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Statutes of Newfoundland and Labrador 2004


Statutes of Newfoundland and Labrador 2004 Chapter 36

CHAPTER 36

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

(Assented to December 16, 2004)

Analysis

1. Short title

2. Aquaculture Act

3. Automobile Dealers Act

4. City of St. Johnís Act

5. Collections Act

6. Communicable Diseases Act

7. Consumer Protection Act

8. Consumer Reporting Agencies Act

9. Dangerous Goods Transportation Act

10. Degree Granting Act

11. Endangered Species Act

12. Fatalities Investigations Act

13. Financial Corporations Capital Tax Act

14. Fish Inspection Act

15. Food and Drug Act

16. Gasoline Tax Act

17. Health and Post-Secondary Education Tax Act

18. Human Rights Code

19. Insurance Adjusters, Agents and Brokers Act

20. Judicature Act

21. Labour Standards Act

22. Law Society Act, 1999

23. Liquor Control Act

24. Liquor Corporation Act

25. Mining and Mineral Rights Tax Act, 2002

26. Mortgage Brokers Act

27. Occupational Health and Safety Act

28. Offshore Area Corporate Income Tax Act

29. Pension Benefits Act, 1997

30. Petroleum Products Act

31. Plant Protection Act

32. Poultry and Poultry Products Act

33. Prepaid Funeral Services Act

34. Provincial Offences Act

35. Quarry Materials Act, 1998

36. Real Estate Trading Act

37. Recording of Evidence Act

38. Residential Tenancies Act, 2000

39. Retail Sales Tax Act

40. Royal Newfoundland Constabulary Act, 1992

41. Salvage Dealers Licensing Act

42. Shops' Closing Act

43. Stock Savings Tax Credit Act

44. Tobacco Tax Act

45. Trade Practices Act

46. Vegetable Grading Act

47. Venture Capital Act

48. Wild Life Act

49. CNLR 1161/96 Amdt.

50. CNLR 1081/96 Amdt.

51. 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

2. (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

4. Section 48 of the City of St. Johnís Act is repealed and the following substituted:

Interference or destruction

48. (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 pay, 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

20. 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 is 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.

50. 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.

52. (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".

 

 

 

 

 

 

 

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