Justices of the Peace

For readers located at various Commonwealth countries, or those of you who had documents issued by officials from Commonwealth countries, no doubt you will have come across a title called 'Justice of the Peace' who can notarize documents and take oaths.

Justices of the Peace, depending on the jurisdiction, have different education, roles and powers. For example, in Australia, JPs can notarize documents and witness oaths. They are not legally trained, and do not function in the justice system. On the other hand, New Zealand JPs play an important judicial role in handling bail, hear minor cases, and conduct preliminary hearing in more serious cases. Similarly in Scotland, JPs are lay person trained to hear traffic and minor criminal matters.

In Canada, JPs also have different roles depending on the provincial legislation. In Ontario, JPs are judicial officers whom preside over provincial offence cases, issue warrants and conduct bail hearings. In Nova Scotia, JPs are divided into three separate subgroups, each with its own powers and role. They can act as marriage officiant, warrant issuer, or Commissioner for taking oaths depending on their appointment.

In British Columbia, JPs are appointed under the Provincial Court Act. Just like Ontario, JPs are divided into three subgroups: Justice of the Peace Adjudicators (formerly known as Judicial Justices of the Peace or JJPs), Judicial Case Managers and Court Services Justices of the Peace. JJPs have the jurisdiction to hear civil cases valued of up to $5,000, issue warrants/subpoenas and preside over traffic/bail hearings. JJPs are legally trained as lawyers. On the other hand, JCMs and CSJPs are employees of the judiciary who are given limited power to handle non-contested matters. JPs are considered to be judicial officers, and have peace officers powers while acting in their capacity.

JPs in BC are also Commissioner for taking Affidavit of BC, by reason of office. However, they are generally disallowed from swearing oaths on matters not related to court proceedings before them.

You will not find a Justice of the Peace in BC who can notarize your documents. Only Notaries Public and Lawyers in BC are allowed to certify documents, and undertake various notarial acts.