Justices of the Peace Act, R.S.O. 1990, c. J.4

• Jurisdiction: Ontario

Justices of the Peace Act

R.S.O. 1990, CHAPTER J.4

Consolidation Period: From March 6, 2024 to the e-Laws currency date.

Last amendment: 2024, c. 2, Sched. 12.

CONTENTS

Definitions

1 In this Act,

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Act; (“règlements”)

“Review Council” means the Justices of the Peace Review Council continued by section 8. (“Conseil d’évaluation”) R.S.O. 1990, c. J.4, s. 1; 1994, c. 12, s. 50; 2006, c. 21, Sched. B, s. 1.

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

1994, c. 12, s. 50 - 1/09/1995

2006, c. 21, Sched. B, s. 1 (1, 2) - 01/01/2007

Appointment of justices

2 (1) The Lieutenant Governor in Council, on the recommendation of the Attorney General, may appoint full-time justices of the peace. 2006, c. 21, Sched. B, s. 2.

Qualifications

(1.1) No person shall be appointed as a justice of the peace under subsection (1) unless he or she has performed paid or volunteer work equivalent to at least 10 years of full-time experience and,

(a) has a university degree;

(b) has a diploma or advanced diploma granted by a college of applied arts and technology or a community college following completion of a program that is the equivalent in class hours of a full-time program of at least four academic semesters;

(c) has a degree from an institution, other than a university, that is authorized to grant the degree,

(i) under the Post-secondary Education Choice and Excellence Act, 2000,

(ii) under a special Act of the Assembly that establishes or governs the institution, or

(iii) under legislation of another province or territory of Canada;

(d) has successfully completed a program designated as an equivalency under subsection (1.2); or

(e) meets the equivalency requirement set out in subsection (1.3). 2020, c. 18, Sched. 8, s. 1 (1).

Equivalency programs

(1.2) For the purposes of clause (1.1) (d), the Attorney General may designate programs that involve training in the justice system, including programs designed to enhance diversity in the justice system, as programs that meet the educational equivalency requirement, and shall make the list of programs so designated public. 2020, c. 18, Sched. 8, s. 1 (1).

Exceptional qualifications

(1.3) For the purposes of clause (1.1) (e), a candidate may be considered to have met the equivalency requirement if he or she clearly demonstrates exceptional qualifications, including life experience, but does not have the educational requirements set out in clauses (1.1) (a) to (d). 2020, c. 18, Sched. 8, s. 1 (1).

Same

(1.4) No person shall be appointed as a justice of the peace under subsection (1) unless the person undertakes to participate in such courses as may be designated for newly appointed justices of the peace by the Associate Chief Justice Co-ordinator of Justices of the Peace under subsection 14 (6). 2023, c. 12, Sched. 5, s. 1.

Part-time justices

(2) A person appointed as a part-time justice of the peace before subsection (1) came into force continues in office as a part-time justice of the peace. 2006, c. 21, Sched. B, s. 2.

Change to full-time

(3) The Lieutenant Governor in Council, on the recommendation of the Attorney General, may change a person’s appointment as a part-time justice of the peace to an appointment as a full-time justice of the peace. 2006, c. 21, Sched. B, s. 2.

Consultation

(4) Before making a recommendation under subsection (3), the Attorney General must obtain the recommendation of the Chief Justice of the Ontario Court of Justice on the matter. 2006, c. 21, Sched. B, s. 2.

Information to be maintained in confidence

(5) Any records or other information collected, prepared, maintained or used by the Attorney General in relation to the appointment or consideration of an individual as a justice of the peace, including any such records or other information provided to the Attorney General by the Justices of the Peace Appointments Advisory Committee, shall be maintained in confidence and shall not be disclosed except as authorized by the Attorney General. 2020, c. 18, Sched. 8, s. 1 (2).

Prevails over FIPPA

(6) Subsection (5) prevails over the Freedom of Information and Protection of Privacy Act. 2020, c. 18, Sched. 8, s. 1 (2).

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

2006, c. 21, Sched. B, s. 2 - 01/01/2007

2020, c. 18, Sched. 8, s. 1 (1, 2) - 14/08/2020

2023, c. 12, Sched. 5, s. 1 - 08/06/2023

Justices of the Peace Appointments Advisory Committee

Composition and governance

2.1 (1) The committee known as the Justices of the Peace Appointments Advisory Committee in English and Comité consultatif sur la nomination des juges de paix in French is continued. 2020, c. 18, Sched. 8, s. 2.

Composition

(2) The Committee is composed of three core members as follows:

1. A judge of the Ontario Court of Justice, or a justice of the peace, appointed by the Chief Justice of the Ontario Court of Justice.

2. A justice of the peace appointed by the Chief Justice of the Ontario Court of Justice who is either the Senior Indigenous Justice of the Peace or another justice of the peace familiar with Indigenous issues or, when the justice of the peace so appointed is not available to act as a member of the Committee, another justice of the peace familiar with Indigenous issues who is designated by the Chief Justice of the Ontario Court of Justice.

3. One person appointed by the Attorney General. 2020, c. 18, Sched. 8, s. 2.

Regional members

(3) In addition to the core members appointed under subsection (2), the Committee shall include the following regional members in respect of its functions in a particular region:

1. The regional senior justice of the peace for the region or, when he or she is not available to act as a member of the Committee, another justice of the peace from the same region who is designated by the regional senior judge.

2. Up to three persons appointed by the Attorney General.

3. A licensee within the meaning of the Law Society Act in the region appointed by the Attorney General from a list of three names submitted to the Attorney General by the Law Society of Ontario. 2020, c. 18, Sched. 8, s. 2.

Criteria

(4) In the appointment of members under paragraph 3 of subsection (2) and paragraph 2 of subsection (3), the importance of reflecting, in the composition of the Committee as a whole, Ontario’s linguistic duality and the diversity of its population and ensuring overall gender balance shall be recognized. 2020, c. 18, Sched. 8, s. 2.

Regional leads

(5) The Attorney General shall designate a regional lead for each region from among the regional members for that region. 2020, c. 18, Sched. 8, s. 2.

Term of office

(6) The members appointed under paragraph 3 of subsection (2) and under paragraphs 2 and 3 of subsection (3) hold office for three-year terms and may be reappointed. 2020, c. 18, Sched. 8, s. 2.

Chair

(7) The Attorney General shall designate one of the core members to chair the Committee for a term of up to three years. 2020, c. 18, Sched. 8, s. 2.

Term of office

(8) The same person may serve as chair for two or more terms. 2020, c. 18, Sched. 8, s. 2.

Chair votes

(9) The chair is entitled to vote and may cast a second, deciding vote if there is a tie. 2020, c. 18, Sched. 8, s. 2.

Meetings

(10) The Committee may hold its meetings and conduct interviews in person or through electronic means, including telephone conferencing and video conferencing. 2020, c. 18, Sched. 8, s. 2.

Employees

(11) Such employees as are considered necessary for the proper conduct of the affairs of the Committee may be appointed under Part III of the Public Service of Ontario Act, 2006. 2020, c. 18, Sched. 8, s. 2.

Annual report

(12) The Committee shall prepare an annual report, provide it to the Attorney General and make it available to the public. 2020, c. 18, Sched. 8, s. 2.

Same

(13) The annual report must include,

(a) statistics about the sex, gender, gender identity, sexual orientation, race, ethnicity, disability status and ability to speak French of candidates who volunteer that information, including whether the candidates identify as Indigenous or as a member of a Francophone community, at each stage of the process, as specified by the Attorney General; and

(b) such other content as the Attorney General may require. 2020, c. 18, Sched. 8, s. 2; 2024, c. 2, Sched. 12, s. 1.

Tabling of annual report

(14) The Attorney General shall table the Committee’s annual report in the Assembly. 2020, c. 18, Sched. 8, s. 2.

Information to be maintained in confidence

(15) Any records or other information collected, prepared, maintained or used by the Committee in relation to the consideration of an individual for appointment as a justice of the peace shall be maintained in confidence and shall not be disclosed except as authorized by the chair of the Committee. 2020, c. 18, Sched. 8, s. 2.

Personal liability

(16) No action or other proceeding for damages shall be instituted against any member or former member of the Committee for any act done in good faith in the execution or intended execution of any power or duty that he or she has or had as a member of the Committee, or for any neglect or default in the exercise or performance in good faith of such power or duty. 2020, c. 18, Sched. 8, s. 2.

Crown liability

(17) Subsection (16) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (16) to which it would otherwise be subject. 2020, c. 18, Sched. 8, s. 2.

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

2006, c. 21, Sched. B, s. 3 - 01/01/2007; 2006, c. 35, Sched. C, s. 56 (1) - 20/08/2007

2007, c. 7, Sched. 20, s. 1 - 17/05/2007

2009, c. 33, Sched. 2, s. 39 (1, 2) - no effect - see Table of Public Statute Provisions Repealed Under...