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Copyright 2000: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER D-16

AN ACT RESPECTING THE DEPARTMENT OF JUSTICE

Analysis

1. Short title

2. Definitions

3. Department constituted

4. Staff

5. Seal

6. Minister of Justice

7. Attorney General

8. Administration of Acts

9. Acts of minister and deputy minister

10. Consultation and conferences

11. Agreements with other jurisdictions

12. Agreements generally

13. Agreements amended

14. Prior approval for agreements

15. Implementation of agreements

16. Other departments

17. Boards, committees, etc.

18. Minister's power over boards

19. Regulations

20. Documents

21. Accounts

22. Security

23. Actions

24. Certified copies of documents

25. Property

26. Payments

27. Offences

28. Consent to prosecution

29. Substitution of references

Schedule


Short title

1. This Act may be cited as the Department of Justice Act.

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Definitions

2. In this Act

(a) "department" means the Department of Justice constituted by this Act;

(b) "deputy minister" means the Deputy Minister of Justice and Deputy Attorney General appointed under this Act; and

(c) "minister" means the Minister of Justice and Attorney General referred to in section 3.

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Department constituted

3. (1) There shall be a department of the government called the Department of Justice over which the Minister of Justice appointed by the Lieutenant-Governor by commission under the Great Seal of the province shall preside.

(2) The minister is by virtue of the position the Attorney General of the Crown.

(3) The minister has the management and direction of the department and holds office during pleasure.

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Staff

4. (1) The Lieutenant-Governor in Council may appoint an officer called the Deputy Minister of Justice.

(2) The deputy minister shall be deputy head of the department and shall hold office during pleasure.

(3) The deputy minister is by virtue of the office Deputy Attorney General.

(4) Those other officers and employees that are necessary for the proper conduct of the business of the department shall be appointed or employed in the manner authorized by law, but the minister may temporarily employ those technical and other assistants and professional personnel that the minister considers necessary.

(5) Where there is no deputy minister or the deputy minister is absent, and unless otherwise provided by the Lieutenant-Governor in Council, an officer named by the minister has the powers and shall perform the duties of the deputy minister.

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Seal

5. (1) The department shall have a seal which shall be officially and judicially noticed.

(2) Where the official seal of the department is used, it shall be authenticated by the signature of the minister or by the signature of the deputy minister, or, where there is no deputy minister, or the deputy minister is absent, by the signature of the person who, under subsection 4(5), has the powers of the deputy minister.

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Minister of Justice

6. (1) The minister shall

(a) be the official legal adviser of the Lieutenant-Governor and the legal member of the Executive Council;

(b) see that the administration of public affairs is in accordance with law;

(c) have the superintendence of all matters connected with the administration of justice in the province not within the jurisdiction of the Government of Canada;

(d) advise upon the legislative Acts and proceedings of the Legislature, and generally advise the Crown upon all matter of law referred to the minister by the Crown;

(e) advise the heads of the several departments of government upon all matters of law connected with those departments; and

(f) have the superintendence of prisons and other places of confinement and correctional institutions in the province, except as otherwise provided in another Act.

(2) The powers, functions and duties of the minister extend to and include

(a) the supervision, control and direction of all matters relating to

(i) consumer, insurance and corporate affairs of the province;

(ii) human rights generally; and

(iii) the administration, subject to the Public Service Rearrangements and Transfers of Duties Act, of the Acts set out in the Schedule and of all orders and regulations passed or made under those Acts and of those other Acts, orders and regulations that are designated by the Lieutenant-Governor in Council,

which are not, or in so far as they are not, by law or by order of the Lieutenant-Governor in Council, assigned to another minister or department of the government;

(b) liaison and co-operation with

(i) the Government of Canada or a department, agency or body under the jurisdiction of that government;

(ii) the government of a province in Canada or a department, agency or body under the jurisdiction of the government of a province or under the jurisdiction of the government of this province, or

(iii) a corporation or other body or person

that may be necessary or desirable for carrying out the purpose of this Act;

(c) the undertaking, promotion or recommendation of measures for the development, control and direction of matters referred to in this section and section 7;

(d) the collection, compilation, analyzing and recording of statistical and other information relating to matters referred to in this section and section 7;

(e) the preparation and publication of statistics, reports, records, bulletins, pamphlets, circulars and other means of disseminating information in relation to matters referred to in this section and section 7;

(f) the study of, reporting on and advising upon the administration of matters referred to in this section and section 7;

(g) the consideration of and reporting upon a recommendation for a change in the laws of the province relating to matters referred to in this section and section 7 that is presented or made by an organization or person;

(h) the making of inquiries into and reports upon legislation respecting matters referred to in this section and section 7 in force in Canada and throughout the world and, on the basis of those inquiries and reports, making those recommendations that may be advisable with regard to the laws of the province;

(i) the doing of other things or the exercise of other powers that are necessary or desirable for carrying out the purpose of this Act; and

(j) the exercise and discharge of other powers, functions and duties that the Lieutenant-Governor in Council assigns to the minister.

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Attorney General

7. The Attorney General shall

(a) be entrusted with the powers, functions and duties which belong to the office of the Attorney General and Solicitor-General of England by law or usage, so far as those powers, functions and duties are applicable to the province, and also with the powers and duties which belong to the office of the Attorney General and Solicitor-General under the laws of Canada and of the province to be administered and carried into effect by the government of the province;

(b) be charged with the settlement of all instruments issued under the Great Seal of the province;

(c) have the regulation and conduct of all litigation for and against the Crown or a public department in respect of subjects within the authority or jurisdiction of the Legislature; and

(d) be charged generally with those other powers, functions and duties that are assigned by the Lieutenant-Governor in Council to the Attorney General.

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Administration of Acts

8. The minister shall administer all Acts, orders and regulations, not assigned by or under an Act or law to another minister.

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Acts of minister and deputy minister

9. An act of the minister in a matter within the jurisdiction of the Attorney General and an act of the deputy minister in a matter within the jurisdiction of the Deputy Attorney General shall be considered to be the act of the Attorney General and the act of the Deputy Attorney General.

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Consultation and conferences

10. In exercising the minister's powers or carrying out the minister's duties and functions under this Act, the minister may consult with and inaugurate conferences of representatives of those bodies or persons that the minister may consider advisable.

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Agreements with other jurisdictions

11. (1) Subject to the approval of the Lieutenant-Governor in Council, the minister may enter into agreements with the Government of Canada or of a province of Canada or an agency or body of the Government of Canada or the government of a province providing for

(a) the joint undertaking, by the government of the province or an agency of the government with those governments, or an agency or body of those governments, of projects relating to an aspect of the powers, functions or duties of the minister; and

(b) the payment by or to the province of contributions in respect of the cost of projects referred to in paragraph (a).

(2) The minister may, for the purpose of this Act, and subject to the approval of the Lieutenant-Governor in Council, prepare and undertake, alone or with Canada or with a province of Canada, programs of research and investigation, and may coordinate those programs with other similar programs being undertaken in the province or elsewhere in Canada.

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Agreements generally

12. Subject to the approval of the Lieutenant-Governor in Council, the minister may enter into an agreement for the purpose of exercising or discharging the minister's powers, functions or duties.

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Agreements amended

13. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

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Prior approval for agreements

14. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 11 or 12, the Lieutenant-Governor in Council may approve terms, conditions and monetary limits subject to which the minister may, without prior approval of the Lieutenant-Governor in Council, enter into agreements under section 11 or 12.

(2) Subject to the terms, conditions and monetary limits approved by the Lieutenant-Governor in Council under subsection (1), the minister may enter into an agreement without approval of the Lieutenant-Governor in Council.

(3) Where the minister enters into an agreement under subsection (2), the minister may enter into an amending agreement, subject to those same terms, conditions and limits.

(4) Notwithstanding subsection (3), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

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Implementation of agreements

15. The minister may implement an agreement made under this Act.

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Other departments

16. In carrying out a project or research program under this Act or in pursuance of an agreement made under this Act, the minister shall, where possible, make use of the services and facilities of other departments of the government.

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Boards, committees, etc.

17. The Lieutenant-Governor in Council may establish boards, committees and councils to assist and advise the minister in administering this Act and appoint the members of those boards, committees and councils.

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Minister's power over boards

18. The rights, duties, powers, liabilities and functions of the minister extend and apply to those boards and other public bodies, officials, subjects, services and properties of the Crown that the Lieutenant-Governor in Council designates and assigns to the minister and over which the minister is given the control, regulation, management and supervision.

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Regulations

19. (1) The Lieutenant-Governor in Council may make regulations

(a) necessary or desirable for the carrying out of the minister's powers, functions and duties under this Act;

(b) providing for the management, maintenance, proper use and protection of property of which the minister has the management and control; and

(c) generally, to give effect to the purpose of this Act.

(2) The Lieutenant-Governor in Council may, in regulations made under subsection (1), prescribe penalties for contravening those regulations.

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Documents

20. (1) An agreement, deed or other writing made or executed under this Act shall not bind the government or the minister or be held to be the act of the government or the minister unless it is signed by the minister or the deputy minister or 1 of the persons designated under subsection 4(5) to exercise the powers and perform the duties of the deputy minister in the circumstances specified.

(2) Subsection (1) does not apply to transactions in the ordinary course of administering the affairs of the department under this Act.

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Accounts

21. The minister, the deputy minister or an officer named by the minister under subsection 4(5) may require an account furnished by a person, whether in the employ of the department or not, to be attested on oath or affirmation, which oath or affirmation may be administered by the minister, the deputy minister or an officer referred to in subsection 4(5).

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Security

22. The minister, the deputy minister or an officer named by the minister under subsection 4(5) shall have power to require and take security by way of bond or deposit of money for the performance of work in accordance with an agreement entered into with the minister or the department or an employee of the department.

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Actions

23. Unless otherwise provided by law, all actions, suits and other proceedings taken by the minister or the department for the enforcement of an agreement or for the recovery of damages in tort or arising out of contract or for the trial of a right in respect of real or other property under the control of the minister shall be instituted in the name of Attorney General.

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Certified copies of documents

24. A copy of a map, plan or other document in the custody of the department, certified by the deputy minister to be a true copy, is considered to be authentic and is, in the absence of evidence to the contrary, evidence of the same legal effect as the original for the purpose of a proceeding in a court or for another purpose.

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Property

25. (1) The minister, for and in the name of the Crown, may acquire by purchase, lease or otherwise and hold, manage and control real or personal property which the minister considers necessary for the purpose of this Act.

(2) The minister may

(a) sell; or

(b) lease or otherwise dispose of for a period and subject to those terms and conditions that the minister may stipulate,

property of which the minister has the management and control.

(3) All money received by the minister in exercise of the powers conferred on the minister by subsection (2) shall be paid into the Consolidated Revenue Fund.

(4) Where the Crown acquires or disposes of property through the minister, the minister or the deputy minister may execute all documents on behalf of the Crown with his or her signature and official title and with the seal of the department.

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Payments

26. Payments required to be made by or on behalf of the Crown under an agreement entered into under this Act or in carrying out this Act or the regulations shall be paid by the Minister of Finance, on the request of the minister, out of the Consolidated Revenue Fund.

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Offences

27. (1) A person who contravenes this Act or the regulations is guilty of an offence and is, where no penalty is specifically provided in this Act or the regulations, liable on summary conviction in the case of a 1st conviction to a fine not exceeding $500 and in the case of a 2nd or subsequent conviction for a similar offence to a fine not exceeding $1,000 and, in either case, in default of payment to imprisonment for a term not exceeding 3 months.

(2) For the purpose of subsection (1), a conviction is not considered to be a 2nd or subsequent conviction unless it is in respect of an offence committed within 12 months after a prior offence, and all convictions which are not 2nd or subsequent convictions are considered 1st convictions.

(3) A continuance for a day or a part of a day of the contravention referred to in subsection (1) constitutes a separate offence.

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Consent to prosecution

28. A prosecution under this Act or the regulations shall not be taken except with the written consent of the minister.

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Substitution of references

29. (1) Whenever in an Act or regulation enacted or made before December 18, 1989 or in an order made under an Act or regulation or in an Order in Council or Order in Commission or in a contract, lease or another document, it is provided that a right, power, duty, liability or function is or shall be vested in or performed by, or reference is made to

(a) a minister of the Crown;

(b) a deputy minister; or

(c) a department of the government,

or the equivalent with respect to The Honourable Commission of Government of Newfoundland, in a matter entrusted to a minister by or under a departmental Act, or in an Act where there is uncertainty as to which minister, officer or department is appropriate under the circumstances, that right, power, duty, liability or function shall be vested in or performed by, and there shall be substituted in the reference,

(d) the minister;

(e) the deputy minister; and

(f) the department

respectively for the officers and departments or the equivalent mentioned referred to in paragraphs (a), (b) and (c).

(2) In the event of a question as to the substitution referred to in this section, the Lieutenant-Governor in Council may, by order, direct which substitution shall be in effect, and that substitution shall have the force and effect of law for all purposes.

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Schedule

1. Accident and Sickness Insurance Act

2. Adult Corrections Act

3. Agreement for Policing the Province Act

4. American Bases Acts

5. Appointments under Powers Act

6. Apportionment Act

7. Arbitration Act

8. Architects Act

9. Assignment of Book Debts Act

10. Attachment of Wages Act

11. Automobile Dealers Act

12. Automobile Insurance Act

13. Bills of Sale Act

14. Blind Persons' Rights Act

15. Building Supplies Act

16. Bulk Sales Act

17. Canada and the United Kingdom Reciprocal Recognition and Enforcement of Judgments Act

18. Censoring of Moving Pictures Act

19. Certified General Accountants Act

20. Certified Public Accountants Act

21. Chairman of the Board of Commissioners of Public Utilities (Pension) Act (with Finance)

22. Change of Name Act

23. Chartered Accountants Act

24. Chartered Accountants and Certified Public Accountants Merger Act

25. Chattels Real Act

26. Children's Law Act

27. Collections Act

28. Commissioners for Oaths Act

29. Companies Guarantees Act

30. Conditional Sales Act

31. Consumer Reporting Agencies Act

32. Contributory Negligence Act

33. Conveyancing Act

34. Corporations Act

35. Criminal Injuries Compensation Act

36. Defamation Act

37. Detention of Intoxicated Persons Act

38. Direct Sellers Act

39. Election Act

40. Electoral Boundaries Delimitation Act

41. Engineers and Geoscientists Act

42. Evidence Act

43. Exhumation Act

44. Family Law Act

45. Family Relief Act

46. Fatal Accidents Act

47. Federal Courts Jurisdiction Act

48. Fire Insurance Act

49. Fraudulent Conveyance Act

50. Freedom of Information Act

51. Frustrated Contracts Act

52. Human Rights Code

53. Income Tax Savings Plans Act

54. Industrial and Provident Societies Act

55. Insurance Adjusters Act

56. Insurance Adjusters, Agents and Brokers Act

57. Insurance Companies Act

58. Insurance Contracts Act

59. Interments Act

60. International Child Abduction Act

61. International Commercial Arbitration Act

62. Interpretation Act

63. Interprovincial Subpoena Act

64. Intestate Succession Act

65. Investment Contracts Act

66. Judgment Debts Instalments Act

67. Judgment Interest Act

68. Judgment Recovery Newfoundland Ltd. Act

69. Judicature Act

70. Jury Act

71. Justices Act

72. Justices and Other Public Authorities Protection Act

73. Landlords' Taxes Act

74. Law Society Act

75. Leaseholds in St. John's Act

76. Legal Aid Act

77. Life and Accident Insurance Agents Licensing Act

78. Life Insurance Act

79. Limitation of Actions Personal and Guarantees Act

80. Limitation of Actions Realty Act

81. Limited Partnership Act

82. Loan Companies and Finance Companies Licensing Act

83. Lodgers' Goods Protection Act

84. Management Accountants Act

85. Mechanics' Lien Act

86. Mentally Incompetent Persons Estates Act

87. Minors Attainment of Majority Act

88. Mobile Home Dealers Act

89. Mortgage Brokers Act

90. National Convention Acts

91. Newfoundland Company of Rangers Act

92. Newfoundland Consumer Protection Act

93. Newfoundland Family Guidance Association Act

94. Newfoundland Hairdressers' Association Act

95. Newfoundland Law Reform Commission Act

96. Act I Geo. V, Cap. 5 (concerning The Newfoundland Marine Insurance Company Ltd. of Newfoundland)

97. Notaries Public Act

98. Oaths Act

99. Oaths of Office Act

100. Partners and Joint Debtors Compromises Act

101. Partnership Act

102. Pension Plans Designation of Beneficiaries Act

103. Perpetuities and Accumulations Act

104. Petty Trespass Act

105. Presumption of Death Act

106. Prisons Act

107. Privacy Act

108. Private Investigation and Security Services Act

109. Proceedings Against the Crown Act

110. Proof of Death Members of Armed Forces Act

111. Provincial Court Act

112. Public Accountancy Act

113. Public Inquiries Act

114. Public Investigation Evidence Act

115. Public Processions Act

116. Public Trustee Act

117. Public Utilities Act

118. Public Utilities Acquisition of Lands Act

119. Queen's Counsel Act

120. Quieting of Titles Act

121. Real Estate Trading Act

122. Reciprocal Enforcement of Judgments Act

123. Reciprocal Enforcement of Support Orders Act

124. Recording of Evidence Act

125. Registration of Deeds Act

126. Registration of Partnerships Act

127. Residential Tenancies Act

128. Royal Newfoundland Constabulary Act

129. Sale of Goods Act

130. Salvage Dealers Licensing Act

131. Securities Act

132. Sheriff's Act

133. Small Claims Act

134. Statutes Act

135. Statutes and Subordinate Legislation Act

136. Summary Proceedings Act

137. Support Orders Enforcement Act

138. Survival of Actions Act

139. Survivorship Act

140. Trade Practices Act

141. Trust and Loan Companies Licensing Act

142. Trustee Act

143. Unconscionable Transactions Relief Act

144. Unified Family Court Act

145. Unsolicited Goods and Credit Cards Act

146. Victims of Crime Services Act

147. Warehouse Receipts Act

148. Warehouser's Lien Act

149. Wills Act

150. Wills Volunteers Act

151. Young Persons Offences Act (with Social Services)

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