shall have jurisdiction as such throughout Saskatchewan and who shall be paid such salaries as may be fixed by the Lieutenant Governor in Council. R.S.S. 1965, c.111, s.2; R.S.S. 1978, c.p-32, s.2. Assigning of provincial magistrate to city or town, residence of provincial magistrate, etc. 3(1) The Attorney General may assign one or more provincial magistrates to a city or town and require a provincial magistrate to establish his residence in the city or town to which he is assigned and keep an office there. (2) The Attorney General may at any time require any provincial magistrate to change his place of residence and may at any time require a provincial magistrate to exercise his jurisdiction in any area designated by the Attorney General. R.S.S. 1965, c.111, s.3; R.S.S. 1978, c.p-32, s.3. Accommodation and staff in city or town 4(1) Where a provincial magistrate is assigned to a city or town, the council of the city or town, at the request of the Attorney General, shall, at the expense of the city or town, provide: (a) a suitably furnished and equipped office and courtroom at a convenient location for use by the provincial magistrate in the transaction of his business; (b) a qualified clerk and a court reporter, who shall be employees of the city or town, to perform the duties of clerk to the provincial magistrate and court reporter respectively. (2) Every court reporter provided under subsection (1) shall, at the time of his appointment and before entering upon the duties of his office, take the following oath before a provincial magistrate, and the oath shall forthwith be transmitted by the provincial magistrate to the Attorney General and the Attorney General shall file the oath in his office: I, of in the Province of do solemnly and sincerely promise and swear that Iwill truly and faithfully take and report the evidence and proceedings at the trial in each case in which it may be my duty to act as court reporter. Sworn before me at this day of 19. R.S.S. 1965, c.111, s.4; R.S.S. 1978, c.p-32, s.4.
4 c. P-32 PROVINCIAL MAGISTRATES Special authorization in terms of appointment 5 The Lieutenant Governor in Council may by the terms of appointment of a provincial magistrate authorize him to exercise the jurisdiction conferred upon a magistrate by Part XVI of the Criminal Code. R.S.S. 1965, c.111, s.5; R.S.S. 1978, c.p-32, s.5. Requirements for appointment 6 No person shall be appointed a provincial magistrate unless: (a) he has been admitted to the bar of one of the provinces of Canada; or (b) he has served for a period of at least five years as a member of the Force within the meaning of the Royal Canadian Mounted Police Act (Canada) or as a member of any city police force. R.S.S. 1965, c.111, s.6; R.S.S. 1978, c.p-32, s.6 District Court judges ex officio provincial magistrates 7 Every District Court judge, whether appointed before or after the coming into force of this section, is ex officio a provincial magistrate for the province and shall be deemed to have been appointed as such, and it shall be deemed that his appointment included terms specially authorizing him to exercise the jurisdiction conferred upon a magistrate by Part XVI of the Criminal Code and by this Act. R.S.S. 1965, c.111, s.8; R.S.S. 1978, c.p-32, s.7. JURISDICTION. Jurisdiction of magistrates 8(1) A provincial magistrate appointed under this Act has: (a) all the power and authority now or hereafter vested in or conferred upon two justices of the peace sitting and acting together under any law in force in Saskatchewan; (b) the power to perform all the acts and duties that a provincial magistrate or one or more justices of the peace may per form under any Act of the Parliament of Canada from time to time in force in Saskatchewan and applicable thereto, including the exercise of jurisdiction conferred upon a magistrate by Part XVI of the Criminal Code; and shall exercise the said powers and perform the said duties. (2) A provincial magistrate appointed under this Act is by virtue of his office a justice of the peace for Saskatchewan. R.S.S. 1965, c.111, s.9; R.S.S. 1978, c.p-32, s.8.
PROVINCIAL MAGISTRATES c. P-32 5 CONDITIONS AND TENURE OF OFFICE. Oath of office 9 A provincial magistrate appointed under this Act shall before he acts as such take and subscribe the oath of allegiance and the following oath before some person authorized to administer oaths in the province, namely: I, of in the Province of do swear that I will well and truly service our Soveriegn Lady the Queen in the office of a provincial magistrate, and that Iwill duly and faithfully and according to the best of my ability and knowledge execute the several duties and powers of a provincial magistrate. Sworn before me at this day of 19. R.S.S. 1965, c.111, s.10; R.S.S. 1978, c.p-32, s.9. Record of oath 10 A provincial magistrate shall forthwith transmit his oaths of office and allegiance to the Attorney General who shall file them in his office. R.S.S. 1965, c.111, s.11; R.S.S. 1978, c.p-32, s.10. Resignation, mode of 11 A provincial magistrate may at any time resign his office by writing signed by him and delivered to the Attorney General. R.S.S. 1965, c.111, s.12; R.S.S. 1978, c.p-32, s.11. Provincial magistrate not to engage in other duties 12(1) Subject to subsection (2), no provincial magistrate shall act as an agent, barrister or solicitor in any cause, matter, prosecution or proceeding, nor shall he alone or in partnership with any other person practise any profession or engage in any business, trade or occupation but he shall devote his full time to the performance of his duties as a provincial magistrate. (2) Subsection (1) does not apply to a provincial magistrate: (a) who is a ppointed for a limited period; (b) who is by the terms of his appointment required to devote only a portion of his time to his duties as a provincial magistrate; or (c) who is appointed to perform the duties of a provincial magistrate who is absent on account of illness or other cause; but no such magistrate shall appear before any other provincial magistrate or justice or justices of the peace as an agent, barrister or solicitor in any cause, matter, prosecution or proceeding and no partner or clerk of such magistrate shall appear before him as an agent, barrister or solicitor in any ca use, matter, prosecution or proceeding. R.S.S. 1965, c.111, s.13; R.S.S. 1978, c.p-32, s.12. Tenure of office 13(1) A provincial magistrate shall hold office during the pleasure of the Lieutenant Governor in Council.
6 c. P-32 PROVINCIAL MAGISTRATES (2) Where a provincial magistrate is removed from office and the removal is effective before he reaches the age of sixty-five years, he may within one month after receiving notice of the removal appeal to the Lieutenant Governor in Council against the removal by leaving a written notice of appeal with the Clerk of the Executive Council. (3) Subsection (2) does not apply to a provincial magistrate: (a) who is appointed for a limited period; (b) who is by the terms of his appointment required to devote only a portion of his time to his duties as a provincial magistrate; (c) who is appointed to perform the duties of a provincial magistrate who is absent on account of illness or other cause; (d) who, being required to devote his full time to his duties as a provincial magistrate, fails to do so; or (e) who has served for a period of less than one year from the date of his appointment. (4) Where a provincial magistrate appeals pursuant to subsection (2) the Lieutenant Governor in Council shall appoint one or more judges of the Court of Queen s Bench to inquire into the circumstances leading to the dismissal and to report thereon and a judge or the judges so appointed shall have all the powers conferred upon commissioners by sections 3 and 4 of The Public Inquiries Act. (5) The judge or judges so appointed shall give the Attorney General and the provincial magistrate reasonable notice of the time and place appointed for holding the inquiry and give them full opportunity by themselves or their counsel to present evidence, cross-examine witnesses and make submissions. (6) Upon completing the inquiry the judge or judges shall make a written report on their findings to the Lieutenant Governor in Council who may take such action on the report as he deems advisable. (7) The report together with the order removing the provincial magistrate and all reports, correspondence and papers relating thereto shall forthwith be laid before the Legislative Assembly if then in session or, if it is not in session, within fifteen days after the opening of the next session. R.S.S. 1965, c.111, s.14; R.S.S. 1978, c.p-32, s.13. PROCEDURE. Application of certain provisions of Criminal Code 14(1) Unless otherwise specially provided, Parts XIX, XXIII and XXIV and sections 20, 21, 22, 440, 460 (insofar as it relates to a witness) 645, 649 and 650 of the Criminal Code, as those provisions existed on the sixteenth day of July, 1971, apply mutatis mutandis to summary conviction proceedings before provincial magistrates under or by virtue of any law in force in Saskatchewan or under municipal bylaws and to appeals from convictions or orders made thereunder. (2) An appeal shall lie to the Court of Appeal from a conviction for contempt and against the punishment imposed. 1972, c.93, s. 1; 1972, c.122, s.20; R.S.S. 1978, c.p-32, s.14.
PROVINCIAL MAGISTRATES c. P-32 7 REGULATIONS, REPORTS, RECORDS, ETC. Regulations 15 The Lieutenant Governor in Council may make regulations: (a) requiring a provincial magistrate to prepare and file reports: (i) respecting the disposition of all matters commenced, tried, heard or adjudicated upon, by or before him; (ii) respecting the receipt of moneys; (iii) of such other nature pertaining to the duties of his office as may be prescribed by the Lieutenant Governor in Council; (b) prescribing the form and manner in which reports required by clause (a) shall be prepared and filed; (c) entitling every provincial magistrate to have paid to him all fees authorized to be taken by justices of the peace under any law or laws, or municipal bylaw or bylaws, in force in the province; (d) providing for the disposition of unclaimed moneys that may be held by a provincial magistrate and for which no provision is made in this or any other Act; (e) providing that regulations made pursuant to this section shall apply to the whole or any designated portion of the province. 1976, c.49, s.3; R.S.S. 1978, c.p-32, s.15. Records open to public inspection 16 A report respecting the disposition of all matters commenced, tried, heard or adjudicated upon, by or before a provincial magistrate shall be retained in the office of the provincial magistrate and may be inspected without charge by any person at any reasonable time. 1976, c.49, s.3.; R.S.S. 1978, c.p-32, s.16 Fees belong to Crown 17 Fees payable to a provincial magistrate pursuant to clause (c) of section 15 shall, if no other provision is made with respect thereto, belong to the Crown for the public uses of the province. 1976, c.49, s.3; R.S.S. 1978, c.p-32, s.17. GENERAL PROVISIONS. Disposal of pending business on resignation, etc., of provincial magistrate 18(1) Where a provincial magistrate through resignation, removal, death or other cause ceases to hold office, any business pending before him may on application of the party lawfully moving in the same be taken up and proceeded with by any provincial magistrate.
8 c. P-32 PROVINCIAL MAGISTRATES (2) In any case mentioned in subsection (1) any pending summons, warrant, process, order, conviction or other matter or thing may be taken up, proceeded with and enforced by the provincial magistrate applied to notwithstanding the initiatory proceedings were not taken before him. R.S.S. 1965, c.111, s.25; R.S.S. 1978, c.p-32, s.18. Duty of provincial magistrate to deliver certain property to successor 19(1) Every provincial magistrate 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. 1965, c.111, s.26; R.S.S. 1978, c.p-32, s.19. Who may act during absence of provincial magistrate 20(1) Where a provincial magistrate is absent from his duties because of illness or for any other cause: (a) any other provincial magistrate of his own motion or at the request of the provincial magistrate who is absent or at the request of the Attorney General; or (b) any barrister at the request in writing of the provincial magistrate who is absent; may act in the place of and exercise the powers of the provincial magistrate who is absent and shall be deemed to have been appointed to so act and by the terms of his appointment to be specially authorized to exercise the jurisdiction conferred upon a provincial magistrate by Part XVI of the Criminal Code and by this Act. (2) Subsection (1) applies also with respect to any cause, matter, prosecution or proceeding in which the initiatory proceedings have been taken before the provincial magistrate who is absent. (3) No barrister shall act under subsection (1) for more than seven days in any period of thirty days without the approval in writing of the Attorney General. R.S.S. 1965, c.111, s.27; R.S.S. 1978, c.p-32, s.20. Provincial magistrate not disqualified where complainant related to him 21 No provincial magistrate shall be disqualified from acting in respect of any matter by reason of the fact that the complainant or informant is related to the provincial magistrate, if the complainant or informant is acting in a public or official capacity. R.S.S. 1965, c.111, s.28; R.S.S. 1978, c.p-32, s.21. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2012