Acts and Regulations

2025-14 - General

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2025-14
under the
Justices of the Peace Act
(O.C. 2025-58)
Filed April 22, 2025
Under section 22 of the Justices of the Peace Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation – Justices of the Peace Act.
Definition of “Act”
2In this Regulation, “Act” means the Justices of the Peace Act.
Jurisdiction of justices of the peace
3Subject to section 4, a justice of the peace may exercise the jurisdiction of a judge
(a) under section 515 of the Criminal Code (Canada)
(i) to make release orders without conditions,
(ii) to make release orders with conditions, and
(iii) to make orders detaining an accused in custody until the accused is dealt with according to law,
(b) to adjourn proceedings and to remand an accused to custody under section 516 of the Criminal Code (Canada),
(c) to make orders directing that matters not be published for a specified time under section 517 of the Criminal Code (Canada),
(d) under section 519 of the Criminal Code (Canada)
(i) to issue warrants for the committal of an accused, and
(ii) to issue orders for the discharge from custody of an accused,
(e) under section 128 of the Provincial Offences Procedure Act
(i) to release a defendant if the defendant enters into an undertaking,
(ii) to make orders to detain a defendant in custody until the defendant is dealt with according to law,
(iii) to require a recognizance, with or without sureties,
(iv) to require the deposit of a sum of money or some other satisfactory security under paragraph (3)(b) of that section, and
(v) to adjourn proceedings and to detain a defendant in custody during the adjournment, and
(f) with respect to a matter that is incidental to a power or duty referred to in paragraph (a), (b), (c), (d) or (e).
Limitation on jurisdiction of justices of the peace
4A justice of the peace shall not exercise the jurisdiction of a judge
(a) to make orders under the Criminal Code (Canada) with respect to a young person to whom the Youth Criminal Justice Act (Canada) applies, or
(b) to make orders under the Provincial Offences Procedure Act with respect to a young person to whom the Provincial Offences Procedure for Young Persons Act applies.
Requirement to keep records
5A justice of the peace shall keep a record of all matters before the justice of the peace.
Requirements for money received
6(1)All receipts of money resulting from fines, penalties and forfeitures imposed by a justice of the peace and in payment of court fees, court costs and security for costs shall be deposited in an account in a chartered bank of Canada in the name of “The Minister of Finance and Treasury Board – Provincial Court Account”.
6(2)At the close of business on the fifteenth and last days of each month, the money in the account referred to in subsection (1) shall be transferred to the Minister of Finance and Treasury Board by means of a certified bank transfer payable to the order of that Minister.
6(3)No money shall be withdrawn from the account referred to in subsection (1) except by means of a transfer provided for in subsection (2).
Bail and restitution
7(1)All receipts of money by way of bail and restitution shall be deposited in an account to be known as the “Trust Account – Bail and Restitution – Provincial Court” in a chartered bank of Canada.
7(2)Payments out of the “Trust Account – Bail and Restitution – Provincial Court” shall be by cheque only.
Justice of the peace shall not destroy or dispose of documents
8A justice of the peace shall not destroy or otherwise dispose of any book, record or other document pertaining to the justice of the peace’s office without the permission of the Minister.
Commencement
9This Regulation comes into force on June 1, 2025.
N.B. This Regulation is consolidated to April 22, 2025.