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This page contains links to a number of
issues that are often the subject of questions from the public. The
following are some of the broad areas of frequently asked questions
(FAQs):
THE JUDICIAL SYSTEM: Questions dealing with various aspects
of the Newfoundland judicial system. Topics:
LEGISLATION: Questions dealing with Newfoundland legislation
and the legislative process. Topics:
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PERSONAL:
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Questions dealing with various aspects of everyday
living and how the Department of Justice may be involved. Topics:
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Commissioner for Oaths
- What is the
process of applying for a Commissioner For Oaths?
- How much does
it cost to become a Commissioner For Oaths?
- How long are
appointments for?
- Does a Mayor
or Chairperson of
a Municipality have to apply to become a Commissioner For Oaths?
- What is the
process of applying for a Commissioner for Oaths? A
Commissioner for Oaths Application must be completed and submitted
to the Deputy Minister of Justice. This applies to new requests
and renewals. Application forms are available online for both the
Public and for
Government Employees.
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- How much does
it cost to become a Commissioner for Oaths? There is a
fee of $50.00 (cheque) which is to be made payable to the
Newfoundland Exchequer. This cheque must be enclosed with above
letter
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- How long are
appointments for? Appointments are for five years.
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- Does a Mayor
or Chairperson of a Municipality have to apply to become a Commissioner For
Oaths? Every Mayor and Chairperson of every municipality in the Province
is, by virtue of office, a Commissioner for Oaths for the period
they hold office.
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NOTARIES PUBLIC
- What is the
process of applying for a Notary Public?
- What is the cost
to become a Notary Public?
- How long are
appointments for?
- What is the
process of applying for a Notary Public?
A letter must be
written to the Deputy Minister of Justice stating place of
employment and occupation. If the applicant is from outside the
legal profession, they must submit their reason for wanting to
become a Notary Public. A Statutory Affidavit must be attached to
correspondence stating name, place of birth and present residence.
This affadavit must signed and witnessed by a Notary Public or
Commissioner For Oaths.
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- What is the
cost to become a Notary Public?
There is a fee of $500.00 (cheque or money order) that must be
made payable to the Newfoundland Exchequer.
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- How long are
appointments for?
A Notary Public is appointed for life.
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JUSTICES OF THE PEACE
- How does a
person apply to become a Justice of the Peace?
- Can a Justice
of the Peace perform marriages?
- How does a
person apply to become a Justice of the Peace?
The present policy of the Department is to restrict the
appointment of Justices of the Peace to personnel in the
Provincial and Supreme Courts.
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- Can a Justice
of the Peace perform marriages?
No. In Newfoundland a civil marriage ceremony can only be
performed by the Mayors of St. John's, Mount
Pearl and Corner Brook and
Provincial Court Judges.
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POWERS OF THE MINISTER OF JUSTICE
- Can the Minister
of Justice overturn a decision of a Judge with respect to any
matter before the Courts?
- Can the
Minister of Justice overturn a decision of a Judge with respect to
any matter before the Courts?
No. Judges are totally independent of the Department of Justice
and it is not appropriate for the Minister to become involved in
any way. The only recourse for an individual not satisfied with a
decision of a particular Judge is to appeal the matter to a higher
Court. This can be done provided there are grounds for appeal.
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COMPLAINTS PROCEDURES
- How does a
person lodge a formal complaint against the conduct of a Judge?
- How does a
person lodge a formal complaint against an officer of the Royal
Canadian Mounted Police?
How does a
person lodge a formal complaint against an officer of the Royal
Newfoundland Constabulary?
- If a person
registers a complaint with the Commission against the RNC, will it
be made public?
- How does a
person lodge a formal complaint against the conduct of a Judge?
A complaint against a Provincial Court Judge must be made in
writing to the Judicial Council of Newfoundland, P.O. Box 937. St.
John's, NF, A1C 5M3. With respect to Supreme Court Judges,
complaints must be made in writing to the Canadian Judicial
Council, 112 Kent Street, Suite 450, Ottawa, Ontario, K1A 0W8.
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- How does a
person lodge a formal complaint against an officer of the Royal
Canadian Mounted Police?
A complaint against an officer of the Royal
Canadian Mounted Police must be made in writing to the RCMP
Complaints Commission, P.O. Box 3423, Station D, Ottawa, K1P 6L4.
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- How does a
person lodge a formal complaint against an officer of the Royal
Newfoundland Constabulary?
Any member of the public can go directly to the:
Public Complaints Commission
Suite E-160
Bally Rou Place
280 Torbay Rd.
St. John's, NL, A1A 3W8
Tel. (709)729-0950
Fax (709)729-0053)
or any detachment of the RNC and complete a Complaints Form. A
complaint against an officer of the Royal Newfoundland
Constabulary must be made in writing. The form can then be sent to
the Royal Newfoundland Constabulary Complaints Commission, P.O.
Box 21128, St. John's, NF, A1A 5B2. Forms can also be mailed out
upon request. Telephone complaints cannot be acted upon; they must
be registered with the Commission by completion of the prescribed
forms.
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- If a person
registers a complaint with the Commission against the RNC, will it
be made public?
No information is released by the Commission to the media
regarding a complaint. When a complaint registered with the
commission is made public, it is usually because of action taken
by the Complainant.
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COMMUNITY CORRECTIONS
- What is Adult
Probation?
- What is a
Probation Order?
- Who is a
Probation Officer?
- What will
happen if probation conditions are not met?
- How long can a
Probation Order last?
- What is
Community Service?
- What is
Electronic Monitoring?
- Who is
eligible for the Electronic Monitoring Program?
- Are offenders
on the Electronic Monitoring Program (EMP) Program allowed out of
their homes?
- What is
Adult Probation?
Probation is a court imposed, community-based sentence designed
for offenders who require supervision, control and counselling to
develop their potential as law abiding members of the community.
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- What is a
Probation Order?
A probation order is a legal document which outlines the
conditions an offender must fulfill while on probation. The
standard conditions requires the offenders to keep the peace and
be of good behaviour and to appear before the court when required
to do so. Depending upon their individual needs offenders may be
required to:
- participate in counselling programs
- abstain from the use of alcohol and/or other prohibited drugs
- make restitution for any damages caused
- perform community service work.
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- Who is a
Probation Officer?
A probation officer is a trained professional who conducts
investigations, prepares pre-sentence reports for the courts and
supervises offenders within the community. A probation officer
assesses the offender to determine the risk of re-offending and to
identify individual needs.
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- What will
happen if probation conditions are not met?
An offender who fails to comply with the conditions of a
probation order may be charged pursuant to Section 733.1(1) of
the Criminal Code of Canada.
Failure to comply can result in either an indictable offence
punishable by a maximum imprisonment of two years or a summary
conviction carrying a term of imprisonment for up to six months
and/or a fine up to $2000.00
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- How long can
a Probation Order last?
A sentencing judge may issue a probation order for any length of
time up to a maximum of three years.
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- What is
Community Service?
A Community Service Order (CSO) may be imposed by the court as
an alternative to imprisonment. It requires an adult offender to
perform volunteer work for a non-profit agency in the community as
one of the conditions of a Probation Order.
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- What is
Electronic Monitoring?
Electronic Monitoring is a system for keeping track of offenders
who are serving their prison sentences in the community. The
system includes a portable transmitter which offenders wear around
their ankle. This unit sends out a radio signal that is picked up
by a receiver attached to an offenders' home telephone. The signal
is monitored 24 hours a day by Adult Corrections staff.
If the equipment is tampered with, or if offenders leave their
homes without permission, Adult Corrections staff are alerted.
Offenders can be returned to custody if they violate any program
conditions.
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- Who is eligible
for the Electronic Monitoring Program?
Offenders must agree to participate in the program and meet the
following criteria:
- they must have no pattern of violence in their history
- they must be serving a short sentence or be nearing the
completion of a longer sentence
- they must be willing to obey the rules of the program and
accept its restrictions
- they must be serving a sentence of 2 years of less.
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- Are
offenders on the Electronic Monitoring Program (EMP) Program
allowed out of their homes?
Offenders must stay inside their homes unless they have
permission to leave. Permission to be absent during specific times
will usually be given for the following reasons:
- to attend community-based counselling programs
- to work
- to attend school
- to obtain medical care
- to participate in activities beneficial to the community
and/or offender.
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VICTIM SERVICES
- When should I
contact Victim Services?
- Does Victim
Services provide long-term counselling?
- Is financial
compensation available to victims through Victim Services?
- Do I have to speak to
the police in order to receive assistance from Victim Services?
- If I don’t live in a
community with a Victim Services Office, can I still receive
assistance?
- When should
I contact Victim Services?
You can call the nearest Victim Services office anytime after a
crime has taken place. It is usually best to contact Victim
Services as early as possible. You may contact Victim Services
yourself or you may be referred by another professional. It is not
necessary that charges be laid by the police.
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- Does Victim
Services provide long-term counselling?
No. Victim Services provides only short-term supportive
counselling. Victim Services has implemented a Professional
Services Program to meet the needs of clients who have been
assessed by Regional staff as requiring long-term counselling
intervention. Eligible clients are referred to therapists who have
met the Professional Services' qualifications.
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- Is
financial compensation available to victims through Victim
Services?
Victim Services does not provide financial compensation to
victims. The Criminal Injuries Compensation Program was terminated
in 1993.
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Do I have to speak to the police in order to receive assistance
from Victim Services?
No.
If you are 16 years of age or older and a victim of a criminal
offence, regardless if a report was made to the police, you can
receive assistance.
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If I don’t live in a community with a Victim Services Office, can
I still receive assistance?
Yes. The Victim Services Assistant Program provides contracted
services to victims who reside in direct service areas of the ten
(10) Regional Offices. Services are delivered by trained para-professionals.
The Regional Coordinator in your area will arrange for services
through a Victim Services Assistant.
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ACTS
AND REGULATIONS
- Where can I
obtain a copy of an Act or regulation?
- When does an Act
come into force?
- When does a
regulation come into force?
- Can an Act come
into force with retroactive effect, ie., can an Act have an effect
before it is passed by the legislature?
- Can a regulation
come into force with retroactive effect?
- Are the Acts of
the province published in a consolidated, loose- leaf format?
- Are the Acts of
the province available in an electronic format?
- Where can I
obtain a copy of an Act or regulation?
Copies of Acts and regulations are available online through
the House of Assembly website.
Printed copies may also be obtained by contacting the
Queen's Printer.
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- When does an
Act come into force?
There are 3 possible dates on which an Act can come into force:
- the date it is given Royal Assent by the Lieutenant-Governor.
This date always appears on the first page of the act.
- the date that is set out in the Act itself. This date is found
in the last section of the Act.
- the date proclaimed by the Lieutenant-Governor in Council (the
Cabinet). The proclamation containing the date is published in the
Newfoundland Gazette.
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- When does a
regulation come into force?
A regulation can come into force on 2 dates.
- the day it is published in the Newfoundland Gazette.
- however, if the last section of the regulation states a date on
which they come into force, the regulations come into force on the
date set out in them rather than on the day they are published.
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- Can an Act come
into force with retroactive effect, ie., can an Act have an effect
before it is passed by the legislature?
Yes, although this is not usually the case and it only happens
if the Act specifically states that it applies with retroactive
effect. The date from which it was retroactively effective is
contained in the last section of the Act.
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- Can a
regulation come into force with retroactive effect?
Yes, but only if the Act under which the regulation is made
specifically allows for it and only then if the date from which
the regulation was retroactively effective is set out in the
regulations.
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- Are the Acts of
the province published in a consolidated, loose- leaf format?
No. The Acts are not available in a consolidated, loose-leaf
form.
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- Are the Acts of
the province available in an electronic format?
Yes. The Acts and Subordinate Legislation are now available
online through the sr">House of
Assembly website.
[Top]
SUPPORT ENFORCEMENT
- Does the Support
Enforcement Program guarantee payments?
- What will this
enforcement service cost me?
- I am owed back
payments. How much of this money can be collected?
- What steps can be
taken to collect support?
- How are payments
made?
- What should I do
if I receive payments directly from the person required to pay me
support?
- What if I don't
know where the person who is required to make payment is living?
- What if a person
required to make payments resides in another province or country?
- What if my
support order was made in another province?
- Will information
I give be kept confidential?
- What if I have a
written agreement for support? Can it be enforced?
- What if I want
to vary my support order?
- Does the
Support Enforcement Program guarantee payments?
The Program can only pay to you what it has been able to
collect. People entitled to support should realize that there are
times when it is not possible to collect.
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- What will this
enforcement service cost me?
Nothing. There will be cost to any person who is entitled to
receive support.
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- I am owed back
payments. How much of this money can be collected?
The Director of Support Enforcement will attempt to collect
money going back as far as 10 years; the law prohibits enforcement
beyond 10 years.
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- What steps can
be taken to collect support?
The Director of Support Enforcement can demand a financial
statement from a person who is required to pay support.
The Director has the authority to garnish or collect wages from
an employer, monies held at financial institutions and federal
sources of funds, such as UIC payments or income tax refunds. In
addition, property may be seized and sold to pay outstanding
arrears.
The debtor may be brought before the court to explain the
nonpayment and the court may make an order to enforce payment of
arrears.
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- How are
payments made?
The Support Enforcement Program uses a sophisticated computer
program which monitors payments and alerts enforcement officers
when payments are missed.
The person required to pay support must make payments to the
Director of Support Enforcement on the date(s) set out in the
support order. The Director will then forward a government cheque
to the individual who is entitled to receive support, in
accordance with the terms of the support order.
If enforcement action is necessary, there will be delays.
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- What should I
do if I receive payments directly from the person required to pay
me support?
Direct payments should not be accepted. If you receive a direct
payment, make sure you write to the Support Enforcement Program
immediately to confirm it, so that accurate accounting records are
maintained. All support payments must be made to the Support
Enforcement Program. Accepting direct payments will delay
enforcement action.
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- What if I don't
know where the person who is required to make payment is living?
The Director of Support Enforcement has the authority to gain
access to certain government records (both federal and
provincial), and also has the authority to demand information from
other sources in order to find out the whereabouts of someone who
owes support payments.
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- What if a
person required to make payments resides in another province or
country?
The Support Enforcement Program works best when the parties
involved live in this province.
Other provinces now have similar programs and access to these
can be gained by registering with the Support Enforcement Program.
The other jurisdiction then assumes the responsibility to monitor
and enforce the support order, However, enforcement is more
difficult and may take longer.
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- What if my
support order was made in another province?
If your support order was made in another province and the
debtor resides in Newfoundland, we will enforce the support order
after it is registered with a Newfoundland court.
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- Will
information I give be kept confidential?
All information received by the Support Enforcement Program is
confidential, and used only for the purposes of monitoring
payments and enforcing support orders.
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- What if I have
a written agreement for support? Can it be enforced?
The director will only enforce the support provisions of an
agreement after it has been filed with the court pursuant to the
provisions of the Family Law Act. It is your responsibility to
have this done.
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- What if I want
to vary my support order?
The Support Enforcement Program will not act on behalf of either
party at a variation hearing. We suggest you seek legal advice or
contact the court to obtain the necessary forms.
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