Justice of the Peace Act

t JUSTICE OF THE PEACE ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to August 1, 2023. It is intended for information and reference purposes only. This document is not the official version of the Act. The Act and the amendments as printed under the authority of the King’s Printer for the province should be consulted to determine the authoritative statement of the law. For more information concerning the history of this Act, please see the Table of Public Acts on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Justice of the Peace Act Table of Contents JUSTICE OF THE PEACE ACT Table of Contents Section Page PART 1 – INTERPRETATION AND ADMINISTRATION 7 1. Definitions .................................................................................................................................. 7 2. Administration ........................................................................................................................... 8 PART 2 – JUDICIAL JUSTICE OF THE PEACE ADVISORY COMMITTEE 8 3. Establishment of advisory committee ....................................................................................... 8 4. Functions .................................................................................................................................... 9 5. Resource staff .......................................................................................................................... 10 6. Notification of vacancy ............................................................................................................ 10 PART 3 – JUSTICE OF THE PEACE REMUNERATION REVIEW COMMISSION 11 7. Establishment of commission .................................................................................................. 11 8. Functions .................................................................................................................................. 12 9. Resource staff .......................................................................................................................... 12 10. Powers under Public Inquiries Act ........................................................................................... 12 11. Inquiry respecting salary and benefits ..................................................................................... 12 12. Report and recommendations ................................................................................................. 13 13. Adoption and implementation of recommendations .............................................................. 13 PART 4 – JUDICIAL JUSTICES OF THE PEACE 13 14. Appointment of judicial justice of the peace ........................................................................... 13 15. Appointment of senior judicial justice of the peace ................................................................ 15 16. Authority of Chief Judge .......................................................................................................... 15 17. Powers and duties.................................................................................................................... 16 c t Current to: August 1, 2023 Page 3 Table of Contents Justice of the Peace Act 18. Continuation of authority ........................................................................................................ 17 19. Rehearing of matter ................................................................................................................ 17 20. Continuation of matter following judgment ........................................................................... 17 21. Judicial justice of peace unable to complete matter .............................................................. 18 PART 5 – STAFF JUSTICE OF THE PEACE 18 22. Appointment of staff justice of the peace .............................................................................. 18 23. Powers, duties - Departmental employee............................................................................... 19 PART 6 – REVIEW OF FITNESS TO SERVE AS JUDICIAL JUSTICE OF THE PEACE 19 24. Complaint respecting judicial justice of peace ........................................................................ 19 25. Provision of a copy of complaint ............................................................................................. 20 26. Chief Judge to inquire .............................................................................................................. 20 27. Investigation ............................................................................................................................ 20 28. Scope of investigation ............................................................................................................. 21 29. Power of Chief Judge ............................................................................................................... 21 30. If inquiry is ordered, election .................................................................................................. 22 31. Confidentiality of report .......................................................................................................... 22 32. Composition of inquiry committee ......................................................................................... 23 33. Judge of superior court as tribunal ......................................................................................... 23 34. Scope of inquiry ....................................................................................................................... 23 35. Inquiry by tribunal ................................................................................................................... 23 36. Power to compel attendance, production .............................................................................. 24 37. Power of tribunal at inquiry .................................................................................................... 25 38. Fitness to carry out duties, misconduct .................................................................................. 25 39. Determination of tribunal ....................................................................................................... 26 40. Right of respondent to appeal................................................................................................. 27 PART 7 - GENERAL 28 41. Confidentiality of information ................................................................................................. 28 Page 4 Current to: August 1, 2023 t c Justice of the Peace Act Table of Contents 42. Service of documents............................................................................................................... 28 43. Protection from liability ........................................................................................................... 28 44. Oaths or affirmations of office ................................................................................................. 28 45. Offences ................................................................................................................................... 29 46. Regulations .............................................................................................................................. 29 PART 8 – TRANSITIONAL MATTERS 30 47. Definition - “former Act” ......................................................................................................... 30 48. Investigations, inquiries, hearings ........................................................................................... 31 PART 9 - CONSEQUENTIAL AMENDMENTS 31 49. to 81 (These sections make consequential amendments to other Acts. The amendments have been incorporated into those Acts.) ................................................................................. 31 82. Repeal ...................................................................................................................................... 31 c t Current to: August 1, 2023 Page 5 PART 1 – INTERPRETATION AND ADMINISTRATION Justice of the Peace Act c JUSTICE OF THE PEACE ACT CHAPTER J-6 PART 1 – INTERPRETATION AND ADMINISTRATION 1. Definitions In this Act, (a) “advisory committee” means the Judicial Justice of the Peace Advisory Committee established under section 3; (b) “candidate” means a person who has applied to be appointed as a judicial justice of the peace or whose appointment has been recommended by the advisory committee; (c) “Chief Judge” means the Chief Judge designated under subsection 2(1.1) of the Provincial Court Act R.S.P.E.I. 1988, Cap. P-25; (d) “Commission” means the Justice of the Peace Remuneration Review Commission established in section 7; (e) “complainant” means a person who makes a complaint respecting a judicial justice of the peace under section 24; (f) “court” means the Provincial Court of Prince Edward Island continued under the Provincial Court Act; (g) “Department” means the Department of Justice and Public Safety; (h) “Indemnities and Allowances Commission” means the Indemnities and Allowances Commission established under section 46 of the Legislative Assembly Act R.S.P.E.I. 1988, Cap. L-7; (i) “inquiry committee” means an inquiry committee appointed under section 32; (j) “judge of a superior court” means a judge appointed to a superior court, as defined in subsection 35(1) of the Interpretation Act (Canada), and includes a retired judge of the superior court; (k) “judicial justice of the peace” means a person appointed as a judicial justice of the peace under section 14; (l) “justice of the peace” means (i) a judicial justice of the peace, or (ii) a staff justice of the peace; (m) “Minister” means the Minister of Justice and Public Safety and Attorney General; (n) “part-time”, in relation to the employment of a judicial justice of the peace, means employment for irregular hours of duty or for specific intermittent periods, or both; c t Current to: August 1, 2023 Page 7 PART 2 – JUDICIAL JUSTICE OF THE PEACE ADVISORY COMMITTEE Justice of the Peace Act (o) “police service” means a police service as defined in the Police Act R.S.P.E.I. 1988, Cap. P-11.1; (p) “respondent” means a judicial justice of the peace who is the subject of a complaint made under section 24; (q) “senior judicial justice of the peace” means a person appointed as senior judicial justice of the peace under section 15; (r) “staff justice of the peace” means a person appointed as a staff justice of the peace under section 22; (s) “tribunal” means either (i) an inquiry committee, or (ii) a judge of a superior court designated by the Chief Justice of the Supreme Court under clause 30(1)(b). 2018,c.52,s.1. 2. Administration (1) The Minister is responsible for the administration of this Act. Delegation (2) The Minister may delegate to an employee of the Department any of the powers, responsibilities and functions of the Minister under this Act that the Minister considers advisable. 2018,c.52,s.2. PART 2 – JUDICIAL JUSTICE OF THE PEACE ADVISORY COMMITTEE 3. Establishment of advisory committee (1) The Judicial Justice of the Peace Advisory Committee is hereby established. Composition of advisory committee (2) The advisory committee shall be composed of three members, appointed by the Lieutenant Governor in Council, of whom (a) one shall be the Chief Judge or a nominee of the Chief Judge, who shall be the chairperson; (b) one shall be a nominee of the Law Society of Prince Edward Island; and (c) one shall be a person nominated by the Minister. Term of appointment (3) A member of the advisory committee shall be appointed for a term not exceeding three years and may be reappointed. Vacancy (4) Where a member of the advisory committee ceases to hold office before his or her term expires, the Lieutenant Governor in Council may appoint a new member who meets the same requirement of subsection (2) to hold office for a term in accordance with subsection (3). Continued membership after expiry of term (5) A member of the advisory committee continues to hold office after the expiry of the member’s term until the member is reappointed or a successor is appointed. Page 8 Current to: August 1, 2023 t c PART 2 – JUDICIAL JUSTICE OF THE PEACE ADVISORY COMMITTEE Justice of the Peace Act Remuneration (6) A member of the advisory committee, other than the member appointed under clause (2)(a), shall be paid as remuneration an amount equal to the amount paid as remuneration to members of the Indemnities and Allowance Commission. Expenses (7) Each member of the advisory committee shall be paid, subject to Treasury Board policy, the reasonable expenses actually incurred by the member in carrying out the member’s duties. Quorum (8) A majority of the members of the advisory committee constitutes a quorum. 2018,c.52,s.3. 4. Functions (1) The functions of the advisory committee are (a) to establish, subject to subsection (2), criteria for the selection of candidates for appointment as judicial justices of the peace, including but not limited to criteria respecting (i) the assessment of experience, knowledge, community awareness and personal suitability for candidates, (ii) sensitivity to and understanding of gender, racial equity and issues affecting indigenous peoples, (iii) proficiency in English or French, or both, (iv) knowledge of the community in which the candidate would serve if appointed; (b) to advertise for applications by candidates, in the manner approved by the advisory committee; (c) to accept applications by candidates, in the form approved by the advisory committee; (d) to evaluate applications by candidates, in the manner approved by the advisory committee; (e) to provide the Minister as required with lists of qualified candidates for appointment as judicial justices of the peace on a full-time or part-time basis; (f) to advise the Minister respecting conditions to be attached to the appointment of a candidate as a judicial justice of the peace; (g) to advise the Minister on the number of judicial justices of the peace required for the administration of justice in the province. Membership in Law Society required (2) A candidate for appointment as a judicial justice of the peace shall have been, for at least five years, an active member in good standing (a) of the Law Society of Prince Edward Island in accordance with the Legal Profession Act R.S.P.E.I. 1988, Cap. L-6.1; or (b) of the governing body of the legal profession in accordance with the equivalent legislation in force in another province or territory. 2018,c.52,s.4. c t Current to: August 1, 2023 Page 9 PART 2 – JUDICIAL JUSTICE OF THE PEACE ADVISORY COMMITTEE Justice of the Peace Act 5. Resource staff (1) The Minister shall designate an employee of the Department to be resource staff for the advisory committee. Duties (2) An employee designated under subsection (1) shall, under the direction of the chairperson of the advisory committee, carry out the duties assigned by the advisory committee. 2018,c.52,s.5. 6. Notification of vacancy (1) Subject to subsection (7), the Minister shall notify the chairperson of the advisory committee when the Minister determines that the position of a judicial justice of the peace is vacant. Advertising (2) The advisory committee shall advertise for applications by candidates to be appointed as a judicial justice of the peace within a reasonable time of receiving notification under subsection (1), in the manner approved by the advisory committee. Evaluation of candidates (3) The chairperson shall call a meeting of the advisory committee to evaluate the qualifications of candidates for appointment as a judicial justice of the peace. Recommendation to Minister (4) The advisory committee shall, after evaluating the qualifications of candidates, provide the Minister with (a) a recommendation of at least three, and not more than six, qualified candidates for appointment for each position of judicial justice of the peace that is vacant; (b) if there are fewer than three qualified candidates for each position of judicial justice of the peace that is vacant, information respecting the number of applications received and a recommendation for appointment of the qualified candidates; (c) if there is no qualified candidate for a position of judicial justice of the peace that is vacant, a recommendation as to whether the vacant position should be advertised again in accordance with subsection (2); and (d) information respecting the criteria used by the advisory committee to assess the applications. Recommendation on conditions of appointment (5) The advisory committee may recommend to the Minister that conditions be imposed on the appointment of a candidate as a judicial justice of the peace, including conditions that restrict the type of matters that the candidate may hear or consider as a judicial justice of the peace. Notification not required (6) Notwithstanding subsection (1), if the advisory committee has, within the six-month period prior to the vacancy, provided the Minister with a list of recommended candidates for a position of judicial justice of the peace, and the list is not exhausted, the Minister may recommend to the Lieutenant Governor in Council that one of the remaining qualified candidates from that list be appointed to the position pursuant to section 14. 2018,c.52,s.6. Page 10 Current to: August 1, 2023 t c PART 3 – JUSTICE OF THE PEACE REMUNERATION REVIEW COMMISSION Justice of the Peace Act PART 3 – JUSTICE OF THE PEACE REMUNERATION REVIEW COMMISSION 7. Establishment of commission (1) The Justice of the Peace Remuneration Review Commission is hereby established. Composition of Commission (2) The Commission shall be composed of three members appointed by the Lieutenant Governor in Council, of whom (a) one shall be a representative of the Government, nominated by the Minister; (b) one shall be a representative of the judicial justices of the peace, nominated by the senior judicial justice of the peace, if one has been appointed, or if not, by the Chief Judge; and (c) one shall be a representative of the Law Society of Prince Edward Island, nominated by the Council of the Law Society. Designation of chairperson (3) The members of the Commission shall designate one of their number as the chairperson of the Commission. Persons ineligible for appointment (4) The following persons are ineligible to be appointed as members of the Commission: (a) a judge of the Provincial Court or Supreme Court who is not retired; (b) a justice of the peace; (c) a civil servant. Term of appointment (5) A member of the Commission shall be appointed for a term not exceeding three years and may be reappointed. Vacancy (6) Where a member of the Commission ceases to hold office before the member’s term expires, the Lieutenant Governor in Council may appoint a new member who meets the same requirement of subsection (2) to hold office for a term in accordance with subsection (5). Continued membership after expiry of term (7) A member of the Commission continues to hold office after the expiry of the member’s term until the member is reappointed or a successor is appointed. Remuneration (8) A member of the Commission, other than the member appointed under clause (2)(b), shall be paid remuneration in an amount equal to the amount paid to members of the Indemnities and Allowance Commission. Expenses (9) Each member of the Commission shall be paid, subject to Treasury Board policy, the reasonable expenses actually incurred by the member in carrying out the member’s duties. c t Current to: August 1, 2023 Page 11 PART 3 – JUSTICE OF THE PEACE REMUNERATION REVIEW COMMISSION Justice of the Peace Act Quorum (10) A majority of the members of the Commission constitutes a quorum. 2018,c.52,s.7. 8. Functions The functions of the Commission are (a) to review salaries, benefits and expenses paid to judicial justices of the peace; and (b) to provide the Minister and the Chief Judge with recommendations respecting the appropriate salary and benefits to be paid to judicial justices of the peace. 2018,c.52,s.8. 9. Resource staff (1) The Minister shall designate one or more employees of the Department to be resource staff for the Commission. Duties (2) An employee designated under subsection (1) shall, under the direction of the chairperson of the Commission, carry out the duties assigned by the Commission. 2018,c.52,s.9. 10. Powers under Public Inquiries Act In the discharge of the functions of the Commission, the Commission and each of its members have all of the powers, privileges and immunities of a commissioner appointed under the Public Inquiries Act R.S.P.E.I. 1988, Cap. P-31. 2018,c.52,s.10. 11. Inquiry respecting salary and benefits (1) The Commission shall conduct an inquiry, before 2021 and in every third year following, respecting (a) the appropriate level of base salary for judicial justices of the peace; (b) the appropriate design and level of benefits for judicial justices of the peace; and (c) the reimbursement of reasonable expenses incurred by judicial justices of the peace in carrying out the duty of a judicial justice of the peace. Submissions to Commission (2) The Commission shall, when conducting the inquiry, receive and consider submissions made by (a) a representative of the Government; (b) the judicial justices of the peace or their representative; and (c) any other interested persons or bodies. Factors to be considered by the Commission (3) The Commission shall consider the following factors during its inquiry: (a) the need to provide fair and reasonable compensation to judicial justices of the peace; (b) any policies made by Treasury Board respecting reimbursement of reasonable expenses; (c) any changes in the cost of living or in real per capita income; (d) the need to attract qualified candidates; Page 12 Current to: August 1, 2023 t c PART 4 – JUDICIAL JUSTICES OF THE PEACE Justice of the Peace Act (e) the prevailing economic conditions in the province and the overall state of the provincial economy; (f) the salaries and benefits paid to persons in other Canadian jurisdictions whose role and responsibility is similar to that of a judicial justice of the peace; (g) any other factors which the Commission considers relevant; (h) any other factors specified in the regulations. 2018,c.52,s.11. 12. Report and recommendations (1) On completion of its inquiry, the Commission shall submit a written report of its findings to the Minister, including its recommendations respecting (a) the appropriate level of base salary for judicial justices of the peace; (b) the appropriate design and level of benefits for judicial justices of the peace; and (c) the expenses incurred by judicial justices of the peace in carrying out their duties that may be reimbursed. Report to be tabled in Legislative Assembly (2) The Minister shall table the report of the Commission in the Legislative Assembly (a) within 30 days after it has been received by the Minister, if received during a sitting; or (b) during the sitting immediately following its submission to the Minister. 2018,c.52,s.12. 13. Adoption and implementation of recommendations Where the Legislative Assembly adopts a report tabled in accordance with subsection 12(2), in whole or in part, the Lieutenant Governor in Council shall, with due diligence and reasonable dispatch, take whatever steps are necessary to implement the report in accordance with the vote of the Legislative Assembly. 2018,c.52,s.13. PART 4 – JUDICIAL JUSTICES OF THE PEACE 14. Appointment of judicial justice of the peace (1) The Lieutenant Governor in Council may appoint a person as a judicial justice of the peace in accordance with this Part. Designation for purposes of Marriage Act (2) When appointing a person as a judicial justice of the peace under subsection (1), the Lieutenant Governor in Council may designate the person as a justice of the peace who may solemnize marriages under the Marriage Act R.S.P.E.I. 1988, Cap. M-3. Designation for purposes of Victims of Family Violence Act (3) When appointing a person as a judicial justice of the peace under subsection (1), the Lieutenant Governor in Council may designate the person as a justice of the peace who may hear and determine emergency protection applications pursuant to section 14 of the Victims of Family Violence Act R.S.P.E.I. 1988, Cap. V-3.2. c t Current to: August 1, 2023 Page 13 PART 4 – JUDICIAL JUSTICES OF THE PEACE Justice of the Peace Act Certificate of office (4) The Lieutenant Governor in Council shall issue a certificate to each judicial justice of the peace that (a) specifies the name and address of the judicial justice of the peace; (b) indicates whether the judicial justice of the peace is designated as a justice of the peace who may solemnize marriages under the Marriage Act; and (c) indicates whether the judicial justice of the peace is designated as a justice of the peace who may hear and determine emergency protection applications pursuant to section 14 of the Victims of Family Violence Act. Eligibility to be appointed (5) Subject to subsection (6), a person is eligible to be appointed as a judicial justice of the peace if the person (a) has been recommended for appointment as a judicial justice of the peace by the advisory committee under subsection 6(4); (b) is 18 years of age or older but not over the age of 70; and (c) ordinarily resides in the province at the time of the appointment. Persons who are ineligible for appointment (6) The following persons shall not be appointed or continue to serve as a judicial justice of the peace: (a) a sheriff, bailiff or any other person employed for the service or execution of documents in a civil proceeding; (b) a member of a police service; (c) a person who prosecutes provincial or federal offences; (d) a person who is employed by the Government or the Government of Canada to work in a penitentiary, correctional institution or correctional services; (e) a member of (i) the Legislative Assembly or the Parliament of Canada, or (ii) a council as defined in the Municipal Government Act R.S.P.E.I. 1988, Cap. M-12.1; (f) a sitting judge of the Provincial Court or Supreme Court; (g) a person who has attained the age of 70 years; or (h) a person who is employed as an administrative support person to a person referred to in clauses (a) to (f). Conditions on appointment (7) The Lieutenant Governor in Council may impose one or more conditions on the appointment of a person as a judicial justice of the peace, including a condition that limits the jurisdiction of the judicial justice of the peace to certain types of matters. Term of office (8) A person appointed as a judicial justice of the peace under subsection (1) holds office until the earlier of (a) the effective date of the person’s retirement, resignation from office or removal from office; or Page 14 Current to: August 1, 2023 t c PART 4 – JUDICIAL JUSTICES OF THE PEACE Justice of the Peace Act (b) the date on which the person attains the age of 70 years. Suspension, removal from office (9) The Lieutenant Governor in Council shall not suspend or revoke the appointment of a judicial justice of the peace, except (a) in accordance with an order of a tribunal under Part 6 that recommends the suspension or revocation, as the case may be; or (b) where the judicial justice of the peace has attained the age of 70 years but has not retired or resigned from office. Ineligibility (10) A judicial justice of the peace who becomes ineligible in accordance with subsection (6) to continue to serve as a judicial justice of the peace shall resign within 14 days. 2018,c.52,s.14. 15. Appointment of senior judicial justice of the peace (1) The Lieutenant Governor in Council may, on the recommendation of the Minister, after consultation with the Chief Judge, appoint a judicial justice of the peace as the senior judicial justice of the peace. Term of office (2) The senior judicial justice of the peace shall be appointed for a non-renewable term of five years. Effect of expiry of term (3) When the term of appointment for a senior judicial justice of the peace expires, he or she continues to be a judicial justice of the peace and may perform the duties of a judicial justice of the peace. Functions of senior judicial justice of the peace (4) The functions of a senior judicial justice of the peace include but are not limited to (a) assisting the Chief Judge with his or her responsibilities as described in subsection 16(1); (b) some or all of those matters described in subsection 16(1), where the Chief Judge has delegated those responsibilities to the senior judicial justice of the peace; and (c) the duties of a judicial justice of the peace, when directed to do so by the Chief Judge. 2018,c.52,s.15. 16. Authority of Chief Judge (1) The Chief Judge has responsibility for (a) general supervision of the conduct of judicial justices of the peace in matters that are assigned by law to justices of the peace; (b) providing general direction with respect to proceedings heard by judicial justices of the peace; and (c) the assignment of duties to judicial justices of the peace. c t Current to: August 1, 2023 Page 15 PART 4 – JUDICIAL JUSTICES OF THE PEACE Justice of the Peace Act Code of conduct (2) The Chief Judge may establish a code of conduct for judicial justices of the peace, including rules respecting conflict of interest. Guidelines (3) The Chief Judge may establish guidelines respecting (a) the conduct of a respondent that constitutes misconduct for the purposes of subsection 38(1); and (b) acts or omissions of a respondent that constitute incompetence for the purposes of subsection 38(2). Delegation (4) The Chief Judge may in writing delegate a responsibility described in subsection (1) to the senior judicial justice of the peace. Continuing education plan (5) The Chief Judge shall establish and implement a continuing education plan for judicial justices of the peace. Goals of continuing education (6) Continuing education of judicial justices of the peace has the following goals: (a) maintaining and developing professional competence in substantive and procedural law relating to the jurisdiction of the judicial justice of the peace, including, where the judicial justice of the peace is assigned to preside over the trial or sentencing of a person with respect to a sexual offence under the Criminal Code (Canada), education in sexual assault law that is comprised of instruction in evidentiary prohibitions, principles of consent, myths and stereotypes associated with sexual assault complainants, and the conduct of sexual assault proceedings; (b) maintaining and developing social awareness, including, but not limited to, education in racial and gender equity, and education in relation to issues affecting indigenous peoples; and (c) encouraging personal growth. Failure to comply with continuing education plan (7) The Chief Judge may, in establishing guidelines under subsection (3), provide direction that the failure of a judicial justice of the peace to comply with a continuing education plan under this section constitutes misconduct for the purposes of subsection 38(1). 2018,c.52,s.16. 17. Powers and duties Subject to any limitation placed on the jurisdiction in the appointment, a judicial justice of the peace has jurisdiction throughout the province to exercise the powers and perform the duties conferred or imposed on a justice of the peace by or under an enactment or federal legislation, including (a) enforcing the attendance of witnesses and compelling persons to produce evidence and give testimony under oath; (b) solemnizing marriages under the Marriage Act, where designated pursuant to that Act; (c) making protection orders under the Victims of Family Violence Act, where designated pursuant to section 14 of that Act; Page 16 Current to: August 1, 2023 t c PART 4 – JUDICIAL JUSTICES OF THE PEACE Justice of the Peace Act (d) conducting judicial interim release hearings; (e) issuing search warrants, authorizations and other orders that a justice is authorized to issue under an enactment, the Criminal Code (Canada) or other federal legislation; and (f) hearing and deciding a matter specified in the regulations. 2018,c.52,s.17. 18. Continuation of authority (1) A judicial justice of the peace who resigns or retires after starting to hear a matter remains seized of the matter after the effective date of the resignation or retirement until the matter is concluded or for a period of 12 weeks, whichever occurs first. Powers during holdover period (2) During the period referred to in subsection (1), the judicial justice of the peace may (a) continue to hear evidence and argument in the matter; (b) give judgment in the matter; and (c) make an order or do anything else in his or her jurisdiction to complete the matter, as if the judicial justice of the peace had not resigned or retired. 2018,c.52,s.18. 19. Rehearing of matter (1) Subject to the Criminal Code (Canada), the Chief Judge may set down a matter for a rehearing by another judicial justice of the peace where the judicial justice of the peace hearing the matter (a) dies or is suspended or removed from office, or a recommendation is made by a tribunal to remove him or her from office; or (b) the judicial justice of the peace hearing the matter resigns or retires and does not give judgment within the time allowed under subsection 18(1), or is appointed to the Provincial Court or a superior court. Hearing de novo (2) A rehearing of a matter referred to in subsection (1) shall be a hearing de novo. 2018,c.52,s.19. 20. Continuation of matter following judgment (1) Subject to the Criminal Code (Canada), the Chief Judge may set a matter down to be continued by another judicial justice of the peace where the judicial justice of the peace has given judgment in a matter, and (a) the judicial justice of the peace dies or is suspended or removed from office, or a recommendation is made by a tribunal to remove the judicial justice of the peace from office, before the matter is completed; or (b) the judicial justice of the peace hearing the matter resigns or retires, and does not complete the matter within the time allowed under subsection 18(1). Authority to complete matter (2) The judicial justice of the peace who continues a matter described in subsection (1) may make any order that is appropriate to complete the matter. 2018,c.52,s.20. c t Current to: August 1, 2023 Page 17 PART 5 – STAFF JUSTICE OF THE PEACE Justice of the Peace Act 21. Judicial justice of peace unable to complete matter (1) Subject to the Criminal Code (Canada), the Chief Judge may, after consulting with the parties to a matter, set a matter down for rehearing or to be continued by another judicial justice of the peace, as the case may be, where a judicial justice of the peace is unable to complete a matter for any reason not described in sections 19 and 20. Application of sections (2) Subsections 19(2) and 20(2), as the case may be, apply to a rehearing or continuance of a matter by the judicial justice of the peace who presides at the rehearing or continuance of the matter under subsection (1). 2018,c.52,s.21. PART 5 – STAFF JUSTICE OF THE PEACE 22. Appointment of staff justice of the peace (1) The Minister may appoint an employee of the Department or, on the request of the chief administrative officer of a municipality as defined in the Municipal Government Act R.S.P.E.I. 1988, Cap. M-12.1, an employee of the municipality, as a staff justice of the peace. Term of office (2) A staff justice of the peace appointed under subsection (1) holds office until (a) the person ceases to be employed by the Department or with the municipality, as the case may be; (b) the person ceases to perform the duties of a staff justice of the peace as part of his or her employment with the Department or with the municipality, as the case may be; or (c) the person’s appointment is revoked by the Minister under subsection (3). Removal from office (3) The Minister may revoke the appointment of a staff justice of the peace, after consulting with the Chief Judge. Applicable legislation (4) A staff justice of the peace (a) who is an employee of the Department is subject to the provisions of the Civil Service Act; and (b) who is an employee of a municipality is subject to the Municipal Government Act and the bylaws of the municipality, with respect to terms and conditions of employment. Persons who are ineligible for appointment (5) The following persons shall not be appointed or continue to serve as a staff justice of the peace: (a) a sheriff, bailiff or any other person employed for the service or execution of documents in a civil proceeding; (b) a member of a police service; (c) a person who prosecutes provincial or federal offences; (d) a person who is employed by the Government or the Government of Canada to work in a penitentiary, correctional institution or correctional services; Page 18 Current to: August 1, 2023 t c PART 6 – REVIEW OF FITNESS TO SERVE AS JUDICIAL JUSTICE OF THE PEACE Justice of the Peace Act (e) a member of (i) the Legislative Assembly or the Parliament of Canada, or (ii) a council as defined in the Municipal Government Act; (f) a person who has attained the age of 70 years; or (g) a person who is employed as an administrative support person to a person referred to in clauses (a) to (e). Conditions on appointment (6) The Minister may impose one or more conditions on the appointment of a person as a staff justice of the peace, including a condition that limits the jurisdiction of the staff justice of the peace to certain types of matters. 2018,c.52,s.22. 23. Powers, duties - Departmental employee (1) A staff justice of the peace who is an employee of the Department has jurisdiction throughout the province to exercise the non-adjudicative powers and perform the duties conferred or imposed on justices of the peace by or under an enactment or federal legislation, including (a) swearing an information with respect to an offence under an enactment or the Criminal Code (Canada) or other federal legislation; (b) setting a hearing date; (c) enforcing the attendance of witnesses and compelling persons to produce evidence and give testimony under oath; (d) swearing an oath, affidavit or declaration; (e) entering a guilty plea in respect of a ticket issued pursuant to a municipal bylaw, an enactment or federal legislation on proof of receipt of payment of the associated fine; (f) adjourning a matter on the consent of the parties to the matter; and (g) other duties specified in the regulations. Powers, duties - municipal employee (2) A staff justice of the peace who is an employee of a municipality has jurisdiction throughout the province (a) to enter a guilty plea in respect of a ticket issued pursuant to a municipal bylaw, on proof of receipt of payment of the associated fine; and (b) to swear an oath, affidavit or declaration. 2018,c.52,s.23. PART 6 – REVIEW OF FITNESS TO SERVE AS JUDICIAL JUSTICE OF THE PEACE 24. Complaint respecting judicial justice of peace (1) Any person may make a complaint to the Chief Judge alleging that a judicial justice of the peace is not fit to perform his or her duties or has engaged in misconduct. Making a complaint (2) A person may make a complaint under subsection (1) by (a) stating the complaint and the grounds for the complaint in writing; (b) signing the complaint; and c t Current to: August 1, 2023 Page 19 PART 6 – REVIEW OF FITNESS TO SERVE AS JUDICIAL JUSTICE OF THE PEACE Justice of the Peace Act (c) delivering the complaint to the Chief Clerk of the Provincial Court. 2018,c.52,s.24. 25. Provision of a copy of complaint (1) Within 30 days after the receipt of a complaint under section 24, the Chief Judge shall (a) provide to the respondent (i) a copy of the complaint, and (ii) written notice of the respondent’s right to submit a response to the complaint under subsection (2); and (b) notify the Minister of the complaint. Written response to complaint (2) A respondent may submit a response to a complaint to the Chief Judge within 30 days after being provided with a copy of the complaint under clause (1)(a). Service of response (3) The Chief Judge shall, immediately after the expiry of the period referred to in subsection (2), provide a copy of any response submitted under subsection (2) to the complainant. 2018,c.52,s.25. 26. Chief Judge to inquire (1) The Chief Judge, in respect of a complaint made under section 24, (a) shall inquire into the complaint to the extent that the Chief Judge determines is warranted; (b) may attempt to resolve the complaint informally if the Chief Judge determines informal resolution to be appropriate and not contrary to the public interest; and (c) shall report to the Minister, within 90 days of receiving the complaint, respecting status of the complaint and, if the complaint is not resolved at that time, provide further reports as requested by the Minister. Dismissal of complaint (2) The Chief Judge shall dismiss a complaint made under section 24 if the Chief Judge is of the opinion (a) that the complaint is frivolous, vexatious or without merit; or (b) that, where the complaint has been resolved or the complainant wishes no further action to be taken, dismissal is not contrary to the public interest. Notice of dismissal (3) On dismissing a complaint, the Chief Judge shall serve on the complainant, the respondent and the Minister written notice of and reasons for the dismissal. 2018,c.52,s.26. 27. Investigation (1) The Chief Judge shall order an investigation respecting the fitness or alleged misconduct of a judicial justice of the peace where the Chief Judge, whether a complaint is received under section 24 or not, considers that an investigation is advisable. Page 20 Current to: August 1, 2023 t c PART 6 – REVIEW OF FITNESS TO SERVE AS JUDICIAL JUSTICE OF THE PEACE Justice of the Peace Act Appointment of investigator (2) On making an order under subsection (1), the Chief Judge shall appoint an investigator to investigate the fitness of the judicial justice of the peace to perform his or her duties or the alleged misconduct, as the case may be. Referral to investigator (3) The Chief Judge shall refer a matter under subsection (1) to the investigator. 2018,c.52,s.27. 28. Scope of investigation (1) Within 30 days after referral of a matter to the investigator under subsection 27(3), the investigator shall initiate an investigation and consider (a) any complaint submitted under section 24; (b) any information provided by the Chief Judge with respect to the fitness or alleged misconduct of the judicial justice of the peace; and (c) any information submitted by the respondent. Powers of investigator (2) For the purposes of an investigation, an investigator may (a) require to be produced for inspection, or for the purpose of obtaining copies or extracts, any record or document that the investigator considers relevant to the investigation; and (b) question any person whose information the investigator considers relevant to the investigation. Written report (3) After completing the investigation, the investigator shall, within 60 days, prepare a written report of his or her findings and submit it to the Chief Judge and the Minister. 2018,c.52,s.28. 29. Power of Chief Judge (1) The Chief Judge shall, after consideration of an investigation report submitted under subsection 28(3), (a) dismiss the complaint if, in the opinion of the Chief Judge, (i) the allegations are frivolous, vexatious or without merit, or (ii) there is insufficient evidence to support a finding that the respondent is not fit or has engaged in misconduct; (b) take any corrective action that the Chief Judge considers necessary using the powers of the Chief Judge under this Act; or (c) request that the Lieutenant Governor in Council order an inquiry. Notice to Minister (2) Where the Chief Judge does not order an inquiry committee under clause (1)(c), the Chief Judge shall notify the Minister of that decision. Notification by Chief Judge (3) Where a request is made under clause (1)(c) that the Lieutenant Governor in Council order an inquiry, the Chief Judge shall give written notice to the complainant and the respondent of the c t Current to: August 1, 2023 Page 21 PART 6 – REVIEW OF FITNESS TO SERVE AS JUDICIAL JUSTICE OF THE PEACE Justice of the Peace Act time and place of the inquiry as soon as practicable after the Lieutenant Governor in Council issues the order. Notice of resolution of complaint (4) Where the Chief Judge has not made a request under clause (1)(c), the Chief Judge shall give written notice to the complainant and the respondent of the resolution of the matter as soon as practicable. Order for inquiry (5) The Lieutenant Governor in Council may order an inquiry into the fitness or alleged misconduct of a respondent under this Part on receiving a request from the Chief Judge under clause (1)(c). 2018,c.52,s.29. 30. If inquiry is ordered, election (1) Within 14 days of being notified that an inquiry has been ordered under subsection 29(5), the respondent shall elect as a tribunal to conduct the inquiry either (a) an inquiry committee; or (b) a judge of a superior court to be designated by the Chief Justice of the Supreme Court. Result of failure to elect (2) If the respondent fails to make an election within the period referred to in subsection (1), the inquiry committee is the tribunal. Report to be provided to tribunal legal counsel (3) After the tribunal is constituted, the Chief Judge shall give the tribunal and any legal counsel retained under subsection 35(4) a copy of the report prepared by the investigator under subsection 28(3). Report to respondent (4) The tribunal shall ensure that a copy of the report referred to in subsection (3) is provided to the respondent and the respondent’s legal counsel, if any. Suspension of respondent when inquiry ordered (5) Where an inquiry is ordered, the respondent is suspended from all duties as a judicial justice of the peace pending completion of the matter. 2018,c.52,s.30. 31. Confidentiality of report (1) Subject to subsection (2), a copy of the report prepared by the investigator that is received by a member of a tribunal, the respondent or the legal counsel referred to in subsections 30(3) or (4) is confidential, and shall not be disclosed by the person except in the performance of his or her duties under this Act or as provided in section 41. Disclosure permitted (2) Information contained in the report of the investigator may be disclosed (a) where the person to whom it relates consents in writing to the disclosure, to the persons specified and for the purpose of the inquiry; (b) to a person employed by the tribunal for the purposes of administering this Part; and Page 22 Current to: August 1, 2023 t c PART 6 – REVIEW OF FITNESS TO SERVE AS JUDICIAL JUSTICE OF THE PEACE Justice of the Peace Act (c) to legal counsel, for the purposes of seeking legal advice respecting, or participating in, an inquiry under this Part. 2018,c.52,s.31. 32. Composition of inquiry committee (1) The Lieutenant Governor in Council may appoint an inquiry committee as a tribunal, composed of (a) a chairperson who is a judge, designated by the Chief Judge; (b) a judicial justice of the peace, designated by the Chief Judge; (c) one person who is a member of the Law Society of Prince Edward Island, designated by the Council of the Law Society;

and (d) two persons to represent the public, who may not be (i) a current or former judge of the Provincial Court or a judge of a superior court, or (ii) a current or former member of the bar of a province or territory of Canada. Quorum (2) Three members of the inquiry committee, one of whom shall be a public representative, constitute a quorum. Conflict of interest of member of inquiry committee (3) A member of the inquiry committee who has a conflict of interest in respect of a matter that is before the committee shall (a) immediately disclose the nature of the conflict of interest to the inquiry committee; and (b) refrain from attempting to influence the disposition of the matter or participating in consideration of the matter. 2018,c.52,s.32. 33. Judge of superior court as tribunal Where the respondent has elected a judge of a superior court as the tribunal under clause 30(1)(b), the Lieutenant Governor in Council shall appoint a judge of a superior court designated by the Chief Justice of the Supreme Court as the tribunal. 2018,c.52,s.33. 34. Scope of inquiry In conducting an inquiry, the tribunal may consider all matters related to a respondent that are relevant to the fitness of the respondent to perform his or her duties as a judicial justice of the peace, including but not limited to (a) mental or physical disability; (b) misconduct; (c) failure in the execution of his or her office; and (d) conduct incompatible with the due execution of his or her office. 2018,c.52,s.34. 35. Inquiry by tribunal (1) Where a complaint or matter has been referred to a tribunal, the tribunal shall (a) inquire into the complaint or matter by holding a hearing as soon as practicable; and (b) conduct its proceedings in accordance with the rules of natural justice. c t Current to: August 1, 2023 Page 23 PART 6 – REVIEW OF FITNESS TO SERVE AS JUDICIAL JUSTICE OF THE PEACE Justice of the Peace Act Notice to respondent (2) The tribunal shall give the respondent (a) reasonable notice of the time and place of the hearing; (b) particulars of the matter being inquired into; and (c) the opportunity, in person or by counsel, to be heard, to cross-examine witnesses and to adduce evidence. Notice to complainant, Minister (3) The tribunal shall give the complainant and the Minister (a) reasonable notice of the time and place of the hearing; and (b) particulars of the matter being inquired into. Legal counsel for hearing (4) For the purposes of a hearing, the inquiry tribunal may retain legal counsel and determine legal counsel’s remuneration, which shall be paid by the Government of Prince Edward Island. Resignation of respondent (5) Where a respondent resigns after an investigation has been completed under section 28 or an inquiry has been ordered by the Lieutenant Governor in Council, the investigation or inquiry shall be completed unless the Minister orders otherwise. Hearing in absence of respondent (6) Where the respondent fails to appear at a hearing after being served with notice in accordance with subsection (2), the tribunal may proceed with the hearing in the absence of the respondent and make any decision, determination or order as if the respondent were in attendance. Inquiry to be public (7) An inquiry under this Act shall be held in public unless the tribunal considers that the inquiry or any part of it should be held in private because (a) the interests of a person other than the respondent may be detrimentally affected if the hearing, or part of the hearing, is not held in private; (b) the desirability of avoiding public disclosure of financial, personal or other matters in the interest of a person affected or in the public interest outweighs the desirability of adhering to the principle that inquiries be open to the public. Protection of identity of witness (8) A tribunal may, on the request of a witness whose testimony or evidence is of a confidential or personal and sensitive nature, order that no person publish the identity of the witness or any information that could disclose the identity of the witness. 2018,c.52,s.35. 36. Power to compel attendance, production (1) For the purposes of conducting an inquiry under this Act, a tribunal may order a person to do either or both of the following: (a) attend, in person or by electronic means, before the tribunal to give evidence on oath or affirmation or in any other manner; (b) produce for the tribunal a record or thing in the person’s possession or control. Page 24 Current to: August 1, 2023 t c PART 6 – REVIEW OF FITNESS TO SERVE AS JUDICIAL JUSTICE OF THE PEACE Justice of the Peace Act Service of order (2) An order under subsection (1) shall be in the form of a summons, served on the person by personal delivery or registered mail to the person’s last known address. Power to enforce summons, punish for contempt (3) A tribunal may make an order finding a person to be in contempt, and may impose a fine on or commit the person for contempt, if the person has been served with a summons under this section and fails or refuses to (a) attend before the tribunal; (b) take an oath or make an affirmation; (c) answer questions at the inquiry; or (d) produce records or things in the person’s possession or control. Failure of respondent to comply (4) Where a respondent fails to comply with a summons issued by a tribunal or a member of the tribunal, or refuses to answer a question under oath or affirmation that was directed to be answered by the tribunal or a member of the tribunal, the failure or refusal may be held by the tribunal to be grounds for finding that the respondent is not fit to carry out the duties of a justice of the peace. 2018,c.52,s.36. 37. Power of tribunal at inquiry (1) A tribunal (a) may do all things necessary to provide a full and proper hearing in respect of a matter; (b) may deal with multiple matters concerning a respondent severally or in combination; and (c) may hear any matter in addition to the matter before the tribunal that arises in the course of its proceedings and that may demonstrate, in respect of the respondent, whether the respondent is fit to carry out the duties of a judicial justice of the peace. Opportunity to respond (2) Where a tribunal hears an additional matter referred to in clause (1)(c), the tribunal shall give the respondent a reasonable opportunity to respond to the matter. Rules of evidence (3) A tribunal is not bound by strict rules of evidence or the provisions of the Evidence Act R.S.P.E.I. 1988, Cap. E-11. 2018,c.52,s.37. 38. Fitness to carry out duties, misconduct (1) A respondent may be found unfit to carry out the duties of a judicial justice of the peace if (a) the respondent is found by a tribunal to have contravened this Act, the regulations, a direction of the chief judge or the code of conduct referred to in subsection 16(2) in a manner that, in the opinion of the tribunal, relates to the respondent’s suitability to carry out the duties of a judicial justice of the peace; (b) the respondent has been found guilty of an offence that, in the opinion of the tribunal, relates to the respondent’s suitability to carry out the duties of a justice of the peace; c t Current to: August 1, 2023 Page 25 PART 6 – REVIEW OF FITNESS TO SERVE AS JUDICIAL JUSTICE OF THE PEACE Justice of the Peace Act (c) the respondent refuses or fails to cooperate fully in respect of the investigation or hearing of a matter under this Act; (d) the respondent contravenes an order made under this Act; or (e) the conduct of the respondent constitutes misconduct as set out in the guidelines established by the Chief Judge under subsection 16(3). Incompetence (2) A respondent may be found unfit to carry out the duties of a judicial justice of the peace by reason of incompetence where, in the opinion of the tribunal, (a) the conduct of the respondent does not demonstrate the knowledge, skill or judgment expected of a judicial justice of the peace; (b) the respondent is unable to carry out the duties of a judicial justice of the peace for any reason, including that the respondent is impaired by illness, addiction or other incapacity; or (c) the conduct of the respondent constitutes incompetence as set out in the guidelines established by the Chief Judge under subsection 16(3). 2018,c.52,s.38. 39. Determination of tribunal (1) On concluding a hearing, a tribunal shall determine whether or not the respondent is fit to carry out the duties of a judicial justice of the peace. Order (2) A tribunal may make one or more of the following orders: (a) an order directing the respondent to undergo additional education or training; (b) an order directing the respondent to participate in counselling or a rehabilitative treatment program; (c) an order reprimanding the respondent; (d) an order recommending that the Lieutenant Governor in Council impose terms and conditions on the appointment of the respondent; (e) an order recommending that the Lieutenant Governor in Council order a suspension of the appointment of the respondent for a specified period of time or until the occurrence of a specified future event; (f) an order recommending that the Lieutenant Governor in Council revoke the appointment of the respondent; (g) an order imposing any other sanction that the tribunal considers to be appropriate. Service of notice of determination and order (3) Within 60 days after the completion of a hearing, the tribunal shall serve (a) written notice of and reasons for the determination made under subsection (1), and a copy of any order made under subsection (2), on (i) the respondent, (ii) the complainant, if any, (iii) the Chief Judge, and (iv) the Minister; and Page 26 Current to: August 1, 2023 t c PART 6 – REVIEW OF FITNESS TO SERVE AS JUDICIAL JUSTICE OF THE PEACE Justice of the Peace Act (b) written notice of the right to appeal the determination made under subsection (1), and any order made under subsection (2), on the respondent. Order in effect when served (4) An order of a tribunal is in effect when it is served on the respondent and remains in effect pending an appeal unless the Supreme Court, on application, stays the order pending the outcome of the appeal. Failure to comply with order (5) Where the Chief Judge is satisfied that a respondent has failed to comply with an order of a tribunal, the Chief Judge may, without a further hearing, make an order suspending the respondent subject to any terms and conditions that the Chief Judge considers appropriate. Service of order (6) Where the Chief Judge makes an order under subsection (5), the Chief Judge shall serve a copy of the order and reasons for the order on the respondent. Order in effect when served (7) An order made by the Chief Judge under subsection (5) is in effect when it is served on the respondent. 2018,c.52,s.39. 40. Right of respondent to appeal (1) A respondent may appeal (a) a determination of a tribunal made under subsection 39(1); or (b) an order of a tribunal made under subsection 39(2), to the Court of Appeal within 30 days after being served with notice of the determination or a copy of the order. Notice of appeal (2) Notice of an appeal under subsection (1) shall be served on the Chief Judge and the Minister. Decision of Court of Appeal (3) On hearing an appeal, the Court of Appeal may (a) confirm, revoke or vary the determination or order appealed from; (b) refer the matter, or any issue, back to the tribunal for further consideration; or (c) provide any direction that it considers appropriate. Costs of appeal (4) The Court of Appeal may make any order that it considers appropriate as to the costs of an appeal. 2018,c.52,s.40. c t Current to: August 1, 2023 Page 27 PART 7 - GENERAL Justice of the Peace Act PART 7 - GENERAL 41. Confidentiality of information (1) All information acquired by a person in relation to any person or matter under this Act, whether of a documentary nature or otherwise, is confidential to the extent that its release would tend to reveal personal information about a person identifiable from the release of the information. Consent for release of information (2) No person who received confidential information under this Act shall permit the release of the information to any person without the consent of the person from whom the information was obtained and the person to whom the information relates. Release without consent (3) Notwithstanding subsection (2), a person may permit the release of confidential information without the consent of the person from whom the information was obtained or the person to whom the information relates (a) to a Minister of the Crown or his or her servant; or (b) if the release is otherwise provided for under this Act. Freedom of Information and Protection of Privacy Act (4) This section prevails notwithstanding the Freedom of Information and Protection of Privacy Act R.S.P.E.I. 1988, Cap. F-15.01. 2018,c.52,s.41. 42. Service of documents A document to be served or given to a person under this Act for which no other method of service is specified may be served (a) by personal delivery to the person to whom it is directed; (b) by sending it by registered mail to the person’s last known address; or (c) by another method authorized by the Chief Judge. 2018,c.52,s.42. 43. Protection from liability No action for damages or other legal proceedings lies or shall be instituted against the Minister, the Chief Judge, a justice of the peace, the advisory committee or any member of the advisory committee, the Commission or any member of the Commission, a tribunal or any member of a tribunal, an investigator or any other person acting under the authority of this Act or the regulations for anything done or omitted to be done in good faith in the exercise or intended exercise of a function under this Act or the regulations. 2018,c.52,s.43. 44. Oaths or affirmations of office (1) Every justice of the peace shall, on his or her appointment, and before commencing his or her duties as a justice of the peace, take and subscribe, before the Chief Judge or, in his or her absence, a judge of the Provincial Court, the following oaths or affirmations of office: (a) I, ………, do swear [or affirm] that I will truly and faithfully, according to my skill and knowledge, execute the several duties, powers and trusts reposed in me as a justice of the peace; and Page 28 Current to: August 1, 2023 t c PART 7 - GENERAL Justice of the Peace Act (b) I, ………, do solemnly promise and swear [or affirm] that I will be faithful and bear true allegiance to Her (or His) Majesty (naming the reigning sovereign for the time being), her (or his) heirs and successors. Transmittal to Clerk of Executive Council (2) The oath or affirmation of office and oath or affirmation of allegiance, when taken and subscribed, shall be transmitted immediately to the Clerk of Executive Council. 2018,c.52,s.44. 45. Offences (1) A person shall not wilfully (a) disclose confidential information in contravention of section 41; (b) make a false statement to or mislead or attempt to mislead the Chief Judge, an investigator, a tribunal or member of a tribunal or any other person in the performance of their respective functions under this Act; (c) obstruct the Chief Judge, an investigator, a tribunal or member of a tribunal or any other person in the performance of their respective functions under this Act; (d) destroy any records requested by an investigator, a tribunal or member of a tribunal, or direct another person to do so, with the intent to evade the request; or (e) alter, falsify or conceal any record, or direct another person to do so, with the intent to evade a request by an investigator, a tribunal or tribunal member for access to the record. Penalty (2) A person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine of not more than $10,000. 2018,c.52,s.45. 46. Regulations The Lieutenant Governor in Council may make regulations (a) prescribing the statutes, the regulations and the bylaws of municipalities or any part of them in respect of which a judicial justice of the peace may hear, try and determine a complaint or information; (b) prescribing duties that shall not be assigned to a justice of the peace; (c) governing and restricting the jurisdiction and powers of justices of the peace; (d) prescribing fees to be paid for each proceeding or specified service; (e) requiring and governing the making of returns and reports by justices of the peace; (f) governing the remission of fines, penalties, forfeitures or other sums of money; (g) respecting the remuneration to be paid to justices of the peace; (h) respecting the remuneration to be paid to judicial justices of the peace who sit part- time and full-time; (i) respecting the remuneration to be paid to investigators and members of a tribunal appointed under this Act; (j) establishing categories or classes of judicial justices of the peace; (k) prescribing the powers, duties and functions of a category or class of judicial justice of the peace; c t Current to: August 1, 2023 Page 29 PART 8 – TRANSITIONAL MATTERS Justice of the Peace Act (l) respecting rules of court governing the operation and conduct of a court presided over by a judicial justice of the peace; (m) respecting the duties, responsibilities and functions of justices of the peace; (n) respecting factors to be considered by the Judicial Justice of the Peace Remuneration Review Commission for the purposes of section 11; (o) respecting the Judicial Justice of the Peace Remuneration Review Commission, including (i) providing for the administration of the Commission, and (ii) respecting the procedures to be followed by the Commission in carrying out its inquiry and making recommendations; (p) respecting the Judicial Justice of the Peace Advisory Committee, including (i) providing for the administration of the Committee, and (ii) respecting the procedures to be followed by the Committee in assessing candidates and making recommendations; (q) respecting inquiries under Part 6, including (i) providing for the administration of a tribunal, (ii) respecting procedures to be followed by, the conduct of hearings by and the rendering of decisions by a tribunal, and (iii) respecting the form, manner and procedures with respect to an inquiry; (r) respecting any matter necessary and advisable to carry out effectively the intent and purposes of this Act. 2018,c.52,s.46. PART 8 – TRANSITIONAL MATTERS 47. Definition - “former Act” (1) In this section and section 48, “former Act” means the Provincial Court Act. Appointment under former Act (2) Subject to subsections (3), (5) and (6), on the coming into force of this section, the appointment under the former Act of a person who is not an employee of the Department or a municipality as a justice of the peace that was in effect on the coming into force of this section is continued as an appointment of the person as a judicial justice of the peace under this Act. Restriction on appointment (3) The continuation of appointment of a person referred to in subsection (2) who does not meet the eligibility criteria specified in subsection 4(2) of this Act is restricted to (a) the solemnization of marriage, if the person’s appointment under the former Act designated the person as a justice of the peace who may solemnize marriages under the Marriage Act; (b) the hearing and determination of emergency protection applications, if the person’s appointment under the former Act designated the person as a justice of the peace who may hear and determine emergency protection applications pursuant to section 14 of the Victims of Family Violence Act; and (c) the matters specified in section 23(1) of this Act. Page 30 Current to: August 1, 2023 t c Part 9 - CONSEQUENTIAL AMENDMENTS Justice of the Peace Act Same (4) Subject to subsection (5), on the coming into force of this section, an appointment as a justice of the peace under the former Act that was in effect on the coming into force of this section of a person (a) who is an employee of the Department is continued as an appointment of the person as a staff justice of the peace under this Act, with jurisdiction as set out in subsection 23(1); and (b) who is an employee of a municipality is continued as an appointment of the person as a staff justice of the peace with jurisdiction as set out in subsection 23(2). Conditions on continuation (5) The Minister may, in consultation with the Chief Judge, (a) impose any additional conditions on the continued appointment of any person as a judicial justice of the peace, including conditions that restrict the type of matters that the person may hear or consider; and (b) may remove a condition imposed under clause (a). Term (6) An appointment of a person as a justice of the peace under the former Act that is continued under this section as an appointment of a judicial justice of the peace expires as specified in the original appointment. 2018,c.52,s.47. 48. Investigations, inquiries, hearings On the coming into force of this section, an investigation, inquiry or hearing in respect of the fitness of a justice of a peace to carry out his or her duties that was commenced under the former Act prior to and not concluded on the coming into force of this section shall be continued in accordance with the law as it existed immediately before the coming into force of this Act. 2018,c.52,s.48. PART 9 - CONSEQUENTIAL AMENDMENTS 49. to 81 (These sections make consequential amendments to other Acts. The amendments have been incorporated into those Acts.) s.75 - repealed by 2019,c.9,s.11(1) [Aug. 1/23] 82. Repeal The Act to Amend the Provincial Court Act S.P.E.I. 2017, Cap. 70, is repealed. 2018,c.52,s.82. c t Current to: August 1, 2023 Page 31