Administration of Justice Act, R.S.O. 1990, c. A.6

• Jurisdiction: Ontario

Administration of Justice Act

R.S.O. 1990, Chapter A.6

Consolidation Period: From September 1, 2021 to the e-Laws currency date.

Last amendment: 2021, c. 4, Sched. 3, s. 18.

Definitions

1 In this Act,

“administration of justice” means the provision, maintenance and operation of,

(a) the courts of justice of the Province of Ontario,

(b) land registry offices,

(c) jails, and

(d) the offices of coroners and Crown Attorneys,

for the performance of their functions, including any functions delegated to such courts, institutions or offices or any official thereof by or under any Act; (“administration de la justice”)

“fee” means a fee whose payment is required by a regulation made under this Act; (“frais”)

“Ministry” means the Ministry of the Attorney General. (“ministère”) R.S.O. 1990, c. A.6, s. 1; 2004, c. 31, Sched. 1, s. 1.

Section Amendments with date in force (d/m/y)

2004, c. 31, Sched. 1, s. 1 - 28/01/2005

Portion remitted to Ontario

2 Despite any other Act, but subject to Part X of the Provincial Offences Act, every municipality shall pay to the Treasurer of Ontario all fines that are required by any Act to be paid over to the municipality, other than fines imposed for contravention of the by-laws of the municipality or a local board thereof. R.S.O. 1990, c. A.6, s. 2; 2000, c. 26, Sched. A, s. 1.

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. A, s. 1 - 06/12/2000

Retaining special services

3 (1) Where, in the opinion of the Crown Attorney, special services are necessary for the detection of crime or the capture of a person who is believed to have committed a crime of a serious character, the Crown Attorney may authorize and direct any person to perform such service, and shall certify upon the account to be rendered by the person what the Crown Attorney considers to be a reasonable allowance to be paid to the person employed. R.S.O. 1990, c. A.6, s. 3 (1).

Employment and payment of interpreter

(2) The Crown Attorney may employ an interpreter in any criminal cause or investigation or at a coroner’s inquest, and the interpreter shall be paid such amount as the Crown Attorney certifies to be reasonable. R.S.O. 1990, c. A.6, s. 3 (2).

Payment for special services

4 (1) Where services are rendered by a person in connection with a prosecution and the services are rendered by the direction or with the approval of the Deputy Attorney General, the person rendering the services is entitled to be paid such sum as the Deputy Attorney General directs. R.S.O. 1990, c. A.6, s. 4 (1).

Remuneration of witness coming to Ontario

(2) Where the Deputy Attorney General is of the opinion that it is necessary in order to procure the attendance as a witness for the Crown at a criminal trial of a person resident out of Ontario and that such person should be compensated for his or her loss of time and expenses in attending the trial, the Deputy Attorney General may direct that such sum as he or she considers reasonable be paid to such person. R.S.O. 1990, c. A.6, s. 4 (2).

Bringing accused to trial

(3) Where the Deputy Attorney General is of the opinion that it is advisable to bring a person charged with an offence from a place out of or in Ontario to the place of trial in Ontario, he or she may direct that such be done. R.S.O. 1990, c. A.6, s. 4 (3).

Purpose

4.1 The purpose of sections 4.2 to 4.10 is to provide a mechanism for fee waivers that is fair and proportionate, so that individuals who might otherwise be denied access to justice because of their financial circumstances can be excused from paying fees. 2020, c. 11, Sched. 1, s. 1.

Section Amendments with date in force (d/m/y)

2004, c. 31, Sched. 1, s. 2 - 28/01/2005

2020, c. 11, Sched. 1, s. 1 - 07/08/2020

Effect of certificate

4.2 (1) The person named in a certificate given under section 4.3, 4.4, 4.5 or 4.7 is excused from paying any fees that,

(a) would be payable on or after the date of the certificate; and

(b) relate to the court proceeding or tribunal order described in the certificate. 2004, c. 31, Sched. 1, s. 2; 2009, c. 33, Sched. 2, s. 2 (1).

Subject to revocation

(2) Subsection (1) is subject to the revocation of the certificate under section 4.10. 2020, c. 11, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2004, c. 31, Sched. 1, s. 2 - 28/01/2005

2009, c. 33, Sched. 2, s. 2 (1) - 15/12/2009

2020, c. 11, Sched. 1, s. 2 - 07/08/2020

Fee waiver re court proceeding: clerk or registrar

Request

4.3 (1) A person may request a fee waiver under this section with respect to a court proceeding by giving a written request, in the form provided by the Ministry, to the clerk or registrar of the court in which the proceeding is or would be commenced. 2004, c. 31, Sched. 1, s. 2.

Timing

(2) The request may be made at any stage in the proceeding. 2004, c. 31, Sched. 1, s. 2.

Same

(3) Without limiting the generality of subsection (2), a person who has not previously obtained a fee waiver may request one after an order is made in the proceeding, in order to be excused from paying any fees relating to the enforcement of the order. 2004, c. 31, Sched. 1, s. 2.

Certificate

(4) If the clerk or registrar determines that the person meets the prescribed conditions, he or she shall give the person a certificate indicating that all fees that are or would be payable by the person on or after the date of the certificate with respect to the proceeding, including any fees relating to the enforcement of an order in the proceeding, are waived. 2004, c. 31, Sched. 1, s. 2.

Decision final

(5) The decision of the clerk or registrar is final. 2004, c. 31, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2004, c. 31, Sched. 1, s. 2 - 28/01/2005

Fee waiver re court proceeding: judge, etc.

Request

4.4 (1) A person may request a fee waiver under this section with respect to a court proceeding by giving a written request, in the form provided by the Ministry, to a judge, deputy judge or associate judge of the court in which the proceeding is or would be commenced. 2004, c. 31, Sched. 1, s. 2; 2020, c. 11, Sched. 1, s. 6 (1); 2021, c. 4, Sched. 3, s. 18.

Timing

(2) The request may be made at any stage in the proceeding. 2004, c. 31, Sched. 1, s. 2.

Same

(3) Without limiting the generality of subsection (2), a person who has not previously obtained a fee waiver may request one...