Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

T-16 - Courts of Justice Act

Schedule
Disposition versions

Full text
SCHEDULE IV

(Sections 160 and 181)

POWERS AND FUNCTIONS OF ADMINISTRATIVE JUSTICES OF THE PEACE

(1) WITHIN THE COURT OF QUÉBEC AND THE SUPERIOR COURT:

CLASS 1

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— issuing summons or subpoenas to witnesses;

— issuing orders for discharge (section 519(2) of the Criminal Code (R.S.C. 1985, c. C-46)).

CLASS 2

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— authorizing a method of service (articles 20.2, 22.1 and 24 of the Code of Penal Procedure (chapter C-25.1));

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— authorizing appearances from a distance using a technological means (article 89.1 of the Code of Penal Procedure);

— endorsing arrest warrants;

— receiving reports of property seized with or without a warrant, and ordering the detention or return of that property;

— ruling on other uncontested applications pertaining to the disposal of property seized with or without a warrant;

— determining to whom the notice provided for in subsection 5 of section 26 of the Youth Criminal Justice Act (S.C. 2002, c. 1) must be given;

— declaring prescription interrupted (article 15 of the Code of Penal Procedure);

— issuing an order to validate irregular service (article 29 of the Code of Penal Procedure);

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices and undertakings, and issuing a summons if necessary (section 508 of the Criminal Code);

— issuing orders for discharge (section 519(2) of the Criminal Code);

— ordering the detention in custody of an accused charged with an offence listed in section 469 and issuing a warrant for committal (section 515(11) of the Criminal Code);

— trying proceedings by default under Division II of Chapter VI of the Code of Penal Procedure and rendering judgment under Division I.1 of Chapter VII of that Code, and, in that connection,

• exercising the powers conferred on a judge by that division;

• in the cases described in subparagraph 1 of the first paragraph of article 243 of the Code of Penal Procedure, rectifying a judgment after rendering it, provided that the correction is not unfavourable to the defendant.

However, when exercising the functions and powers conferred by Division II of Chapter VI or by Division I.1 of Chapter VII of the Code of Penal Procedure, an administrative justice of the peace may not

• make an order to regularize an irregular service (article 29 of the Code of Penal Procedure);

• make an order for the disposition of things seized (article 222 of the Code of Penal Procedure);

• grant or dismiss an application for revocation of judgment (articles 250 and 257 of the Code of Penal Procedure);

• make an order concerning the reduction of costs (article 262 of the Code of Penal Procedure).

(2) WITHIN MUNICIPAL COURTS:

CLASS 1

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— authorizing a method of service (articles 20.2, 22.1 and 24 of the Code of Penal Procedure);

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— endorsing arrest warrants;

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices and undertakings, and issuing a summons if necessary (section 508 of the Criminal Code);

CLASS 2

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— authorizing a method of service (articles 20.2, 22.1 and 24 of the Code of Penal Procedure);

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— authorizing appearances from a distance using a technological means (article 89.1 of the Code of Penal Procedure);

— endorsing arrest warrants;

— receiving reports of property seized with or without a warrant, and ordering the detention or return of that property;

— ruling on other uncontested applications related to the disposal of property seized with or without a warrant;

— declaring prescription interrupted (article 15 of the Code of Penal Procedure);

— issuing an order to validate irregular service (article 29 of the Code of Penal Procedure);

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices and undertakings, and issuing a summons if necessary (section 508 of the Criminal Code);

— trying proceedings by default under Division II of Chapter VI of the Code of Penal Procedure and rendering judgment under Division I.1 of Chapter VII of that Code, and, in that connection,

• exercising the powers conferred on a judge by that division;

• in the cases described in subparagraph 1 of the first paragraph of article 243 of the Code of Penal Procedure, rectifying a judgment after rendering it, provided that the correction is not unfavourable to the defendant.

However, when exercising the functions and powers conferred by Division II of Chapter VI or by Division I.1 of Chapter VII of the Code of Penal Procedure, an administrative justice of the peace may not

• make an order to regularize an irregular service (article 29 of the Code of Penal Procedure);

• make an order for the disposition of things seized (article 222 of the Code of Penal Procedure);

• grant or dismiss an application for revocation of judgment (articles 250 and 257 of the Code of Penal Procedure);

• make an order concerning the reduction of costs (article 262 of the Code of Penal Procedure).

All classes of administrative justices of the peace also exercise the powers, not otherwise excluded by this schedule, which are incidental or complementary to the powers and functions conferred above.
2004, c. 12, s. 20; 2005, c. 27, s. 23; O.C. 1233-2019 of 11.12.2019, (2019) 151 G.O. 2, 3129; 2020, c. 12, s. 74; O.C. 39-2022 of 12.01.2022, (2022) 154 G.O. 2, 186.
SCHEDULE IV

(Sections 160 and 181)

POWERS AND FUNCTIONS OF ADMINISTRATIVE JUSTICES OF THE PEACE

(1) WITHIN THE COURT OF QUÉBEC AND THE SUPERIOR COURT:

CLASS 1

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— issuing summons or subpoenas to witnesses;

— issuing orders for discharge (section 519(2) of the Criminal Code (R.S.C. 1985, c. C-46)).

CLASS 2

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— authorizing a method of service (articles 20.2, 22.1 and 24 of the Code of Penal Procedure (chapter C-25.1));

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— presiding at an appearance for the purpose of making a release order not objected to by the prosecutor, subject to conditions mutually agreed by the parties;

— authorizing appearances from a distance using a technological means (article 89.1 of the Code of Penal Procedure);

— endorsing arrest warrants;

— receiving reports of property seized with or without a warrant, and ordering the detention or return of that property;

— ruling on other uncontested applications pertaining to the disposal of property seized with or without a warrant;

— determining to whom the notice provided for in subsection 5 of section 26 of the Youth Criminal Justice Act (S.C. 2002, c. 1) must be given;

— declaring prescription interrupted (article 15 of the Code of Penal Procedure);

— issuing an order to validate irregular service (article 29 of the Code of Penal Procedure);

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices and undertakings, and issuing a summons if necessary (section 508 of the Criminal Code);

— issuing orders for discharge (section 519(2) of the Criminal Code);

— ordering the detention in custody of an accused charged with an offence listed in section 469 and issuing a warrant for committal (section 515(11) of the Criminal Code);

— trying proceedings by default under Division II of Chapter VI of the Code of Penal Procedure and rendering judgment under Division I.1 of Chapter VII of that Code, and, in that connection,

• exercising the powers conferred on a judge by that division;

• in the cases described in subparagraph 1 of the first paragraph of article 243 of the Code of Penal Procedure, rectifying a judgment after rendering it, provided that the correction is not unfavourable to the defendant.

However, when exercising the functions and powers conferred by Division II of Chapter VI or by Division I.1 of Chapter VII of the Code of Penal Procedure, an administrative justice of the peace may not

• make an order to regularize an irregular service (article 29 of the Code of Penal Procedure);

• make an order for the disposition of things seized (article 222 of the Code of Penal Procedure);

• grant or dismiss an application for revocation of judgment (articles 250 and 257 of the Code of Penal Procedure);

• make an order concerning the reduction of costs (article 262 of the Code of Penal Procedure).

(2) WITHIN MUNICIPAL COURTS:

CLASS 1

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— authorizing a method of service (articles 20.2, 22.1 and 24 of the Code of Penal Procedure);

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— presiding at an appearance for the purpose of making a release order not objected to by the prosecutor, subject to conditions mutually agreed by the parties;

— endorsing arrest warrants;

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices and undertakings, and issuing a summons if necessary (section 508 of the Criminal Code);

CLASS 2

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— authorizing a method of service (articles 20.2, 22.1 and 24 of the Code of Penal Procedure);

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— presiding at an appearance for the purpose of making a release order not objected to by the prosecutor, subject to conditions determined mutually agreed by the parties;

— authorizing appearances from a distance using a technological means (article 89.1 of the Code of Penal Procedure);

— endorsing arrest warrants;

— receiving reports of property seized with or without a warrant, and ordering the detention or return of that property;

— ruling on other uncontested applications related to the disposal of property seized with or without a warrant;

— declaring prescription interrupted (article 15 of the Code of Penal Procedure);

— issuing an order to validate irregular service (article 29 of the Code of Penal Procedure);

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices and undertakings, and issuing a summons if necessary (section 508 of the Criminal Code);

— trying proceedings by default under Division II of Chapter VI of the Code of Penal Procedure and rendering judgment under Division I.1 of Chapter VII of that Code, and, in that connection,

• exercising the powers conferred on a judge by that division;

• in the cases described in subparagraph 1 of the first paragraph of article 243 of the Code of Penal Procedure, rectifying a judgment after rendering it, provided that the correction is not unfavourable to the defendant.

However, when exercising the functions and powers conferred by Division II of Chapter VI or by Division I.1 of Chapter VII of the Code of Penal Procedure, an administrative justice of the peace may not

• make an order to regularize an irregular service (article 29 of the Code of Penal Procedure);

• make an order for the disposition of things seized (article 222 of the Code of Penal Procedure);

• grant or dismiss an application for revocation of judgment (articles 250 and 257 of the Code of Penal Procedure);

• make an order concerning the reduction of costs (article 262 of the Code of Penal Procedure).

All classes of administrative justices of the peace also exercise the powers, not otherwise excluded by this schedule, which are incidental or complementary to the powers and functions conferred above.
2004, c. 12, s. 20; 2005, c. 27, s. 23; O.C. 1233-2019 of 11.12.2019, (2019) 151 G.O. 2, 3129; 2020, c. 12, s. 74.
SCHEDULE IV

(Sections 160 and 181)

POWERS AND FUNCTIONS OF ADMINISTRATIVE JUSTICES OF THE PEACE

(1) WITHIN THE COURT OF QUÉBEC AND THE SUPERIOR COURT:

CLASS 1

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— issuing summons or subpoenas to witnesses;

— issuing orders for discharge (section 519(2) of the Criminal Code (R.S.C. 1985, c. C-46)).

CLASS 2

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— authorizing a special method of service (article 24 of the Code of Penal Procedure (chapter C-25.1));

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— presiding at an appearance for the purpose of making a release order not objected to by the prosecutor, subject to conditions mutually agreed by the parties;

— authorizing appearances from a distance using a technological means (article 89.1 of the Code of Penal Procedure);

— endorsing arrest warrants;

— receiving reports of property seized with or without a warrant, and ordering the detention or return of that property;

— ruling on other uncontested applications pertaining to the disposal of property seized with or without a warrant;

— determining to whom the notice provided for in subsection 5 of section 26 of the Youth Criminal Justice Act (S.C. 2002, c. 1) must be given;

— declaring prescription interrupted (article 15 of the Code of Penal Procedure);

— issuing an order to validate irregular service (article 29 of the Code of Penal Procedure);

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices and undertakings, and issuing a summons if necessary (section 508 of the Criminal Code);

— issuing orders for discharge (section 519(2) of the Criminal Code);

— ordering the detention in custody of an accused charged with an offence listed in section 469 and issuing a warrant for committal (section 515(11) of the Criminal Code);

— trying proceedings by default under Division II of Chapter VI of the Code of Penal Procedure and rendering judgment under Division I.1 of Chapter VII of that Code, and, in that connection,

• exercising the powers conferred on a judge by that division;

• in the cases described in subparagraph 1 of the first paragraph of article 243 of the Code of Penal Procedure, rectifying a judgment after rendering it, provided that the correction is not unfavourable to the defendant.

However, when exercising the functions and powers conferred by Division II of Chapter VI or by Division I.1 of Chapter VII of the Code of Penal Procedure, an administrative justice of the peace may not

• make an order to regularize an irregular service (article 29 of the Code of Penal Procedure);

• make an order for the disposition of things seized (article 222 of the Code of Penal Procedure);

• grant or dismiss an application for revocation of judgment (articles 250 and 257 of the Code of Penal Procedure);

• make an order concerning the reduction of costs (article 262 of the Code of Penal Procedure).

(2) WITHIN MUNICIPAL COURTS:

CLASS 1

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— authorizing a special method of service (article 24 of the Code of Penal Procedure);

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— presiding at an appearance for the purpose of making a release order not objected to by the prosecutor, subject to conditions mutually agreed by the parties;

— endorsing arrest warrants;

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices and undertakings, and issuing a summons if necessary (section 508 of the Criminal Code);

CLASS 2

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— authorizing a special method of service (article 24 of the Code of Penal Procedure);

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— presiding at an appearance for the purpose of making a release order not objected to by the prosecutor, subject to conditions determined mutually agreed by the parties;

— authorizing appearances from a distance using a technological means (article 89.1 of the Code of Penal Procedure);

— endorsing arrest warrants;

— receiving reports of property seized with or without a warrant, and ordering the detention or return of that property;

— ruling on other uncontested applications related to the disposal of property seized with or without a warrant;

— declaring prescription interrupted (article 15 of the Code of Penal Procedure);

— issuing an order to validate irregular service (article 29 of the Code of Penal Procedure);

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices and undertakings, and issuing a summons if necessary (section 508 of the Criminal Code);

— trying proceedings by default under Division II of Chapter VI of the Code of Penal Procedure and rendering judgment under Division I.1 of Chapter VII of that Code, and, in that connection,

• exercising the powers conferred on a judge by that division;

• in the cases described in subparagraph 1 of the first paragraph of article 243 of the Code of Penal Procedure, rectifying a judgment after rendering it, provided that the correction is not unfavourable to the defendant.

However, when exercising the functions and powers conferred by Division II of Chapter VI or by Division I.1 of Chapter VII of the Code of Penal Procedure, an administrative justice of the peace may not

• make an order to regularize an irregular service (article 29 of the Code of Penal Procedure);

• make an order for the disposition of things seized (article 222 of the Code of Penal Procedure);

• grant or dismiss an application for revocation of judgment (articles 250 and 257 of the Code of Penal Procedure);

• make an order concerning the reduction of costs (article 262 of the Code of Penal Procedure).

All classes of administrative justices of the peace also exercise the powers, not otherwise excluded by this schedule, which are incidental or complementary to the powers and functions conferred above.
2004, c. 12, s. 20; 2005, c. 27, s. 23; O.C. 1233-2019 of 11.12.2019, (2019) 151 G.O. 2, 3129; 2020, c. 12, s. 74.
SCHEDULE IV

(Sections 160 and 181)

POWERS AND FUNCTIONS OF ADMINISTRATIVE JUSTICES OF THE PEACE

(1) WITHIN THE COURT OF QUÉBEC AND THE SUPERIOR COURT:

CLASS 1

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— issuing summons or subpoenas to witnesses;

— issuing orders for discharge (section 519(2) of the Criminal Code (R.S.C. 1985, c. C-46)).

CLASS 2

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— authorizing a special method of service (article 24 of the Code of Penal Procedure (chapter C-25.1));

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— presiding at an appearance for the purpose of making a release order not objected to by the prosecutor, subject to conditions mutually agreed by the parties;

— endorsing arrest warrants;

— receiving reports of property seized with or without a warrant, and ordering the detention or return of that property;

— ruling on other uncontested applications pertaining to the disposal of property seized with or without a warrant;

— determining to whom the notice provided for in subsection 5 of section 26 of the Youth Criminal Justice Act (S.C. 2002, c. 1) must be given;

— declaring prescription interrupted (article 15 of the Code of Penal Procedure);

— issuing an order to validate irregular service (article 29 of the Code of Penal Procedure);

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices and undertakings, and issuing a summons if necessary (section 508 of the Criminal Code);

— issuing orders for discharge (section 519(2) of the Criminal Code);

— ordering the detention in custody of an accused charged with an offence listed in section 469 and issuing a warrant for committal (section 515(11) of the Criminal Code);

— trying proceedings by default under Division II of Chapter VI of the Code of Penal Procedure and rendering judgment under Division I.1 of Chapter VII of that Code, and, in that connection,

• exercising the powers conferred on a judge by that division;

• in the cases described in subparagraph 1 of the first paragraph of article 243 of the Code of Penal Procedure, rectifying a judgment after rendering it, provided that the correction is not unfavourable to the defendant.

However, when exercising the functions and powers conferred by Division II of Chapter VI or by Division I.1 of Chapter VII of the Code of Penal Procedure, an administrative justice of the peace may not

• make an order to regularize an irregular service (article 29 of the Code of Penal Procedure);

• make an order for the disposition of things seized (article 222 of the Code of Penal Procedure);

• grant or dismiss an application for revocation of judgment (articles 250 and 257 of the Code of Penal Procedure);

• make an order concerning the reduction of costs (article 262 of the Code of Penal Procedure).

(2) WITHIN MUNICIPAL COURTS:

CLASS 1

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— authorizing a special method of service (article 24 of the Code of Penal Procedure);

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— presiding at an appearance for the purpose of making a release order not objected to by the prosecutor, subject to conditions mutually agreed by the parties;

— endorsing arrest warrants;

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices and undertakings, and issuing a summons if necessary (section 508 of the Criminal Code);

CLASS 2

Under the Statutes of Québec and federal statutes:

— receiving informations and declarations of a person named as a surety;

— issuing summons;

— authorizing a special method of service (article 24 of the Code of Penal Procedure);

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— presiding at an appearance for the purpose of making a release order not objected to by the prosecutor, subject to conditions determined mutually agreed by the parties;

— endorsing arrest warrants;

— receiving reports of property seized with or without a warrant, and ordering the detention or return of that property;

— ruling on other uncontested applications related to the disposal of property seized with or without a warrant;

— declaring prescription interrupted (article 15 of the Code of Penal Procedure);

— issuing an order to validate irregular service (article 29 of the Code of Penal Procedure);

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices and undertakings, and issuing a summons if necessary (section 508 of the Criminal Code);

— trying proceedings by default under Division II of Chapter VI of the Code of Penal Procedure and rendering judgment under Division I.1 of Chapter VII of that Code, and, in that connection,

• exercising the powers conferred on a judge by that division;

• in the cases described in subparagraph 1 of the first paragraph of article 243 of the Code of Penal Procedure, rectifying a judgment after rendering it, provided that the correction is not unfavourable to the defendant.

However, when exercising the functions and powers conferred by Division II of Chapter VI or by Division I.1 of Chapter VII of the Code of Penal Procedure, an administrative justice of the peace may not

• make an order to regularize an irregular service (article 29 of the Code of Penal Procedure);

• make an order for the disposition of things seized (article 222 of the Code of Penal Procedure);

• grant or dismiss an application for revocation of judgment (articles 250 and 257 of the Code of Penal Procedure);

• make an order concerning the reduction of costs (article 262 of the Code of Penal Procedure).

All classes of administrative justices of the peace also exercise the powers, not otherwise excluded by this schedule, which are incidental or complementary to the powers and functions conferred above.
2004, c. 12, s. 20; 2005, c. 27, s. 23; O.C. 1233-2019 of 11.12.2019, (2019) 151 G.O. 2, 3129.
SCHEDULE IV

(Sections 160 and 181)

POWERS AND FUNCTIONS OF ADMINISTRATIVE JUSTICES OF THE PEACE

(1) WITHIN THE COURT OF QUÉBEC AND THE SUPERIOR COURT:

CLASS 1

Under the Statutes of Québec and federal statutes:

— receiving informations, undertakings and recognizances;

— issuing summons;

— issuing summons or subpoenas to witnesses;

— issuing orders for discharge (section 519(2) of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46)).

CLASS 2

Under the Statutes of Québec and federal statutes:

— receiving informations, undertakings and recognizances;

— issuing summons;

— authorizing a special method of service (article 24 of the Code of Penal Procedure (chapter C-25.1));

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— presiding at an appearance for the purpose of ordering an interim release not objected to by the prosecutor, on an undertaking or a recognizance, subject to conditions mutually agreed by the parties;

— issuing, with the consent of the parties, orders revising the conditions of release required by a peace officer or an officer in charge, as provided for in subsections 2.2 and 2.3 of section 503 of the Criminal Code;

— endorsing arrest warrants and search warrants;

— receiving reports of property seized with or without a warrant, and ordering the detention or return of that property;

— ruling on other uncontested applications pertaining to the disposal of property seized with or without a warrant;

— determining to whom the notice provided for in subsection 5 of section 26 of the Youth Criminal Justice Act (Statutes of Canada, 2002, chapter 1) must be given;

— declaring prescription interrupted (article 15 of the Code of Penal Procedure);

— issuing an order to validate irregular service (article 29 of the Code of Penal Procedure);

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices, promises to appear or recognizances, and issuing a summons if necessary (section 508 of the Criminal Code);

— issuing orders for discharge (section 519(2) of the Criminal Code);

— ordering the detention in custody of an accused charged with an offence listed in section 469 and issuing a warrant for committal (section 515(11) of the Criminal Code);

— trying proceedings by default under Division II of Chapter VI of the Code of Penal Procedure and rendering judgment under Division I.1 of Chapter VII of that Code, and, in that connection,

• exercising the powers conferred on a judge by that division;

• in the cases described in subparagraph 1 of the first paragraph of article 243 of the Code of Penal Procedure, rectifying a judgment after rendering it, provided that the correction is not unfavourable to the defendant.

However, when exercising the functions and powers conferred by Division II of Chapter VI or by Division I.1 of Chapter VII of the Code of Penal Procedure, an administrative justice of the peace may not

• make an order to regularize an irregular service (article 29 of the Code of Penal Procedure);

• make an order for the disposition of things seized (article 222 of the Code of Penal Procedure);

• grant or dismiss an application for revocation of judgment (articles 250 and 257 of the Code of Penal Procedure);

• make an order concerning the reduction of costs (article 262 of the Code of Penal Procedure).

(2) WITHIN MUNICIPAL COURTS :

CLASS 1

Under the Statutes of Québec and federal statutes:

— receiving informations, undertakings and recognizances;

— issuing summons;

— authorizing a special method of service (article 24 of the Code of Penal Procedure);

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— presiding at an appearance for the purpose of ordering an interim release not objected to by the prosecutor, on an undertaking or a recognizance, subject to conditions mutually agreed by the parties;

— issuing, with the consent of the parties, orders revising the conditions of release required by a peace officer or an officer in charge, as provided for in subsections 2.2 and 2.3 of section 503 of the Criminal Code;

— endorsing arrest warrants;

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices, promises to appear or recognizances, and issuing a summons if necessary (section 508 of the Criminal Code).

CLASS 2

Under the Statutes of Québec and federal statutes:

— receiving informations, undertakings and recognizances;

— issuing summons;

— authorizing a special method of service (article 24 of the Code of Penal Procedure);

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— presiding at an appearance for the purpose of ordering an interim release not objected to by the prosecutor, on an undertaking or a recognizance, subject to conditions determined mutually agreed by the parties;

— issuing, with the consent of the parties, orders revising the conditions of release required by a peace officer or an officer in charge, as provided for in subsections 2.2 and 2.3 of section 503 of the Criminal Code;

— endorsing arrest warrants and search warrants;

— receiving reports of property seized with or without a warrant, and ordering the detention or return of that property;

— ruling on other uncontested applications related to the disposal of property seized with or without a warrant;

— declaring prescription interrupted (article 15 of the Code of Penal Procedure);

— issuing an order to validate irregular service (article 29 of the Code of Penal Procedure);

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices, promises to appear or recognizances, and issuing a summons if necessary (section 508 of the Criminal Code);

— trying proceedings by default under Division II of Chapter VI of the Code of Penal Procedure and rendering judgment under Division I.1 of Chapter VII of that Code, and, in that connection,

• exercising the powers conferred on a judge by that division;

• in the cases described in subparagraph 1 of the first paragraph of article 243 of the Code of Penal Procedure, rectifying a judgment after rendering it, provided that the correction is not unfavourable to the defendant.

However, when exercising the functions and powers conferred by Division II of Chapter VI or by Division I.1 of Chapter VII of the Code of Penal Procedure, an administrative justice of the peace may not

• make an order to regularize an irregular service (article 29 of the Code of Penal Procedure);

• make an order for the disposition of things seized (article 222 of the Code of Penal Procedure);

• grant or dismiss an application for revocation of judgment (articles 250 and 257 of the Code of Penal Procedure);

• make an order concerning the reduction of costs (article 262 of the Code of Penal Procedure).

All classes of administrative justices of the peace also exercise the powers, not otherwise excluded by this schedule, which are incidental or complementary to the powers and functions conferred above.
2004, c. 12, s. 20; 2005, c. 27, s. 23.
SCHEDULE IV

(Sections 160 and 181)

POWERS AND FUNCTIONS OF ADMINISTRATIVE JUSTICES OF THE PEACE

(1) WITHIN THE COURT OF QUÉBEC AND THE SUPERIOR COURT:

CLASS 1

Under the Statutes of Québec and federal statutes:

— receiving informations, undertakings and recognizances;

— issuing summons;

— issuing summons or subpoenas to witnesses;

— issuing orders for discharge (section 519(2) of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46)).

CLASS 2

Under the Statutes of Québec and federal statutes:

— receiving informations, undertakings and recognizances;

— issuing summons;

— authorizing a special method of service (article 24 of the Code of Penal Procedure (chapter C-25.1));

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— presiding at an appearance for the purpose of ordering an interim release not objected to by the prosecutor, on an undertaking or a recognizance, subject to conditions mutually agreed by the parties;

— issuing, with the consent of the parties, orders revising the conditions of release required by a peace officer or an officer in charge, as provided for in subsections 2.2 and 2.3 of section 503 of the Criminal Code;

— endorsing arrest warrants and search warrants;

— receiving reports of property seized with or without a warrant, and ordering the detention or return of that property;

— ruling on other uncontested applications pertaining to the disposal of property seized with or without a warrant;

— determining to whom the notice provided for in subsection 5 of section 26 of the Youth Criminal Justice Act (Statutes of Canada, 2002, chapter 1) must be given;

— authorizing the withdrawal of a count (article 12 of the Code of Penal Procedure);

— declaring prescription interrupted (article 15 of the Code of Penal Procedure);

— issuing an order to validate irregular service (article 29 of the Code of Penal Procedure);

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices, promises to appear or recognizances, and issuing a summons if necessary (section 508 of the Criminal Code);

— issuing orders for discharge (section 519(2) of the Criminal Code);

— ordering the detention in custody of an accused charged with an offence listed in section 469 and issuing a warrant for committal (section 515(11) of the Criminal Code).

(2) WITHIN MUNICIPAL COURTS :

CLASS 1

Under the Statutes of Québec and federal statutes:

— receiving informations, undertakings and recognizances;

— issuing summons;

— authorizing a special method of service (article 24 of the Code of Penal Procedure);

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— presiding at an appearance for the purpose of ordering an interim release not objected to by the prosecutor, on an undertaking or a recognizance, subject to conditions mutually agreed by the parties;

— issuing, with the consent of the parties, orders revising the conditions of release required by a peace officer or an officer in charge, as provided for in subsections 2.2 and 2.3 of section 503 of the Criminal Code;

— endorsing arrest warrants;

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices, promises to appear or recognizances, and issuing a summons if necessary (section 508 of the Criminal Code).

CLASS 2

Under the Statutes of Québec and federal statutes:

— receiving informations, undertakings and recognizances;

— issuing summons;

— authorizing a special method of service (article 24 of the Code of Penal Procedure);

— issuing summons or subpoenas to witnesses;

— adjourning proceedings with the consent of the parties;

— presiding at an appearance for the purpose of ordering an interim release not objected to by the prosecutor, on an undertaking or a recognizance, subject to conditions determined mutually agreed by the parties;

— issuing, with the consent of the parties, orders revising the conditions of release required by a peace officer or an officer in charge, as provided for in subsections 2.2 and 2.3 of section 503 of the Criminal Code;

— endorsing arrest warrants and search warrants;

— receiving reports of property seized with or without a warrant, and ordering the detention or return of that property;

— ruling on other uncontested applications related to the disposal of property seized with or without a warrant;

— authorizing the withdrawal of a count (article 12 of the Code of Penal Procedure);

— declaring prescription interrupted (article 15 of the Code of Penal Procedure);

— issuing an order to validate irregular service (article 29 of the Code of Penal Procedure);

— reducing the minimum time for service of a summons, unless the witness is a minister or a deputy minister of the Government or a judge (article 41 of the Code of Penal Procedure);

— confirming or cancelling appearance notices, promises to appear or recognizances, and issuing a summons if necessary (section 508 of the Criminal Code).

All classes of administrative justices of the peace also exercise the powers, not otherwise excluded by this schedule, which are incidental or complementary to the powers and functions conferred above.
2004, c. 12, s. 20.
© Gouvernement du Québec