First Session, 45th General Assembly

53 Elizabeth II, 2004

BILL 49

AN ACT TO REVISE VARIOUS ACTS OF THE PROVINCE WITH RESPECT TO CERTAIN FUNCTIONS OF JUSTICES OF THE PEACE

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE THOMAS W. MARSHALL, QC

Minister of Justice and Attorney General

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This omnibus Bill would amend

numerous provincial statutes and regulations to transfer judicial functions

currently performed by Justices of the Peace, except those related to ticketing,

to Provincial Court Judges.

A BILL

AN ACT TO REVISE VARIOUS ACTS OF THE

PROVINCE WITH RESPECT TO CERTAIN FUNCTIONS OF JUSTICES OF THE PEACE

Analysis

Short title

Aquaculture Act

Automobile Dealers Act

City of St. John's Act

Collections Act

Communicable Diseases Act

Consumer Protection Act

Consumer Reporting Agencies Act

Dangerous Goods Transportation Act

Degree Granting Act

Endangered Species Act

Fatalities Investigations Act

Financial Corporations Capital Tax Act

Fish Inspection Act

Food and Drug Act

Gasoline Tax Act

Health and Post-Secondary Education Tax

Act

Human Rights Code

Insurance Adjusters, Agents and Brokers

Act

Judicature Act

Labour Standards Act

Law Society Act, 1999

Liquor Control Act

Liquor Corporation Act

Mining and Mineral Rights Tax Act, 2002

Mortgage Brokers Act

Occupational Health and Safety Act

Offshore Area Corporate Income Tax Act

Pension Benefits Act, 1997

Petroleum Products Act

Plant Protection Act

Poultry and Poultry Products Act

Prepaid Funeral Services Act

Provincial Offences Act

Quarry Materials Act, 1998

Real Estate Trading Act

Recording of Evidence Act

Residential Tenancies Act, 2000

Retail Sales Tax Act

Royal Newfoundland Constabulary

Act, 1992

Salvage Dealers Licensing Act

Shops' Closing Act

Stock Savings Tax Credit Act

Tobacco Tax Act

Trade Practices Act

Vegetable Grading Act

Venture Capital Act

Wild Life Act

49. CNLR 1161/96 Amdt.

50. CNLR 1081/96 Amdt.

NLR 2/99 Amdt.

52. Rules of the Supreme Court, 1986 Amdt.

53. NLR 59/03 Amdt.

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Justices of the

Peace Amendment Act .

RSNL1990 cA-13 as

amended

(1) Subsection 13.1(2) of the Aquaculture Act is amended by deleting

the words "or justice of the peace".

(2) Subsection 13.1(3) of the Act is amended by

deleting the words "or justice of the peace".

RSNL1990 cA-21 as

amended

3. Subsection 22(4) of the Automobile Dealers Act is amended by deleting the words "or

justice of the peace".

RSNL1990 cC-17 as

amended

Section 48 of the City of St. John's Act is repealed and the following substituted:

Interference or

destruction

(1) Where

a person wilfully or maliciously hinders or interrupts the contractors,

employees or agents of the council in the exercise of the powers and

authorities under this Act or where a person wilfully or maliciously puts out

of order, injures or destroys a pipe, work or material of the council, the

offender on conviction in a

summary manner before a provincial court judge

shall forfeit a sum not exceeding $20, with costs of suit and shall by, upon

the order of the judge, all damage so occasioned by him or her and in default

of payment is liable to imprisonment for a period not exceeding 3 months.

(2) A person who witnesses the commission of an

offence referred to in subsection (1) may apprehend without warrant the offender

and to convey him or her before a provincial court judge, to be dealt with in

the manner provided in subsection (1).

RSNL1990 cC-22 as

amended

5. Subsection 9(4) of the Collections Act is amended by deleting the words "or justice

of the peace".

RSNL1990 cC-26 as

amended

6. Subsection 13(3) of the Communicable Diseases Act is amended by deleting the words "or

justice of the peace".

RSNL1990 cC-31 as

amended

7. Subsection 6(4) of the Consumer Protection Act is amended by deleting the words "or

justice of the peace".

RSNL1990 cC-32 as

amended

8. Subsection 7(4) of the Consumer Reporting Agencies Act is amended by deleting the words

"or justice of the peace".

RSNL1990 cD-1

as amended

9. Subsection 14(2) of the Dangerous Goods Transportation Act is amended by deleting the words

"or justice of the peace".

RSNL1990 cD-5

as amended

10. Subsection 6(3) of the Degree Granting Act is amended by deleting the words "or

justice of the peace".

SNL2001 cE-10.1

11. Subsection 34(2) of the Endangered Species Act is amended by deleting the words "or

justice of the peace".

SNL1995 cF-6.1

as amended

12. Subsection 12(4) of the Fatalities Investigations Act is amended by deleting the words

"or justice of the peace".

RSNL1990 cF-9

as amended

13 . Subsection 32(1) of the Financial Corporations Capital Tax Act

is amended by deleting the words "or justice of the peace".

RSNL1990 cF-12

as amended

14. Subsection 9(2) of the Fish Inspection Act is amended by deleting the words "or

justice of the peace".

RSNL1990 cF-21

as amended

15. Subsection 6(2) of the Food and Drug Act is amended by deleting the words "or justice

of the peace".

RSNL1990 cG-1

as amended

16. Subsection 43(4) of the Gasoline Tax Act is amended by deleting the words "or justice

of the peace".

RSNL1990 cH-1

as amended

17. Subsection 18(1) of the Health and Post-Secondary Education Tax Act is amended by deleting

the words "or justice of the peace".

RSNL1990 cH-14 as

amended

18. Subsection 22(3) of the Human Rights Code is amended by deleting the words "or justice

of the peace".

RSNL1990 cI-9

as amended

19. Subsection 43(3) of the Insurance Adjusters, Agents and Brokers Act is amended by deleting

the words "or justice of the peace".

RSNL1990 cJ-4

as amended

Section

40 of the Judicature Act is repealed.

RSNL1990 cL-2

as amended

21. Subsection 64(3) of the Labour Standards Act is amended by deleting the words "or

justice of the peace".

SNL1999 cL-9.1

as amended

22. Paragraph 76(1)(

c) of the Law Society Act, 1999 is amended by deleting the words "or

Justice of the Peace".

RSNL1990 cL-18 as

amended

23. (1) Subsection 18(3) of the Liquor Control Act is amended by

deleting the words "or justice of the peace".

(2) Subsection 89(2) of the Act is amended by

deleting the words "or justice of the peace".

RSNL1990 cL-19 as

amended

24. Subsection 50(2) of the Liquor Corporation Act is repealed and the following is

substituted:

(2) A Provincial Court judge or the board, when a

riot or tumult happens, or is likely to happen, may order a liquor store, liquor

agency or premises in respect of which an existing licence has been issued under

the Liquor Control Act to be closed.

SNL2002 cM-16.1

25. Subsection 19(1) of the Mining and Mineral Rights Tax Act, 2002 is amended by deleting the

words "or justice of the peace".

RSNL1990 cM-18 as

amended

26. Subsection 7(4) of the Mortgage Brokers Act is amended by deleting the words "or

justice of the peace".

RSNL1990 cO-3

as amended

27. Subsection 26.1(2) of the Occupational Health and Safety Act is amended by deleting the words

"or a justice of the peace".

RSNL1990 cO-6

as amended

28. Subsection 11(2) of the Offshore Area Corporate Income Tax Act is amended by deleting the words

"or justice of the peace".

SNL1996 cP-4.01

as amended

29. Subsection 7(3) of the Pension Benefits Act, 1997 i s amended by deleting the words

"or justice of the peace".

SNL2001-cP-10.1

as amended

30. Subsection 14(2) of the Petroleum Products Act is amended by deleting the words "or a

justice of the peace".

RSNL1990 cP-16

as amended

31. Subsection 8(2) of the Plant Protection Act is amended by deleting the words "or

justice of the peace".

RSNL1990 cP-18

as amended

32. Subsection 9(2) of the Poultry and Poultry Products Act is amended by deleting the words

"or justice of the peace".

SNL2000-cP-18.1

as amended

33. Subsection 13(2) of the Prepaid Funeral Services Act is amended by deleting the words

"or a justice of the peace".

SNL1995 cP-31.1

as amended

34. Paragraph 2(1)(

c) of the Provincial Offences Act is repealed and the following substituted:

(c) "judge" means a Provincial Court

judge, and for the purpose of subsection 14(8),

section 20, subsections 21(6),

22(2), 23(1), 23(3), paragraphs 26(1)(

c) and 28(a), and subsections 30(1) and

51(1) includes a justice of the peace under the Justices Act ;

SNL1998 cQ-1.1

35. Subsection 16(2) of the Quarry Materials Act, 1998 is amended by deleting the words

"or justice of the peace".

RSNL1990 cR-2

as amended

36. Subsection 30(3) of the Real Estate Trading Act is amended by deleting the words "or

justice of the peace".

RSNL1990 cR-7

as amended

37. Paragraph 2(a.1) of the Recording of Evidence Act is amended by adding a comma immediately

after the words " Provincial

Court " and by

deleting the words and comma "and a court of a justice of the peace,".

SNL2000 cR-14.1

as amended

38. Subsection 34(4) of the Residential Tenancies Act, 2000 is amended by deleting the words

"or justice of the peace".

RSNL1990 cR-15 as

amended

39. Subsection 41(2) of the Retail Sales Tax Act is amended by deleting the words "or

justice of the peace".

SNL1992 cR-17

as amended

40. Subsection 27(3) of the Royal Newfoundland Constabulary Act, 1992 is amended by deleting

the words and commas "or, where there is no Provincial Court judge available, a justice of the peace,".

RSNL1990 cS-8

as amended

41. Subsection 15(2) of the Salvage Dealers Licensing Act is amended by deleting the words

"or justice of the peace".

RSNL1990 cS-15

as amended

42. Subsection 7(3) of the Shops' Closing Act is amended by deleting the words "or justice

of the peace".

RSNL1990 cS-28

43. Subsection 28(1) of the Stock Savings Tax Credit Act is amended by deleting the words

"or justice of the peace".

RSNL1990 cT-5

as amended

44. Subsection 41(2) of the Tobacco Tax Act is amended by deleting the words "or justice

of the peace".

RSNL1990 cT-7

45. Subsection 9(3) of the Trade Practices Act is amended by deleting the words "or

justice of the peace".

RSNL1990 cV-1

as amended

46. Subsection 5(3) of the Vegetable Grading Act is amended by deleting the words "or

justice of the peace".

RSNL1990 cV-3

47. Subsection 31(1) of the Venture Capital Act is amended by deleting the words "or

justice of the peace".

RSNL1990 cW-8

as amended

48. (1) Subsection 13(3) of the Wild Life Act is amended by deleting the

words "or justice of the peace".

(2) Subsections 15(5), (6), (9) and (10) of the

Act are amended by deleting the words "or justices".

(3) Section 26 of the Act is amended by deleting

the words and number "or 2 justices of the peace".

(4) Subsections 29(1), (2), (3) and (4) of the Act

are amended by deleting the words "or justices".

CNLR 1161/96 Amdt.

49. Subsection 6(3) of the Commercial Vehicle Maintenance Standards Regulations is amended by

deleting the words "justice of the peace" wherever it occurs, and

substituting the words "Provincial Court judge".

CNLR 1081/96

Amdt.

Section 8 of the Livestock Health Regulations is amended by deleting the words

"justice of the peace" and substituting the words " Provincial Court judge".

NLR 2/99 Amdt.

51. Rule 12.08(1) of the Provincial Court Family Rules is amended by deleting the words

"or a justice of the peace".

Rules of the Supreme

Court, 1986 Amdt.

(1) Rule 56B.04(1) of the Rules of the Supreme Court, 1986 is amended by deleting the words

"clerk or other court official who is a justice of the peace" and

substituting the words "judge of the court".

(2) Rule 56B.04(2) of the rules is repealed and

the following substituted:

(2) The judge receiving the information in (1)

(

a) may refer the person laying the information to

a court counsellor where children are involved or where immediate intervention

to prevent danger to the applicant or a child is required; and

(

b) shall cause the person against whom the

information has been laid to appear before him or her or another judge of the

court and shall hold a hearing to inquire into the allegations contained in the

information.

(3) Rule 56B.04(4) of the rules is amended by

deleting the words "the justice of the peace" and substituting the words

"the judge".

(4) Rule 56B.04(5) of the rules is amended by

deleting the words " the justice of the peace" and substituting the words

"the judge".

(5) Rule 56B.04(6) of the rules is amended by

deleting the words "justice of the peace" and substituting the words

"judge".

(6) Form A of the rules is repealed.

NLR 59/03 Amdt.

53. Subsection 11(4) of the Waste Management Regulations, 2003 is amended by deleting the words

"or justice of the peace".

Earl G. Tucker, Queen's Printer