Copyright and Disclaimer Print


AR 6/99 JUSTICE OF THE PEACE REGULATION

(Consolidated up to 198/2018)

ALBERTA REGULATION 6/99

Justice of the Peace Act

JUSTICE OF THE PEACE REGULATION

Table of Contents

                1      Definitions

                2      Duty roster

             2.1      Designation as part‑time justice of the peace

             2.2      Designation as full‑time justice of the peace

                3      Jurisdiction of justices


                4      Additional functions and duties of non-presiding justices

                5      Cooling-off period

                6      Remuneration - full‑time justices of the peace

             6.1      Administrative justices of the peace

                8      Remuneration — part-time and ad hoc justices of the peace

             8.1      Evening, night, weekend and holiday shift differentials

             8.2      Professional allowance

             8.3      Travel and subsistence expenses

             8.4      Paid education days

             8.5      Judicial attire

                9      Fee ‑ non‑presiding justices

Schedules

Definitions

1   In this Regulation,

                               (a)    “Act” means the Justice of the Peace Act;

                       (a.001)    “administrative justice of the peace” means a full‑time or a part‑time justice of the peace to whom a judge or supernumerary judge of the Provincial Court has delegated administrative functions under section 9(2) of the Act;

                       (a.002)    “Christmas closure days” means the following days, relative to Christmas in each year, when Alberta Government offices are closed:

                                        (i)    December 29 and 30, when Christmas Day falls on a Sunday;

                                      (ii)    December 28 and 29, when Christmas Day falls on a Monday;

                                     (iii)    December 27, 28 and 31, when Christmas Day falls on a Tuesday;

                                     (iv)    December 24, 30 and 31, when Christmas Day falls on a Wednesday;

                                       (v)    December 29, 30 and 31, when Christmas Day falls on a Thursday, Friday or Saturday;

                         (a.01)    “justice of the peace” and “justice” means a justice of the peace who is appointed under the Act as a justice of the peace and includes an ad hoc justice of the peace but does not include a non‑presiding justice of the peace unless the context requires otherwise.

                    (a.1), (b)    repealed AR 113/2014 s2.

AR 6/99 s1;251/2001;178/2006;110/2012;113/2014;
59/2018

Duty roster

2(1)  The Chief Judge, or a judge within the meaning of section 1(b) of the Provincial Court Act to whom the Chief Judge has delegated the power, may establish duty rosters for justices of the peace, which duty rosters may include evening and weekend assignments.

(2)  The duties of justices of the peace must be performed in accordance with the appropriate duty roster established under subsection (1).

AR 6/99 s2;110/2012

Designation as part‑time justice of the peace

2.1(1)   Where a person referred to in section 4(4) of the Act whose term of appointment as a justice of the peace has not yet expired applies in writing to the Chief Judge under that subsection to have the remaining term of that appointment designated as part‑time, the Chief Judge may request the Lieutenant Governor in Council to designate the remaining term of that appointment as part‑time if the conditions in subsection (2) are met.

(2)  The request to the Lieutenant Governor in Council may be made only if

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

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

(3)  The Lieutenant Governor in Council shall designate the remaining term of the appointment for the justice of the peace as part‑time if satisfied that subsections (1) and (2) are or have been met.

AR 110/2012 s3

Designation as full‑time justice of the peace

2.2(1)   Where a person referred to in section 4(4.1) of the Act whose term of appointment as a justice of the peace has not yet expired applies in writing to the Chief Judge under that subsection to have the remaining term of that appointment designated as full‑time, the Chief Judge may request the Lieutenant Governor in Council to designate the remaining term of that appointment as full‑time if the conditions in subsection (2) are met.

(2)  The request to the Lieutenant Governor in Council may be made only if

                               (a)    a vacancy exists for a full‑time justice of the peace,

                              (b)    the Chief Judge considers that the designation will enhance the efficient and effective administration of the Court, and

                               (c)    the request is made in accordance with and subject to the criteria established by the Chief Judge and approved by the Judicial Council.

(3)  The Lieutenant Governor in Council shall designate the remaining term of the appointment for the justice of the peace as full‑time if satisfied that subsections (1) and (2) are or have been met.

AR 110/2012 s3

Jurisdiction of justices

3(1)  Subject to subsection (2), a justice of the peace may hear, try and determine matters arising under the following:

                               (a)    the Animal Protection Act;

                              (b)    the Dangerous Dogs Act;

                               (c)    the Dangerous Goods Transportation and Handling Act;

                              (d)    the Fisheries (Alberta) Act;

                               (e)    the Forests Act;

                               (f)    the Fuel Tax Act;

                               (g)    provisions of the Gaming, Liquor and Cannabis Act that relate to liquor or cannabis matters;

                              (h)    the Government Property Traffic Act (Canada);

                               (i)    the Livestock Identification and Commerce Act;

                               (j)    the Livestock and Livestock Products Act;

                              (k)    the Occupational Health and Safety Act for which a specified penalty is set out in Parts 16 and 17 of the Schedule to the Procedures Regulation (AR 63/2017);

                               (l)    the Petty Trespass Act;

                             (m)    the Provincial Offences Procedure Act, section 5;

                              (n)    a provision of

                                        (i)    the Provincial Parks Act, or

                                      (ii)    the Provincial Parks (General) Regulation (AR 102/85)

                                       for which a specified penalty is set out in Part 19 of the Schedule to the Procedures Regulation (AR 63/2017);

                              (o)    the Railway Safety Act (Canada);

                              (p)    the School Act, section 27(1);

                              (q)    the Security Services and Investigators Act for which a specified penalty is set out in Parts 25, 26 and 27 of the Schedule to the Procedures Regulation (AR 63/2017);

                               (r)    the Stray Animals Act;

                               (s)    the Tobacco and Smoking Reduction Act;

                               (t)    the Tobacco Tax Act, sections 3(1), 4(3), (4) and (5) and 4.1;

                              (u)    the Traffic Safety Act;

                              (v)    the Trespass to Premises Act;

                              (w)    the Wildlife Act;

                              (x)    the Youth Justice Act, section 20;

                              (y)    any regulations or orders made under any Act referred to in clauses (a) to (f) and (h) to (x);

                               (z)    a provision of

                                        (i)    the Environmental Protection and Enhancement Act, or

                                      (ii)    a regulation made under that Act

                                       for which a specified penalty is set out in Parts 3, 4 and 5 of the Schedule to the Procedures Regulation (AR 63/2017);

                             (aa)    the Alberta Fishery Regulations, 1998 (Canada) (SOR/98‑246) made under the Fisheries Act (Canada);

                            (bb)    regulations made under Schedule 11 of the Government Organization Act;

                             (cc)    regulations made under the Gaming, Liquor and Cannabis Act that relate to liquor or cannabis matters or to contraventions that relate to self‑exclusion programs within the meaning of section 34.2(4) of the Gaming, Liquor and Cannabis Regulation (AR 143/96);

                            (dd)    provisions of the Youth Justice Act, to the extent that those provisions deal with statutes, regulations, bylaws and orders referred to in clauses (a) to (ff);

                             (ee)    any bylaw of a municipality or a Metis settlement;

                              (ff)    any orders made by the Minister of Municipal Affairs in respect of an improvement district or special area;

                             (gg)    a provision of

                                        (i)    the Residential Tenancies Act, or

                                      (ii)    a regulation made under that Act

                                       for which a specified penalty is set out in Parts 22 and 23 of the Schedule to the Procedures Regulation (AR 63/2017);

                            (hh)    a provision of the Insurance Act for which a specified penalty is set out in Part 15 of the Schedule to the Procedures Regulation (AR 63/2017).

(2)  A justice of the peace may not be assigned to hear, try or determine

                               (a)    any complaint or information that involves the death of any person,

                              (b)    any complaint or information that involves a determination whether any rights under the Canadian Charter of Rights and Freedoms have been infringed or denied,

                               (c)    any issue relating to the constitutional validity of any law, or

                              (d)    any complaint or information that involves a determination of any aboriginal or treaty rights.

AR 6/99 s3;103/99;251/2001;117/03;127/2004;39/2006;
35/2007;68/2008;75/2010;110/2012;210/2013;227/2014;13/2018;198/2018

Additional functions and duties of non-presiding justices

4(1)  For the purposes of section 5(2)(d) of the Act, the prescribed functions and duties of a non‑presiding justice of the peace are the following:

                               (a)    processing judicial interim release orders that have previously been made by a judge or a justice of the peace;

                              (b)    qualifying sureties on judicial interim release orders;

                               (c)    receiving informations, except under section 810 of the Criminal Code (Canada);

                              (d)    subject to subsection (2), confirming or cancelling an appearance notice, promise to appear or recognizance under section 508(1) of the Criminal Code (Canada);

                               (e)    repealed AR 39/2006 s3;

                               (f)    issuing subpoenas;

                               (g)    taking affidavits;

                              (h)    ordering the disposition of seized items;

                               (i)    with respect to offences under the statutes, regulations, bylaws and orders referred to in section 3, dealing with first appearances and with applications for extension of time to pay, except

                                        (i)    the taking of guilty pleas on mandatory court appearances, and

                                      (ii)    the issuing of warrants for arrest;

                               (j)    dealing with the following:

                                        (i)    uncontested adjournments;

                                      (ii)    elections as to the mode of trial by an accused;

                                     (iii)    Crown elections;

                                     (iv)    setting dates for trial or summary dispositions;

                                       (v)    setting dates for early case resolution;

                                     (vi)    accepting requests for preliminary inquiries;

                                    (vii)    setting preliminary inquiry dates;

                                   (viii)    setting sentencing dates;

                                     (ix)    issuing summonses;

                                       (x)    taking not guilty pleas.

(2)  When a non‑presiding justice of the peace cancels an appearance notice, promise to appear or recognizance under section 508(1)(b)(ii) of the Criminal Code (Canada), the justice of the peace may only issue a summons.

AR 6/99 s4;251/2001;39/2006;110/2012

Cooling‑off period

5   For the purpose of section 4(7) of the Act, the amount of time that must elapse is 6 months.

AR 6/99 s5;251/2001

Remuneration - full‑time justices of the peace

6(1)  The annual salary for a full‑time justice of the peace is as follows:

                               (a)    for the year April 1, 2013 to March 31, 2014, $144 830;

                              (b)    for the year April 1, 2014 to March 31, 2015, $148 089;

                               (c)    for the year April 1, 2015 to March 31, 2016, $150 310;

                              (d)    for the year April 1, 2016 to March 31, 2017, $151 813.

(2)  In addition to the salary provided under subsection (1), a full‑time justice of the peace is entitled

                               (a)    in lieu of pension benefits, to an additional amount of 13.1% of his or her salary, and

                              (b)    to the benefits set out in sections 8.1, 8.2, 8.3, 8.4, 8.5 and Schedule 1.

AR 6/99 s6;178/2006;48/2007;113/2014;59/2018

Administrative justices of the peace

6.1   Commencing April 1, 2013, in addition to the remuneration provided under section 6(1) or 8, an administrative justice of the peace is to receive an additional 5% of the remuneration payable under section 6(1) to a full‑time justice of the peace for the applicable period.

AR 59/2018 s4

7   Repealed AR 178/2006 s3.

Remuneration — part‑time and ad hoc justices of the peace

8(1)  The remuneration for a part‑time or an ad hoc justice of the peace working an 8‑hour shift is as follows:

                               (a)    for the year April 1, 2013 to March 31, 2014, $907;

                              (b)    for the year April 1, 2014 to March 31, 2015, $939;

                               (c)    for the year April 1, 2015 to March 31, 2016, $953;

                              (d)    for the year April 1, 2016 to March 31, 2017, $962.

(1.1)  The remuneration for a part‑time or, commencing from the respective dates set out in subsection (1)(a) to (d), an ad hoc justice of the peace working a 4‑hour shift is 50% of the remuneration set out in subsection (1) for the applicable time period.

(2)  A part‑time justice of the peace is not entitled to any other payment or benefits except as provided in this section and sections 8.1, 8.2, 8.3, 8.4 and 8.5.

(3)  An ad hoc justice of the peace is not entitled to any payment or other benefits except as provided in this section and sections 8.1, 8.2 and 8.3.

AR 6/99 s8;178/2006;48/2007;148/2007;113/2014;59/2018

Evening, night, weekend and holiday shift differentials

8.1(1)  For the purposes of this section,

                               (a)    “day shift” means a shift that starts at or after 7:00 a.m. and ends at or before 7:00 p.m.;

                              (b)    “evening shift” means

                                        (i)    in respect of an 8‑hour shift, a shift that starts at or after 12 noon and ends at or before 12 midnight, or

                                      (ii)    in respect of a 4‑hour shift, a shift that starts after 3:00 p.m. and ends at or before 12 midnight;

                               (c)    “holiday” means New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, Christmas closure days and the Christmas floater as identified each year by the Public Service Commissioner for members of the public service of the Province;

                              (d)    “night shift” means a shift other than a day shift or an evening shift;

                               (e)    “weekday” means the period commencing immediately at the beginning of a Monday and ending at 7:00 p.m. on the following Friday, but does not include the whole or any portion of that period that falls on a holiday;

                               (f)    “weekend” means the period commencing at 7:00 p.m. on a Friday and ending at the end of the following Sunday, but does not include the whole or any portion of that period that falls on a holiday.

(2)  Over and above the remuneration payable under section 6 or 8, as the case may be, a justice of the peace working an 8‑hour shift is entitled to the following payment for the work during the following times:

                               (a)    weekday evening shift

                                        (i)    for the year April 1, 2013 to March 31, 2014, $51.75;

                                      (ii)    for the year April 1, 2014 to March 31, 2015, $52.91;

                                     (iii)    for the year April 1, 2015 to March 31, 2016, $53.71;

                                     (iv)    for the year April 1, 2016 to March 31, 2017, $54.25;

                              (b)    weekday night shift

                                        (i)    for the year April 1, 2013 to March 31, 2014, $128.50;

                                      (ii)    for the year April 1, 2014 to March 31, 2015, $131.39;

                                     (iii)    for the year April 1, 2015 to March 31, 2016, $133.36;

                                     (iv)    for the year April 1, 2016 to March 31, 2017, $134.69;

                               (c)    weekend day shift

                                        (i)    for the year April 1, 2013 to March 31, 2014, $51.75;

                                      (ii)    for the year April 1, 2014 to March 31, 2015, $52.91;

                                     (iii)    for the year April 1, 2015 to March 31, 2016, $53.71;

                                     (iv)    for the year April 1, 2016 to March 31, 2017, $54.24;

                              (d)    weekend evening shift

                                        (i)    for the year April 1, 2013 to March 31, 2014, $78.66;

                                      (ii)    for the year April 1, 2014 to March 31, 2015, $80.43;

                                     (iii)    for the year April 1, 2015 to March 31, 2016, $81.64;

                                     (iv)    for the year April 1, 2016 to March 31, 2017, $82.45;

                               (e)    weekend night shift

                                        (i)    for the year April 1, 2013 to March 31, 2014, $180.25;

                                      (ii)    for the year April 1, 2014 to March 31, 2015, $184.31;

                                     (iii)    for the year April 1, 2015 to March 31, 2016, $187.07;

                                     (iv)    for the year April 1, 2016 to March 31, 2017, $188.94;

                               (f)    holiday day shift

                                        (i)    for the year April 1, 2013 to March 31, 2014, $78.66;

                                      (ii)    for the year April 1, 2014 to March 31, 2015, $80.43;

                                     (iii)    for the year April 1, 2015 to March 31, 2016, $81.64;

                                     (iv)    for the year April 1, 2016 to March 31, 2017, $82.45;

                               (g)    holiday evening shift

                                        (i)    for the year April 1, 2013 to March 31, 2014, $103.50;

                                      (ii)    for the year April 1, 2014 to March 31, 2015, $105.83;

                                     (iii)    for the year April 1, 2015 to March 31, 2016, $107.42;

                                     (iv)    for the year April 1, 2016 to March 31, 2017, $108.49;

                              (h)    holiday night shift

                                        (i)    for the year April 1, 2013 to March 31, 2014, $232.00;

                                      (ii)    for the year April 1, 2014 to March 31, 2015, $237.22;

                                     (iii)    for the year April 1, 2015 to March 31, 2016, $240.78;

                                     (iv)    for the year April 1, 2016 to March 31, 2017, $243.19.

(3)  Payment for work under subsection (2) is to be made at the shift differential rate applicable at the time the work shift is scheduled to commence.

(4)  A justice of the peace working a 4‑hour shift is entitled to 50% of the amount set out in subsection (2) for the applicable shift.

AR 48/2007 s4;113/2014;59/2018

Professional allowance

8.2(1)  Subject to subsections (2) to (4), effective April 1, 2016 a full‑time, part‑time or ad hoc justice of the peace is entitled to claim an annual professional allowance of not more than $3500 for expenses incurred for any or all of the following purposes, as authorized by the Chief Judge or his or her delegate:

                               (a)    the attendance at relevant conferences that are related to the carrying out of the duties and functions of a justice of the peace;

                              (b)    the purchase of books and journals that are related to the carrying out of the duties and functions of a justice of the peace;

                               (c)    the maintenance of memberships in professional organizations;

                              (d)    the purchase of security systems for a justice of the peace’s home and the monthly service charges for those systems;

                               (e)    the purchase of attire required for the carrying out of the duties and functions of a justice of the peace.

(2), (3)  Repealed AR 59/2018 s7.

(3.1)  Effective April 1, 2016, a professional allowance for each fiscal year must be spent within 2 years of the beginning of the fiscal year for which it was allocated.

(3.2)  Notwithstanding subsection (3.1), the Deputy Chief Judge may extend the time for the spending of the professional allowance for the period between April 1, 2016 and March 31, 2017.

(4)  A claim for the annual professional allowance must be accompanied by itemized receipts for all expenses claimed.

AR 113/2014 s6;59/2018

Travel and subsistence expenses

8.3  Effective on the filing of the Justice of the Peace (2013 Compensation Report) Amendment Regulation, justices of the peace are entitled to reimbursement for travel and subsistence expenses incurred in the course of the performance of their duties as justices of the peace in accordance with the current travel, meal and hospitality policy, currently established by directive of the Alberta Treasury Board, that applies to persons appointed to positions under the Public Service Act and working in the Department of the Minister responsible for the justice system, or any instrument replacing it, that is in force at the time the expenses are incurred.

AR 59/2018 s8

Paid education days

8.4  Effective April 1, 2013, subject to the approval of the Chief Judge or a judge to whom the Chief Judge has delegated the power to establish duty rosters, full‑time and part‑time justices are entitled to 10 paid education days per year.

AR 59/2018 s8

Judicial attire

8.5(1)  Effective May 1, 2014, full‑time and part‑time justices are entitled to judicial attire in accordance with the following:

                               (a)    a newly appointed justice is to receive 1 gown, 1 waistcoat, 3 shirts, 3 tabs and 2 skirts or 2 pairs of pants or one of each;

                              (b)    thereafter, a justice is to receive a new gown and waistcoat every 5 years or earlier if the Deputy Chief Judge confirms in writing that the replacement is reasonable and necessary;

                               (c)    justices are to be compensated for

                                        (i)    those costs of repairs to the judicial attire that the Deputy Chief Judge confirms in writing as reasonable, and

                                      (ii)    the costs for the dry‑cleaning of the judicial attire;

                              (d)    where

                                        (i)    a newly appointed justice paid for any of the items referred to in clause (a), or

                                      (ii)    a justice paid for items on the basis referred to in clause (b), whether personally or through the professional allowance,

                                       that justice is to be reimbursed or to have the professional allowance replenished by the amount spent on the items in question.

(2)  Effective May 1, 2014, subsection (1)(b) does not apply if the justice’s tenure is ending within the 12‑month period following the appointment, but if the justice is reappointed, the justice is entitled to the replacements under that clause as if the tenure were uninterrupted.

AR 59/2018 s8

Fee ‑ non-presiding justices

9   A non‑presiding justice of the peace, who is not an employee of the Government of Alberta, is entitled to be paid fees for serving as a non‑presiding justice of the peace in accordance with Schedule 2.

9.1   Repealed AR 110/2012 s6.


10   Repealed AR 178/2006 s5.

11   Repealed AR 59/2018 s9.


Schedule 1

Benefits for Full‑time Justices of the Peace

1   In this Schedule, “full‑time justices” means a full‑time justice of the peace.

2(1)  Subject to subsection (2), full‑time justices are entitled to participate in the group benefit plans available to managers in the public service of the Province.

(2)  The Long Term Disability Income Continuance Plan contained in the Subschedule to this Schedule is established and applies with respect to full‑time justices of the peace.

3   Repealed AR 59/2018 s10.

4(1)  Full‑time justices are entitled to vacation of 30 working days per year.

(2)  The scheduling of vacation is subject to the prior approval of the Chief Judge.

(3)  If the appointment of a full‑time justice is terminated, the full‑time justice’s actual vacation entitlement is to be calculated on the basis of 2.5 days’ vacation per completed month of service and the full‑time justice must, at such termination, reimburse the Province for any vacation taken in excess of the full‑time justice’s actual entitlement.

(4)  Any actual vacation entitlement not taken by the full‑time justice must, at such termination, be paid by the Province to the full‑time justice.

4.1(1)  In this section,

                               (a)    “casual illness” means a sickness, injury or disability (other than one resulting from self‑infliction) or a quarantine restriction, that causes a justice to be absent from work for 3 consecutive work days or less;

                              (b)    “general illness” means a sickness, injury or disability (other than one resulting from self‑infliction) or a quarantine restriction, that causes a justice to be absent from work for more than 3 consecutive work days, to a maximum of 80 work days;

                               (c)    “justice” means a full‑time justice of the peace;

                              (d)    “service” means service as a justice of either or both kinds;

                               (e)    “work day” means a day on which a justice is expected to be working as a justice;

                               (f)    “year of service” means a consecutive period of 12 months commencing from the date a justice commenced service and thereafter from an anniversary of that date.

(2)  A justice is entitled to take casual illness leave of up to 10 work days in each year of service, subject to the approval in each case of the Chief Judge, and to be paid full salary during the periods of casual leave taken.

(3)  Where a justice has worked at least one hour in a half day, that half‑day is not to be treated as casual illness leave taken and the justice is entitled to full salary for that half day.

(4)  Subject to subsection (9), a justice is entitled to take general illness leave of up to 80 days in each year of service, subject to the approval in each case of the Chief Judge, with salary at the rate of

                               (a)    100% of full salary for the first 60 days of that leave period taken, and

                              (b)    70% of full salary for the last 20 days of that leave period taken.

(5)  General illness leave may be taken on an hourly equivalent basis if the illness will result in ongoing periods of absences or treatments mixed with periods when the justice can return to work.

(6)  A justice’s general illness leave benefits are reinstated the day the justice returns to work or, in the circumstances referred to in subsection (5), returns to work after the periods referred to in that subsection have ended.

(7)  When a paid holiday falls during a period of general illness leave, it is to be paid as a day of general illness leave and a justice is not to receive additional compensation for the paid holiday.

(8)  The Chief Judge may require a justice to produce a medical certificate for any leave taken under this section.

(9)  Where general illness leave of less than 80 days is taken by a justice in a year of service and the justice returns to work in the same year of service, that leave is reinstated for future additional use in that year of service at 70% of full salary on the justice’s return to work.

5(1), (2)  Repealed AR 48/2007 s5.

(3)  A full‑time justice is entitled to all statutory holidays normally granted to employees in the public service of the Province.

(4)  The full‑time justice must provide the Chief Judge with a periodic reporting of absences.

6   Repealed AR 59/2018 s10.

7(1)   Full‑time justices are not to be scheduled to work on a Christmas closure day unless the justice agrees to do so.

(2)  If a full‑time justice does work an 8‑hour shift or a 4‑hour shift on a Christmas closure day, the justice is entitled to a paid day’s or half‑day’s vacation, respectively, to be taken at the justice’s discretion but subject to the Chief Judge’s approval.

(3)  A full‑time justice who used a vacation day or half a vacation day to be absent from working an 8‑hour shift or a 4‑hour shift, respectively, on a Christmas closure day is to have a vacation day or half a vacation day, respectively, re‑credited to the justice’s vacation entitlement.

(4)  Notwithstanding subsection (2), a full‑time justice who worked an 8‑hour shift or a 4‑hour shift on a Christmas closure day in December 2014 or December 2015 may, as an alternative to taking the vacation leave under that subsection, choose to be paid an amount equal to one day’s or a half‑day’s remuneration as well as the applicable shift differential in section 8.1(2)(f), (g) or (h) or section 8.1(4), respectively.

Subschedule

Long Term Disability Income Continuance Plan
Full‑time Justices of the Peace

Definitions

1(1)  In this Plan,

                               (a)    “adjudicator” means a person who is independent of the Government and the participant, who determines whether a participant is disabled for the purposes of this Subschedule and who may also provide any additional services that are agreed to by the Government and that person;

                              (b)    “amount of coverage” means a participant’s monthly benefit as expressed as a percentage of monthly earnings;

                               (c)    “benefit” means money provided to a participant under the Plan;

                              (d)    “Chief Judge” includes a judge or a supernumerary judge of the Provincial Court to whom the Chief Judge has delegated powers or duties, or both, relating to the implementation of this Plan;

                               (e)    “disability” means a medical condition that causes a participant to be unable to perform any combination of duties that, prior to the commencement of illness or injury, regularly took at least 60% of the participant’s time at work to complete;

                               (f)    “elimination period” means 80 consecutive normal work days or the number of hours of work for a continuing illness equivalent to 80 normal work days, starting the day a participant stops work or partially stops work because of bodily injury or illness;

                               (g)    “month” means a period of time between the same dates in 2 successive calendar months;

                              (h)    “monthly earnings” means the participant’s current regular monthly rate of pay;

                               (i)    “participant” means a person to whom the Plan applies under section 2 of this Subschedule;

                               (j)    “period of disability” means the period in which a participant is entitled to receive benefits from the Plan beginning after the day of the elimination period;

                              (k)    “Plan” means the plan established in this Schedule;

                               (l)    “Plan Administrator” means the Plan Administrator under the Public Service Long Term Disability Income Continuance Plan;

                             (m)    “pre‑disability salary” means the monthly earnings a participant is entitled to or subsequently becomes entitled to receive as of the last day of the elimination period;

                              (n)    “regular duties” means the regular duties or duties similar to the regular duties that the participant was performing immediately prior to the beginning of the elimination period.

(2)  Definitions in section 4.1(1) of the part of this Schedule preceding this Subschedule apply with respect to the interpretation of this Subschedule.

Application

2   This Plan applies to full‑time justices of the peace so entitled under section 6(2) of the Justice of the Peace Regulation.

Coverage

3(1)  A participant is covered under the Plan beginning the first day after the participant compiles 3 consecutive months of service without absence because of illness or disability, except for casual illness.

(2)  A participant’s coverage under the Plan terminates on the earliest of the following:

                               (a)    the date of the participant’s 70th birthday;

                              (b)    the date the participant’s service ends.

Eligibility for benefits

4(1)  When the adjudicator determines that a participant’s bodily injury or illness results in a disability, and the disability continues during the entire elimination period, the participant is eligible for benefits beginning immediately after the elimination period.

(2)  If a participant returns to work during the elimination period and then takes general illness leave for the same or a related illness within 10 days of returning to work, the time that the participant was at work is considered to be part of the elimination period.

(3)  A participant is not eligible for benefits payable after the elimination period for

                               (a)    a disability suffered as a result of participation in the commission of crime,

                              (b)    a disability suffered as a result of an act of war,

                               (c)    an intentionally self‑inflicted injury or illness,

                              (d)    any period during which the participant is not under the continuous care of a physician, or not following the treatment a physician prescribes, or

                               (e)    a period of incarceration in a prison or similar institution.

(4)  Depending on the nature and severity of a participant’s condition, the adjudicator may require a participant to be under a specialist’s care.

(5)  If substance abuse, including alcoholism and drug addiction, contributes to a participant’s disability, the participant’s treatment program must include participation in a recognized substance withdrawal program.

(6)  As soon as possible after a participant is injured or becomes ill, the adjudicator will determine whether the participant’s condition is a disability.

(7)  If a participant, who returns to work after an absence caused by a disability, is no longer receiving disability benefits, and is disabled as a result of the same or a related condition within 6 months after the date of return to work, the disability is considered continued and another elimination period is not required to be served.

(8)  Any authorized benefits may continue up to the maximum benefit period described in section 9 of this Subschedule during any one period of disability, but the benefits end when the adjudicator determines that the disability has ceased.

Pre‑existing condition

5(1)  Benefits are not payable for any medically documented injury or illness for which a participant received medical services, supplies, or any medication prescribed by a physician during the 90 days immediately preceding the later of

                               (a)    the commencement of the participant’s service, and

                              (b)    the date this Plan is effective pursuant to section 6 of the Justice of the Peace (LTDI Addition, 2007) Amendment Regulation.

(2)  Subsection (1) does not apply to a participant who has been covered by the Plan for 2 consecutive years and is not absent from work because of a pre‑coverage injury or illness on the date the 2 years are completed.

(3)  If the participant has been covered by the Plan for 2 consecutive years but is absent from work because of a pre‑coverage injury or illness at the 2‑year point, the participant is eligible for coverage under the Plan on the date the participant returns to work.

Interim payment

6(1)  If the adjudicator does not decide on a participant’s eligibility for benefits before the end of the elimination period, the Chief Judge may order that the participant continue to be paid at the rate of 70% of the participant’s normal salary for up to 2 months or until the date the decision is received, whichever comes first.

(2)  The participant is not entitled to receive an interim payment and benefits under subsection (1).

(3)  If the participant received an interim payment and is found eligible for benefits,

                               (a)    that payment is to be treated as a prepayment by the Province, on behalf of the Plan, of the benefits due for that period,

                              (b)    the Plan Administrator must not pay to the participant further benefits for the period covered by the payments, and

                               (c)    the Plan Administrator must repay the amount of the interim payment.

(4)  If the participant received an interim payment and is found not eligible for benefits, the participant must repay the payment.

Rehabilitation program

7(1)  A rehabilitation program approved by the adjudicator may be established by the Department of Justice and Solicitor General and the Plan Administrator, with appropriate consultation of the Chief Judge, for a specified time period not exceeding 24 months.

(2)  The program may require that the participant perform the participant’s regular work on a part‑time basis.

(3)  At the end of the elimination period, if a participant suffers from a disability that prevents the performance of regular duties, but the participant is able to participate in a rehabilitation program, the participant is eligible for benefits.

(4)  If a participant is receiving less income under a rehabilitation program than was being received prior to the disability, the monthly benefit amount to which the participant is entitled is to be reduced by 50% of the income received from that program.

(5)  If the combination of reduced benefits and income equal an amount that exceeds the participant’s pre‑disability salary, benefits will be further reduced so that the combined benefits and income do not exceed the pre‑disability salary.

(6)  If a participant refuses or wilfully fails to participate and co‑operate in a rehabilitation program, the adjudicator may determine whether the participant is eligible to receive or continue to receive benefits.

Amount of benefit

8(1)  The benefit amount for a participant is 70% of the participant’s pre‑disability salary, which is effective on completion of the elimination period.

(2)  The monthly benefit amount to which a participant is entitled will be reduced as follows:

                               (a)    by the amount of disability benefit entitlement, excluding children’s benefits and cost‑of‑living increases, under the Canada Pension Plan and the Quebec Pension Plan;

                              (b)    by the amount of benefits payable from any other group disability plan sponsored by the employer;

                               (c)    by vacation leave pay.

(3)  A participant must apply for Canada Pension Plan or Quebec Pension Plan disability benefits within 12 months of being placed on the Plan and provide proof of application to the Plan Administrator.

(4)  A participant who does not apply for benefits pursuant to subsection (3) after reasonable notice to do so may have the maximum Canada Pension Plan or Quebec Pension Plan disability benefit deducted pursuant to subsection (2)(a).

(5)  If any amount or benefit described in subsection (2) is received in the form of a lump sum payment instead of monthly instalments, the benefit under subsection (1) will be reduced by the equivalent commuted monthly instalments.

Termination of benefits

9   The benefits payable under the Plan terminate on the earliest of the following:

                               (a)    the date determined by the adjudicator when the participant refuses or wilfully fails to participate and co‑operate in a rehabilitation program;

                              (b)    the date of the participant’s 70th birthday;

                               (c)    the date the adjudicator determines the participant is no longer disabled or the date the participant returns to the participant’s regular duties, whichever comes first;

                              (d)    the date the participant’s earnings from employment, self‑employment or the rehabilitation program are the same as the participant’s pre‑disability salary;

                               (e)    the date the participant’s service ends.

Coverage during leave of absence

10(1)  A participant is covered under the Plan for a period not exceeding 12 consecutive months from the date the participant begins leave if the participant is on authorized development leave initiated and approved by the Chief Judge.

(2)  Coverage under the Plan continues for a participant on a leave of absence without pay, but benefits are not payable during the leave and, if applicable, premiums are not paid.

Participation in group plans

11(1)  If a participant is eligible for benefits, the participant continues to be covered under the plans referred to in the part of this Schedule preceding this Subschedule.

(2)  During the period that coverage continues, the Province and the participant must continue to pay their respective share of premiums costs for each plan.

Adjudication review

12(1)  When the adjudicator has ruled that a participant is not eligible for benefits or that benefits are to cease, the participant may request that the adjudicator review the claim and may, at the participant’s expense, make representation to the adjudicator with the participant’s representative only once.

(2)  A participant must submit a request for a review within 21 calendar days of receiving notice of the adjudicator’s ruling.

(3)  Within 60 calendar days of receiving notice of the adjudicator’s ruling, the participant must submit any new or additional medical information and other written material that the participant intends to be part of the review.

(4)  On receiving a request for a review, the adjudicator must review the participant’s case, taking into account the representation by the participant or participant’s representative and any new information, and make a decision.

AR 6/99 Sched.1;178/2006;48/2007;110/2012;170/2012;113/2014;
59/2018

Schedule 2

Fees for Non‑presiding Justices of the Peace
not Employed by the Province

The following fees are payable to a non‑presiding justice of the peace who is not an employee of the Province:

                               (a)    administering oaths, affirmations or taking declarations, $2;

                              (b)    processing judicial interim release orders that have previously been made by a judge or of the peace, 9 a.m. to 12 a.m. ‑ $10, 12 a.m. to 9 a.m. ‑ $20;

                               (c)    adjourning cases where a judge of the Provincial Court or a justice of the peace is not present, $5 per accused;

                              (d)    confirming or cancelling an appearance notice, promise to appear or recognizance, $2;

                               (e)    issuing summonses where appearance notices, promises to appear or recognizances are cancelled, $2;

                               (f)    receiving informations, except under section 810 of the Criminal Code (Canada), $2;

                               (g)    issuing subpoenas, $1;

                              (h)    ordering disposition of seized items, $2.

AR 6/99 Sched.2;110/2012;113/2014