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Justices of the Peace Regulations

made under Section 12 of the

Justices of the Peace Act

R.S.N.S. 1989, c. 244

O.I.C. 2002-159 (March 28, 2002, effective March 31, 2002), N.S. Reg. 51/2002

as amended up to O.I.C. 2013-413 (December 20, 2013), N.S. Reg. 344/2013


Citation

1     These regulations may be cited as the Justices of the Peace Regulations.


Definitions

2     In these regulations, “Act” means the Justices of the Peace Act.


Jurisdiction

3     Every justice of the peace has jurisdiction throughout Nova Scotia.


Duties of staff justice of the peace

4     A staff justice of the peace may only

 

                (a)    swear an information;

                (b)    issue a summons;

                (c)    issue a subpoena;

                (d)    conduct an arraignment in respect of an application for a peace bond;

                (e)    conduct an arraignment and accept a not guilty plea in respect of an offence under a Provincial enactment;

Clause 4(e) replaced: O.I.C. 2005-198, N.S. Reg. 103/2005.

 

                (ea)  conduct an arraignment and accept a guilty plea in respect of an offence under a Provincial enactment and impose

 

                         (i)     the minimum penalty authorized by law for the offence and any charge required under subsection 8(6) of the Summary Proceedings Act, or

 

                         (ii)    the penalty for that offence that has been directed by the Attorney General for out of court settlement under subsection 8(6) of the Summary Proceedings Act, including any charge required under that subsection; or

Clause 4(ea) added: O.I.C. 2005-198, N.S. Reg. 103/2005.

 

                (eb)  in respect of an offence under a Provincial enactment for which a summary offence ticket has been issued,

 

                         (i)     enter a conviction and impose a penalty and any applicable charge in accordance with subsection 8(15) of the Summary Proceedings Act, including an increased penalty in accordance with subsection 8(15A) of the Summary Proceedings Act, or

 

                         (ii)    quash a proceeding in accordance with subsection 8(15) of the Summary Proceedings Act;

Clause 4(eb) added: O.I.C. 2005-198, N.S. Reg. 103/2005; replaced: O.I.C. 2011-92, N.S. Reg. 42/2011.

 

                (ec)  sign a certificate striking out a conviction under subsection 8(17A) of the Summary Proceedings Act;

Clause 4(ec) added: O.I.C. 2011-92, N.S. Reg. 42/2011.

 

                (f)    administratively release a person on an undertaking or recognizance where the order was made by a judge or presiding justice of the peace;

 

                (g)    administer an oath;

 

                (h)    perform a civil wedding

 

                         (i)     in the course of their employment, during working hours, and

 

                         (ii)    when they regularly perform civil weddings in the course of their employment during working hours, outside working hours;

 

                (i)     when exercising the authority of a judge in the absence of the judge, adjourn a matter before a court;

 

                (j)     make a detention order for the initial 90-day detention only;

 

                (k)    receive the report respecting things seized that is required in connection with the execution of a telewarrant;

 

                (l)     make an endorsement on a warrant under sections 487 and 528 of the Criminal Code (Canada).

Clause 4(l) added: O.I.C. 2004-380, N.S. Reg. 208/2004; amended: O.I.C. 2005-198, N.S. Reg. 103/2005.

 

4A  Despite the amendments to these regulations made effective April 1, 2011, these regulations as they existed immediately before April 1, 2011, apply to a summary offence ticket summons served before April 1, 2011, and, for greater certainty, these regulations shall be read, interpreted and construed with respect to any such ticket summons and related information and proceedings as if these regulations were not amended by the amendments to these regulations made effective April 1, 2011.

Section 4A added: O.I.C. 2011-92, N.S. Reg. 42/2011.


Duties of administrative justice of the peace

5     (1)    Except as provided in Section 5A, an administrative justice of the peace may only

 

                (a)    perform a civil wedding;

 

                (b)    administer an oath;

 

                (c)    swear an information;

 

                (d)    issue a summons; and

 

                (e)    issue a subpoena.

Subsection 5(1) amended: O.I.C. 2008-187, N.S. Reg. 244/2008.

 

       (2)    The fees for the services referred to in clauses (1)(b), (c), (d) and (e) shall be as set out in the Schedule to Part I of the Costs and Fees Act.


Administrative justice of the peace authorized only to perform civil wedding

5A  (1)    An administrative justice of the peace may be authorized only to perform a civil wedding.

 

       (2)    An administrative justice of the peace authorized only to perform a civil wedding may only perform a civil wedding.

Section 5A added: O.I.C. 2008-187, N.S. Reg. 244/2008.


Term of appointment of administrative justice of the peace

6     (1)    Except as provided in subsection (2), an administrative justice of the peace holds office for a term of 5 years and may be reappointed.

Section 6 renumbered 6(1) and amended: O.I.C. 2008-187, N.S. Reg. 244/2008.

 

       (2)    An administrative justice of the peace authorized only to perform a civil wedding may be appointed for a term of no longer than 5 years and may be reappointed.

Subsection 6(2) added: O.I.C. 2008-187, N.S. Reg. 244/2008.


Duties of presiding justice of the peace

7     (1)    A presiding justice of the peace may, subject to the Act and in accordance with the directions of the Chief Judge of the Provincial Court, the Chief Judge of the Family Court or the Chief Justice of the Supreme Court of Nova Scotia, as the case may be,

 

                (a)    deal with all matters prescribed to a justice of the peace in the Criminal Code and the Summary Proceedings Act;

 

                (b)    swear an information;

 

                (c)    issue a summons;

 

                (d)    issue a subpoena;

 

                (e)    issue a search warrant;

 

                (f)    issue an arrest warrant;

 

                (g)    issue a warrant to enter a dwelling-house;

 

                (h)    issue a telewarrant;

 

                (i)     make a detention order;

 

                (j)     make a sealing order;

 

                (k)    conduct a judicial interim release hearing;

 

                (l)     conduct an arraignment in respect of an offence charged in a summary offence ticket;

 

                (m)   preside over a trial in respect of an offence charged in a summary offence ticket;

 

                (n)    conduct a hearing in respect of an application for a peace bond;

 

                (o)    process an out-of-province warrant;

 

                (p)    hear an application to strike out a conviction under subsection 8(18) of the Summary Proceedings Act;

Clause 7(1)(p) replaced: O.I.C. 2011-92, N.S. Reg. 42/2011.

 

                (q)    preside over a trial in respect of a provincial enactment;

 

                (qa)  deal with all matters prescribed to a justice in the Cyber-safety Act, including conducting a hearing of an application for a protection order under that Act.

Clause 7(1)(qa) added: O.I.C. 2013-264, N.S. Reg. 275/2013.

 

       (2)    A presiding justice of the peace may perform any of the duties listed in subsection (1) between the hours of 9 p.m. of one day and 9 a.m. of the following day only when, in the opinion of the presiding justice of the peace, it is not reasonable to wait until 9 a.m. of the next day to deal with the matter.


Duty roster

8     A presiding justice of the peace shall perform their duties and functions in accordance with the duty rosters established by the Chief Judge of the Provincial Court, the Chief Judge of the Family Court or the Chief Justice of the Supreme Court of Nova Scotia, as the case may be.

 

9     The duty rosters established by the Chief Judge of the Provincial Court pursuant to subsection 9(1) of the Act, the Chief Judge of the Family Court pursuant to subsection 10(1) of the Act and the Chief Justice of the Supreme Court of Nova Scotia pursuant to subsection 10A(1) of the Act, shall include evening and week-end assignments.


Section 10 repealed: O.I.C. 2013-413, N.S. Reg. 344/2013.