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T-16 - Courts of Justice Act

Section 164
Disposition versions

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164. Members of a selection committee are not entitled to remuneration, except in such cases, under such conditions and to such extent as may be determined by the Government.
Expenses incurred in the exercise of their functions shall be reimbursed, however, subject to the conditions and to the extent determined by the Government.
R. S. 1964, c. 20, s. 174; 1990, c. 4, s. 885; 1992, c. 61, s. 617; 1996, c. 2, s. 982; 2004, c. 12, s. 1.
164. The clerk of the Court of Québec is ex officio the clerk of the justices of the peace and each of his deputies is competent to act as such.
In a local municipal territory served by a municipal court, the clerk of the municipal court is ex officio the clerk of the justices of the peace and each of his deputies is competent to act as such.
In the other local municipal territories, the clerk or the secretary-treasurer of the municipality is ex officio the clerk of the justices of the peace, unless another clerk of the justices of the peace has been appointed for the territory of that municipality. In such territories, the assistant clerk or the assistant secretary-treasurer, as the case may be, is competent to act.
In territories that are not organized, a justice of the peace may personally select a clerk and is required to inform the clerk of the Court of Québec of the chief-place of the judicial district comprising such territory of the name and address of the selected clerk.
Where, for any reason whatever, the clerk or a person authorized to replace the clerk is unable to act or refuses to act, the justice of the peace may appoint a clerk for the purposes of the cases he has to dispose of at that time. The clerk of the Court of Québec shall be informed without delay of such an appointment.
R. S. 1964, c. 20, s. 174; 1990, c. 4, s. 885; 1992, c. 61, s. 617; 1996, c. 2, s. 982.
164. The clerk of the Court of Québec is ex officio the clerk of the justices of the peace and each of his deputies is competent to act as such.
In a municipality served by a municipal court, the clerk of the municipal court is ex officio the clerk of the justices of the peace and each of his deputies is competent to act as such.
In the other municipalities, the clerk or the secretary-treasurer of the municipality is ex officio the clerk of the justices of the peace, unless another clerk of the justices of the peace has been appointed for that municipality. In such municipalities, the assistant clerk or the assistant secretary-treasurer, as the case may be, is competent to act.
In territories that are not organized into municipalities, a justice of the peace may personally select a clerk and is required to inform the clerk of the Court of Québec of the chief-place of the judicial district comprising such territory of the name and address of the selected clerk.
Where, for any reason whatever, the clerk or a person authorized to replace the clerk is unable to act or refuses to act, the justice of the peace may appoint a clerk for the purposes of the cases he has to dispose of at that time. The clerk of the Court of Québec shall be informed without delay of such an appointment.
R. S. 1964, c. 20, s. 174; 1990, c. 4, s. 885; 1992, c. 61, s. 617.
164. When not otherwise provided, any person who acts as justice of the peace in any district in Québec, without having taken or subscribed the oath mentioned in section 160 or without being qualified according to this subdivision, shall, for every such offence, forfeit the sum of $100.
R. S. 1964, c. 20, s. 174; 1990, c. 4, s. 885.
164. When not otherwise provided, any person who acts as justice of the peace in any district in Québec, without having taken or subscribed the oath mentioned in section 160 or without being qualified according to this subdivision, shall, for every such offence, forfeit the sum of $100, one-half to the Crown and the other half to such person as shall sue therefor, to be recovered, with costs of suit, by civil action, or by information, in any court having competent jurisdiction in the district wherein the offence has been committed; and, in every such action, suit or information, the proof of his qualification shall be upon the defendant.
R. S. 1964, c. 20, s. 174.
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