Justice of the Peace Act

JUSTICE OF THE PEACE ACT Chapter J‑4 Table of Contents 1 Definitions 2 Jurisdiction 3 Ineligibility 4 Appointment of justices of the peace 5 Appointment of non‑presiding justices of the peace 6 Powers and duties 7 Term of appointment 7.01 Change of designation 7.02 Approval to continue or remain in office 7.03 Continuation — full time or part time 7.1 Remain in office after 70 7.2 Continuation — ad hoc 7.3 Ad hoc to part time 8 Oaths 9 Supervision and duties 9.1 Approval criteria 10 Complaints 10.1 Restriction on other employment 11 Resignation 12 Determination of complaint or information 13 Court of Justice Act 14 Status of certain appointments 15 Regulations HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definitions 1 In this Act, (a) “Chief Justice” means the Chief Justice of the Alberta Court of Justice; (b) “Judicial Council” means the Judicial Council established under Part 6 of the Judicature Act ; (b.1) “justice of the peace” means a justice of the peace who is appointed or approved to continue in office under this Act as a justice of the peace and includes an ad hoc justice of the peace; (b.2) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (c) “non‑presiding justice of the peace” means a justice of the peace who is appointed by the Minister under section 5(1); (d), (e) repealed 2011 c20 s8. RSA 2000 cJ‑4 s1;2009 c27 s2;2011 c20 s8; 2017 c22 s31;AR 75/2023;2025 c22 s5 Jurisdiction 2 A justice of the peace has jurisdiction throughout Alberta. RSA 1980 cJ‑3 s1;1998 c18 s3 Ineligibility 3 No person other than a Canadian citizen is eligible to be appointed as a justice of the peace. RSA 1980 cJ‑3 s2;1991 c21 s16 Appointment of justices of the peace 4 (1) The Lieutenant Governor in Council may appoint a person as a justice of the peace. (2) An order under subsection (1) shall designate whether the appointment is full time or part time. (3) A designation under subsection (2) may not be changed except in accordance with section 7.01. (4) to (4.2) Repealed 2025 c22 s5. (5) The following are not eligible to be appointed or to remain as justices of the peace appointed under this section: (a) an employee of the government of Canada or Alberta or of a municipality or Metis settlement; (b) a person employed (i) to serve or execute civil process, including a sheriff or a bailiff, (ii) to preserve and maintain the public peace, including a member of any law enforcement agency, (iii) to prosecute an offence under any federal or provincial statute or regulation or municipal bylaw, (iv) to issue any offence notice, or (v) to work in a penitentiary or in a correctional institution as defined in the Corrections Act , including a warden or a guard; (c) a councillor of a municipality; (d) a councillor of a Metis settlement or a member of the Metis Settlements General Council; (e) a Member of the Legislative Assembly; (f) a person who is 70 years of age or older. (6) The appointment of a justice of the peace under this section terminates if the person becomes ineligible under subsection (5). (6.1) Notwithstanding subsections (5)(f) and (6), a person who is 70 years of age or older is eligible to remain as a justice of the peace if the person has been approved to (a) remain in office past the age of 70 years under section 7.1, (b) continue as an ad hoc justice of the peace under section 7.2, or (c) continue as a part-time justice of the peace or remain in office as such under section 7.3. (7) A person whose appointment as a justice of the peace under this section has expired or terminated may not be employed by the Government of Alberta or be appointed to a Provincial agency as defined in the Financial Administration Act until at least the amount of time prescribed by the regulations has elapsed since the date of the expiry or termination. RSA 2000 cJ‑4 s4;2009 c27 s3;2011 c20 s8;2022 c12 s2; 2022 c21 s47;AR 75/2023;2025 c22 s5 Appointment of non-presiding justices of the peace 5 (1) The Minister may appoint a person as a justice of the peace designated as a non‑presiding justice of the peace. (2) A non‑presiding justice of the peace is appointed as a justice of the peace solely for the purposes of exercising the following, to the extent that their exercise is consistent with the constitutional requirements for independence, if any: (a) administering oaths or affirmations or taking declarations; (b) processing judicial interim release orders; (c) adjourning cases where a judge of the Court of Justice or a justice of the peace is not present; (d) performing any other functions and duties prescribed by the regulations. RSA 2000 cJ‑4 s5;2011 c20 s8;AR 75/2023 Powers and duties 6 (1) Notwithstanding that a statute or regulation provides that any power or duty must be exercised by 2 or more justices of the peace, the following may be exercised by any one justice of the peace: (a) receiving an information or complaint or receiving an information or complaint from another justice of the peace and granting a summons or warrant on it; (b) issuing a subpoena, summons or warrant to compel the attendance of any witnesses for either party; (c) doing all other acts and matters necessary preliminary to a hearing. (2) A justice of the peace may conduct a hearing or settlement conference or hear an application under Part 4 of the Court of Justice Act and the regulations under that Act. (3) In the absence of any provision to the contrary in any statute and subject to the regulations made under this Act, a complaint or information may be heard, tried and determined by one justice of the peace. (4) Nothing in this section shall be taken to confer on any justice of the peace, other than one who is also a judge of the Court of Justice acting in that capacity, the power to hold a preliminary inquiry under the Criminal Code (Canada). (5) Every justice of the peace is by virtue of the office a commissioner for taking affidavits and declarations and for administering oaths and affirmations. RSA 2000 cJ‑4 s6;2011 c20 s8;2015 c12 s11;AR 75/2023 Term of appointment 7 (1) Subject to section 4(6) and this section, a justice of the peace appointed under section 4(1) is appointed for a term of 10 years. (2) An appointment made under section 4(1) (a) expires when 10 years have elapsed from the date on which the appointment was effective, (b) may not be renewed or extended, and (c) may only be continued under section 7.03, 7.2 or 7.3. (3) A justice of the peace appointed under section 4(1) may only be removed from office in accordance with Part 6 of the Judicature Act . (4) A non‑presiding justice of the peace holds office at the discretion of the Minister. (5) Notwithstanding anything in this Act, the appointment of a justice of the peace terminates when the justice of the peace attains the age of 75 years. RSA 2000 cJ‑4 s7;2005 c41 s2;2009 c27 s4; 2011 c20 s8;2017 c22 s31;2025 c22 s5 Change of designation 7.01 (1) A justice of the peace may apply in writing to the Chief Justice to have the justice of the peace’s appointment designation changed for the remaining term of the appointment from (a) a full‑time to a part‑time justice of the peace designation, or (b) a part‑time to a full‑time justice of the peace designation. (2) The Chief Justice may change the appointment designation if (a) the Chief Justice determines that the change will enhance the efficient and effective administration of the Court, and (b) the change is made in accordance with and subject to the criteria established and approved under section 9.1(2)(a). (3) If a change in designation is approved, the Chief Justice shall notify a person designated by the Minister at least 20 days before the effective date of the change of designation in the form approved by the Minister. 2025 c22 s5 Approval to continue or remain in office 7.02 (1) A justice of the peace appointed under section 4(1) whose appointment has not terminated under section 4(6) or 7(5) and has not expired under section 7(2)(a) may request in writing approval to (a) continue in office in accordance with section 7.03, 7.2 or 7.3, or (b) remain in office in accordance with section 7.1 or 7.3. (2) If a justice of the peace is approved to continue or remain in office, the Chief Justice shall notify a person designated by the Minister no later than 20 days before the effective date of the approval in the form approved by the Minister. (3) The appointment of a justice of the peace who was approved to continue or remain in office terminates if the justice of the peace becomes ineligible (a) under section 4(5)(a) to (e), or (b) under section 4(5)(f) and the justice of the peace has not been approved to (i) remain in office under section 7.1, (ii) continue as an ad hoc justice of the peace under section 7.2, or (iii) continue as a part-time justice of the peace or remain in office as such under section 7.3. 2025 c22 s5 Continuation — full time or part time 7.03 (1) A justice of the peace appointed under section 4(1) who is approaching the expiry of the 10‑year term of appointment referred to in section 7(1) may request in writing approval from the Judicial Council to continue in office for a term of 5 additional years effective from the date on which the 10‑year term of appointment would otherwise expire. (2) The Judicial Council may approve a justice of the peace to continue in office for a term of 5 years if (a) the Chief Justice and the Judicial Council determine that the approval will enhance the efficient and effective administration of the Court, and (b) the approval is given in accordance with and subject to the criteria established under section 9.1(1). (3) An appointment designated as a full‑time or part‑time justice of the peace appointment remains unchanged on the continuation of the appointment under this section and may only be changed in accordance with section 7.01. (4) A justice of the peace who was approved to continue in office for a 5‑year term and who is approaching the expiry of the 5‑year term may request in writing approval to continue in office in accordance with subsections (2) and (3) for a subsequent term of 5 years. (5) Subject to receiving approval for each 5-year term in accordance with subsection (4), a justice of the peace is not limited as to the number of 5-year terms that the justice of the peace may serve under this section. 2025 c22 s5 Remain in office after 70 7.1 (1) A justice of the peace appointed under section 4(1) who is approaching the age of 70 years but whose term of appointment under section 7(1) or 7.03 has not expired may request in writing approval from the Chief Justice to remain in office for a period of one year effective from the date on which the appointment would otherwise terminate under section 4(5)(f) and (6). (2) The Chief Justice may approve a justice of the peace to remain in office for a period of one year if (a) the Chief Justice determines that the approval will enhance the efficient and effective administration of the Court, and (b) the approval is given in accordance with and subject to the criteria established and approved under section 9.1(2)(b). (3) An appointment designated as a full‑time or part‑time justice of the peace appointment remains unchanged on the approval of the justice of the peace to remain in office under this section and may only be changed in accordance with section 7.01. (4) A justice of the peace who was approved to remain in office for a one‑year period and who is approaching the expiry of the one‑year period may request in writing approval to remain in office in accordance with subsections (2) and (3) for a subsequent period of one year until, (a) if the justice of the peace has not yet completed the 10‑year term of office under section 7(1), 10 years have elapsed from the date on which the appointment of the justice of the peace under section 4(1) was effective, or (b) if the appointment of the justice of the peace was continued under section 7.03, 5 years have elapsed from the date on which the appointment of the justice of the peace was last continued under section 7.03. 2009 c27 s5;2011 c20 s8;2017 c22 s31;2022 c21 s47;AR 75/2023; 2025 c22 s5 Continuation — ad hoc 7.2 (1) A justice of the peace appointed under section 4(1) who will have served at least 10 years in office as of the date on which the current term of appointment expires under section 7(1) or 7.03 but whose term of appointment has not expired may request in writing approval from the Chief Justice to continue in office as an ad hoc justice of the peace for a term of one year effective from (a) the date on which the term of appointment would otherwise expire, or (b) if the appointment of the justice of the peace was continued under section 7.03, a date agreed to by the justice of the peace and the Chief Justice that occurs before the date on which the term of appointment would otherwise expire. (2) , (3) Repealed 2025 c22 s5. (4) The Chief Justice may approve a person to continue in office as an ad hoc justice of the peace for a term of one year if (a) the Chief Justice determines that approving that person to continue in office as an ad hoc justice of the peace will enhance the efficient and effective administration of the Court, and (b) the approval is given in accordance with and subject to the criteria established and approved under section 9.1(2)(c). (5) Repealed 2017 c22 s31. (6) Repealed 2025 c22 s5. (7) Subject to section 7.3, a justice of the peace who was approved to continue as an ad hoc justice of the peace for a one‑year term and who is approaching the expiry of the one‑year term may request in writing approval to continue in office in accordance with subsection (4) for a subsequent term of one year until the justice of the peace has served a maximum of 5 terms as an ad hoc justice of the peace. (7.1) Notwithstanding subsection (7), during the period commencing on January 1, 2024 and ending on December 31, 2025, a justice of the peace may be approved to continue in office in accordance with this section for a maximum of 7 terms of one year. (8) to (10) Repealed 2025 c22 s5. 2011 c20 s8;2017 c22 s31;2022 c21 s47;AR 75/2023;2023 c8 s5; 2025 c22 s5 Ad hoc to part time 7.3 (1) A justice of the peace who is serving a term as an ad hoc justice of the peace on December 31, 2025 may request in writing approval from the Judicial Council to continue in office as a part‑time justice of the peace for a term of 5 years effective from the date on which the Judicial Council approves the request. (2) The Judicial Council may approve an ad hoc justice of the peace to continue in office as a part-time justice of the peace for a term of 5 years if (a) the Chief Justice and the Judicial Council determine that the approval will enhance the efficient and effective administration of the Court, and (b) the approval is given in accordance with and subject to the criteria established under section 9.1(1). (3) Subject to this section, if an ad hoc justice of the peace is approved to continue as a part-time justice of the peace under subsection (2), the Act applies to the justice of the peace as if the justice of the peace was continued under section 7.03. (4) Notwithstanding anything to the contrary in section 7.1, if an ad hoc justice of the peace was 70 years of age or older at the time the justice of the peace was approved to continue as a part-time justice of the peace, the appointment of that justice of the peace terminates one year from the date on which the approval was effective unless, before the appointment of the justice of the peace would otherwise terminate, the justice of the peace requests in writing approval from the Chief Justice to remain in office for a period of one year effective from the date on which the appointment would otherwise terminate. (5) The Chief Justice may approve a justice of the peace to remain in office for a period of one year if (a) the Chief Justice determines that the approval will enhance the efficient and effective administration of the Court, and (b) the approval is given in accordance with and subject to the criteria established and approved under section 9.1(2)(b). (6) A part‑time justice of the peace who was approved to remain in office for a one‑year period under subsection (5) and who is approaching the expiry of the one‑year period may request in writing approval to remain in office in accordance with subsection (5) for a subsequent period of one year until 5 years have elapsed from the date on which the appointment was continued under subsection (2). (7) Notwithstanding that a justice of the peace has continued in office as an ad hoc justice of the peace for up to 7 terms of one year under section 7.2, if that justice of the peace is continued under this section as a part‑time justice of the peace, that justice of the peace may, at any time after approval is given under subsection (2) but before the appointment terminates or expires, request in writing approval to continue in office as an ad hoc justice of the peace in accordance with section 7.2. (8) For the purpose of determining the number of terms served under section 7.2(7), a term served by an ad hoc justice of the peace that was served prior to that justice of the peace being approved to continue as a part‑time justice of the peace under this section is not counted towards the maximum number of terms permitted under section 7.2(7). (9) A request made under subsection (1) must be made no later than December 31, 2026. 2025 c22 s5 Oaths 8 (1) Every justice of the peace, before acting, shall take and subscribe before a person authorized to administer oaths and declarations in Alberta the oath of allegiance and the judicial oath prescribed by the Oaths of Office Act . (2) The oaths once taken and subscribed shall be transmitted forthwith by the justice of the peace to the Department of Justice. RSA 2000 cJ‑4 s8;2013 c10 s36;2022 c21 s47 Supervision and duties 9 (1) The Chief Justice (a) shall supervise and assign duties to justices of the peace, and (b) may delegate the supervision and assignment of duties referred to in clause (a) to a judge or a supernumerary judge of the Court of Justice. (2) The judge or supernumerary judge to whom the Chief Justice has made a delegation under subsection (1)(b) may further delegate to justices of the peace administrative functions including scheduling, record‑keeping, interfacing with police agencies and developing forms. RSA 2000 cJ‑4 s9;2011 c20 s8;AR 75/2023 Approval criteria 9.1 (1) The Judicial Council may establish criteria for the purpose of approving a justice of the peace to continue in office under section 7.03 or 7.3(2). (2) The Chief Justice may establish criteria, and the Judicial Council may approve those criteria, for the purpose of approving (a) a change in designation under section 7.01, (b) a justice of the peace to remain in office under section 7.1 or 7.3(5), and (c) a justice of the peace to continue in office under section 7.2. 2025 c22 s5 Complaints 10 (1) A complaint about the competence, conduct, misbehaviour or neglect of duty of a justice of the peace or the inability of a justice of the peace to perform duties shall be dealt with in accordance with Part 6 of the Judicature Act . (2) This section does not apply to a non‑presiding justice of the peace. RSA 2000 cJ‑4 s10;2009 c27 s6;2011 c20 s8;2025 c22 s5 Restriction on other employment 10.1 Unless otherwise authorized by the Lieutenant Governor in Council, (a) a justice of the peace who is designated as a full‑time justice of the peace shall not practise law; (b) a justice of the peace who is designated as a part‑time justice of the peace shall not practise criminal law or family law, appear as counsel on any matter in the Alberta Court of Justice, represent any client in any proceeding involving the Government of Alberta or the Government of Canada, or represent the Government of Alberta or the Government of Canada in any proceeding. 2011 c20 s8;AR 75/2023 Resignation 11 A justice of the peace may at any time resign the position of justice of the peace in writing signed by the justice of the peace and delivered to the Chief Justice. RSA 2000 cJ-4 s11;AR 75/2023 Determination of complaint or information 12 (1) Where a justice of the peace (a) hears, tries and determines a complaint or information, or (b) conducts a hearing or settlement conference or hears an application under Part 4 of the Court of Justice Act and the regulations under that Act, that justice of the peace shall do the things referred to in subsection (2). (2) Where subsection (1) applies, the justice of the peace while carrying out the functions referred to in subsection (1) (a) shall hear, try and determine the matter in the Court of Justice, and (b) for the purpose of hearing, trying and determining the matter is, subject to the regulations, empowered to exercise all of the powers and perform all of the duties of a judge of the Court of Justice. RSA 2000 cJ‑4 s12;2008 c32 s17;2011 c20 s8;2015 c12 s11; AR 75/2023 Court of Justice Act 13 Sections 9.21, 9.5 and 9.51 of the Court of Justice Act apply to a justice of the peace in the same manner as if the justice of the peace were a judge of the Court of Justice. RSA 2000 cJ‑4 s13;RSA 2000 c16(Supp) s28;AR 75/2023 Status of certain appointments 14 The appointment or designation of a justice of the peace for a term of years made before April 30, 1998 is confirmed and validated from the date of the appointment or designation, as the case may be. 1998 c18 s3 Regulations 15 (1) The Lieutenant Governor in Council may make regulations (a) governing the process under which a person may be selected to be appointed as a justice of the peace; (b) prescribing the statutes, the regulations and the bylaws of municipalities or any provision of them in respect of which a justice of the peace may hear, try and determine a complaint or information; (c) prescribing duties that shall not be assigned to justices of the peace; (c.1) governing and restricting the jurisdiction and powers of justices of the peace; (d) respecting a duty roster for justices of the peace; (e) respecting the qualifications of a person to be appointed as a justice of the peace, including a justice of the peace designated as a non‑presiding justice of the peace; (f) repealed 2022 c12 s2; (g) respecting fees to be paid to non‑presiding justices of the peace; (h) prescribing the period of time for the purposes of section 4(7); (i) prescribing functions and duties for the purposes of section 5(2)(d); (j) prescribing fees to be paid for each proceeding or specified service; (k) requiring and governing the making of returns and reports by justices of the peace; (l) governing the remission of fines, penalties, forfeitures or other sums of money; (m) respecting any matter necessary and advisable to carry out effectively the intent and purposes of this Act. (2) The Lieutenant Governor in Council shall make regulations (a) respecting the remuneration to be paid to justices of the peace; (b) respecting the remuneration to be paid to justices of the peace who sit part time; (c) providing for and governing the benefits to which justices of the peace are entitled. (3) A regulation made under subsection (2) shall, if so provided in the regulation, be effective from a date prior to the making of the regulation. RSA 2000 cJ‑4 s15;2005 c41 s3;2011 c20 s8;2022 c12 s2