T-16 - Courts of Justice Act

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160. Administrative justices of the peace shall exercise only the powers and functions determined in Schedule IV for the class assigned to them in their notice of appointment.
R. S. 1964, c. 20, s. 170; 1975, c. 7, s. 22; 1992, c. 61, s. 617; 2004, c. 12, s. 1.
160. A justice of the peace who has taken the oaths of allegiance and of office must forthwith deposit, in the office of the Court of Québec for the district, a certificate attesting that the oaths have been taken. The certificate shall form part of the records of that office.
R. S. 1964, c. 20, s. 170; 1975, c. 7, s. 22; 1992, c. 61, s. 617.
160. When not otherwise provided by law, no person shall be a justice of the peace, or act as such in Québec (excepting the Îles-de-la-Madeleine, the islands and islets of Mingan, Anticosti island and all the islands nearest to the north shore of the gulf of St. Lawrence, in the territory bounded as follows: on the west by a meridian established on the land and originating at the north corner of the township of Albert, on the north by parallel 52°55′ North latitude and the watershed of the St. Lawrence river and the Ashuanipi (Hamilton or des Esquimaux) river, on the east by the provincial boundary, on the southeast and south by the gulf of St. Lawrence, and in the territories of Abitibi, Mistassini, Ashuanipi and New Québec), who has not in his actual possession, to and for his own proper use and benefit, immoveable property in absolute ownership, or for life, or by emphyteutic lease, or lease for one or more lives, or originally created for not less than twenty-one years, or by usufructuary possession for his life, in Québec of the value of at least $600, over and above what will satisfy and discharge all incumbrances affecting the same, and over and above all rents and charges payable out of or affecting the same, or who, before he takes upon himself to act as a justice of the peace, does not take and subscribe, before the clerk of the peace or some justice of the peace for the district for which he intends to act, or before a commissioner assigned by dedimuspotestatem to administer oaths and receive declarations, the following oath:
“I, A. B., do swear, that I, truly and bona fide, have, to and for my own proper use and benefit, such property (specifying the same by its local description, rents or anything else) as qualifies me to act as a justice of the peace for the district of , according to the true intent and meaning of section 160 of the Courts of Justice Act (chapter T-16), respecting the qualification of justices of the peace; (nature of such property, whether land, and if land, designating it) and that the same is lying and being (or issuing out of immoveable property, situate) within the township (or parish or seigniory of , or in the several townships, parishes or seigniories of or as the case may be). — So help me God.”
R. S. 1964, c. 20, s. 170; 1975, c. 7, s. 22.
160. When not otherwise provided by law, no person shall be a justice of the peace, or act as such in Québec (excepting in the electoral districts of the Îles-de-la-Madeleine, Duplessis and Saguenay and in the territories of Abitibi, Mistassini, Ashuanipi and New Québec), who has not in his actual possession, to and for his own proper use and benefit, immoveable property in absolute ownership, or for life, or by emphyteutic lease, or lease for one or more lives, or originally created for not less than twenty-one years, or by usufructuary possession for his life, in Québec of the value of at least six hundred dollars, over and above what will satisfy and discharge all incumbrances affecting the same, and over and above all rents and charges payable out of or affecting the same, or who, before he takes upon himself to act as a justice of the peace, does not take and subscribe, before the clerk of the peace or some justice of the peace for the district for which he intends to act, or before a commissioner assigned by dedimuspotestatem to administer oaths and receive declarations, the following oath:
“I, A. B., do swear, that I, truly and bona fide, have, to and for my own proper use and benefit, such property (specifying the same by its local description, rents or anything else) as qualifies me to act as a justice of the peace for the district of , according to the true intent and meaning of section 160 of the Courts of Justice Act (chapter T-16), respecting the qualification of justices of the peace; (nature of such property, whether land, and if land, designating it) and that the same is lying and being (or issuing out of immoveable property, situate) within the township (or parish or seigniory of , or in the several townships, parishes or seigniories of or as the case may be). — So help me God.”
R. S. 1964, c. 20, s. 170.