Bill 13 — Second Session, 27Th Legislature, 58 Elizabeth Ii the Legislative Assembly of Alberta Bill 13 Justice of the Peace Amendment Act, 2009 (Legislature 27, Session 2)

L27 S2 718

Alberta — Bills

2009 Bill 13 Second Session, 27th Legislature, 58 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 13 JUSTICE OF THE PEACE AMENDMENT ACT, 2009 THE MINISTER OF JUSTICE AND ATTORNEY GENERAL First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 13 BILL 13 2009 JUSTICE OF THE PEACE AMENDMENT ACT, 2009 ( A s s e n t e d t o , 2 0 0 9 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends RSA 2000 cJ-4 1 The Justice of the Peace Act is amended by this Act. 2

Section 1 is amended (

a) by repealing clause (

d) and substituting the following: (d) “presiding justice of th e peace” means a justice of the peace who is designated under

section 4(2) or under

section 7.1(6) as a presiding justice of the peace; (

b) by repealing clause (

e) and substituting the following: (e) “sitting justice of the peace” means a justice of the peace who is designated under

section 4(2) or under

section 7.1(6) as a sitting justice of the peace. 3

Section 4(5)(

f) is amended by adding “subject to

section 7.1(1),” before “a person who”.

1 Explanatory Notes Explanatory Notes 1 Amends

chapter J-4 of the Revised Statutes of Alberta 2000. 2

Section 1 presently reads in part: 1 In this Act, (d) “presiding justice of the peace” means a justice of the peace who is designated as a presiding justice of the peace under

section 4(2); (e) “sitting justice of the peace” means a justice of the peace who is designated as a sitting justice of the peace under

section 4(2). 3

Section 4(5)(

f) presently reads:

(5) The following are not eligible to be appointed or to remain as justices of the peace appointed under this section: (

f) a person who is 70 years of age or older.

2 4

Section 7 is amended (

a) in subsection (1) by striking out “section 4(6)” and substituting “sections 4(6) and 7.1(1)”; (

b) in subsection (2) by adding “except in accordance with

section 7.1” after “extended”. 5 The following is added after

section 7: Reappointment of justices of the peace 7.1(1) A justice of the peace appointed under

section 4(1) may, if the justice of the peace is not disqualified under

section 4(5)(

a) to (e), be reappointed as a justice of the peace in accordance with this section.

(2) Where a justice of the peace referred to in subsection (1) is approaching the age of 70 years but the term of appointment of that justice of the peace under

section 7(1) has not expired, the Chief Judge may request that the Lieutenant Governor in Council reappoint the justice of the peace for a term of one year.

(3) Where a justice of the peace has been reappointed under this section, the Chief Judge may request that the Lieutenant Governor in Council reappoint that person for a term of one year.

(4) The Chief Judge may request the reappointment of a justice of the peace under this

section if (

a) the Chief Judge determines that the reappointment will enhance the efficient and effective administration of the Court, and (

b) the request is made in acc ordance with and subject to the criteria established by the Chief Judge and approved by the Judicial Council.

(5) Where the Chief Judge requests under subsection (2) or (3) that the Lieutenant Governor in Council reappoint a justice of the peace for a term of one year, the Lieutenant Governor in

2 Explanatory Notes 4

Section 7 presently reads in part: 7(1) Subject to

section 4(6), a justice of the peace appointed under

section 4(1) holds office for 10 years and may be removed from office only in accordance with

Part 6 of the Judicature Act.

(2) An appointment referred to in subsection (1) may not be renewed or extended. 5 Reappointment of justices of the peace.

3 Council shall, subject to subsection (7), reappoint that justice of the peace for a term of one year.

(6) Subject to

section 4(3) and (4), a justice of the peace reappointed under this

section must be designated as a sitting justice of the peace or as a presiding justice of the peace, and as a full-time or part-time justice of the peace, consistent with the initial designation of that justice of the peace.

(7) A justice of the peace shall be reappointed under this

section only if (

a) a request for reappointment has been made under subsection (2) or (3), (

b) the justice of the peace in respect of whom the request has been made has consented to the reappointment, and (

c) the justice of the peace ha s not attained the age of 75 years.

(8) A justice of the peace who has been reappointed under this

section may, subject to subsection (7), be reappointed under subsection (5) for further terms of one year until 10 years has elapsed from the date on which the justice of the peace was appointed under

section 4(1).

(9) Notwithstanding anything in this section, a term of reappointment of a justice of the peace who is reappointed under this

section expires when (

a) the justice of the peace atta ins the age of 75 years, or (b) 10 years has elapsed from the date on which the justice of the peace was appointed under

section 4(1), whichever occurs first.

(10) Subject to

Part 6 of the Judicature Act, no justice of the peace reappointed under this

section may be removed from office before the expiry of the justice of the peace’s term.

3 Explanatory Notes

4 6

Section 10(1) is amended by adding “or reappointed under

section 7.1” after “section 4”.

4 Explanatory Notes 6

Section 10(1) presently reads: 10(1) This

section applies only to justices of the peace appointed under

section 4.

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2009 (27th, 2nd) Bill 13, Justice of the Peace Amendment Act, 2009

Document details

Collection	Alberta — Bills
Citation	L27 S2 718
Type	bill
Volume / chapter	L27 S2 718
Language	en
Format	json
Source	PROVINCIAL
Identifier	8c25358cee78ee0990e1ad781bccf16cafa71fb5

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