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Justices of the PeaceReview Council

Procedures Document

Revised January 10, 2020

Table of ContentsIntroduction.......................................................................................................8

The Procedures Governing the Complaints Process........................................9

Composition of the Justices of the Peace Review Council.............................10

The Complaint and Discipline Process...........................................................10

Interim Recommendations: Non-assignment or Reassignment......................11

Holding a Hearing into a Complaint................................................................12

2. DEFINITIONS.................................................................................................15

Procedural Rules............................................................................................15

3. INTERPRETATION........................................................................................16


4. COMPLAINTS – GENERAL..............................................................................16

Legislative Provisions.....................................................................................16


5. CONFIDENTIALITY AND PRIVACY.................................................................18


Confidential records........................................................................................18

Annual Report.................................................................................................19

Information re complaint.................................................................................19

Investigations of complaints committees.........................................................19

Report to Review Council...............................................................................19

Orders prohibiting publication at hearing stage...............................................19

Procedural Rules re Confidentiality.................................................................20

Disclosure of interim recommendation............................................................21

6. COMPLAINTS COMMITTEES..........................................................................22

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Composition....................................................................................................22

Temporary Members.......................................................................................22

Rotation of members.......................................................................................23

Quorum...........................................................................................................23

Complaint against member of Review Council...............................................23


Multiple complaints against same justice of the peace...................................23

7. INVESTIGATIONS BY COMPLAINTS COMMITEES........................................23


Frivolous complaints, etc................................................................................23

Interim Recommendations..............................................................................25

Exception: certain complaints........................................................................25

Complaints Committee’s decision...................................................................25


Power to Summons and Compel Witnesses to Give Evidence.......................26

Interim recommendations...............................................................................27

Criteria for Interim Recommendations............................................................27

Information re: basis for interim recommendation...........................................27

Opportunity to respond to issue of interim recommendation...........................28

Disclosure of non-assignment or reassignment to another location...............28

Opportunity to respond to complaint...............................................................28

Consideration of past history..........................................................................30

Criteria in assessing appropriate disposition...................................................30

8. NOTICE OF DECISION OF COMPLAINTS COMMITTEE................................31


Report to Review Council...............................................................................31

Notice of decision communicated...................................................................31

To the complainant.........................................................................................31

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To the subject justice of the peace.................................................................31

Justices of the peace to provide instructions..................................................32

9. HEARINGS – GENERAL...............................................................................32

Legislative provisions......................................................................................32

Application of SPPA........................................................................................32

Translation, Interpretation and Bilingual Proceeding......................................32


10. HEARING PANELS........................................................................................34


Hearing Panels...............................................................................................34

Temporary Members.......................................................................................34

Disqualification................................................................................................35

Communication by members..........................................................................35

Parties to the hearing......................................................................................35


Mandate of hearing panel...............................................................................35

11. PRESENTING COUNSEL.............................................................................36



Registrar may instruct lawyer when hearing process complete......................36

12. LEGAL COUNSEL FOR JUSTICE OF THE PEACE.................................37


13. NOTICE OF HEARING..................................................................................37


14. PUBLIC INFORMATION ABOUT HEARING PROCEEDINGS..............38


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Open and closed hearings and meetings........................................................38


15. EXCEPTIONS TO FULLY OPEN HEARING.....................................................39


Orders prohibiting publication at hearing........................................................39

Statutory Powers Procedures Act...................................................................39

Hearings to be public; exceptions...................................................................39


Publication bans..............................................................................................40

16. PRE-HEARING PROCEDURES...................................................................40

Response to Notice of Hearing by Justice of the Peace.................................40

Obligation to provide respondent with disclosure............................................40

Pre-hearing conference..................................................................................41

Pre-Hearing Motions.......................................................................................41

Agreed Statements of Fact.............................................................................43

Summons........................................................................................................43

Conduct of Hearing.........................................................................................43

Investigative Authority of the Hearing Panel...................................................44

17. DISPOSITIONS AND ORDERS DETERMINED BY HEARING PANEL45


Combination of sanctions................................................................................45

Disability..........................................................................................................45


Factors in Considering Appropriate Disposition..............................................46

18. REMOVAL FROM OFFICE................................................................................47


Order to be tabled...........................................................................................48

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19. COMPENSATION..............................................................................................48

Following an investigation...............................................................................48

Following a hearing.........................................................................................48


Issue of compensation following a hearing.....................................................49

20. REPORT TO ATTORNEY GENERAL.........................................................50


Non-identification of persons..........................................................................50

Continuing publication ban..............................................................................51

21. CRITERIA AND PROCEDURES FOR APPLICATION TO ENGAGE IN OTHER REMUNERATIVE WORK..............................................................51


Other work......................................................................................................51

Functions........................................................................................................51


22. ACCOMMODATION OF NEEDS.......................................................................55


Duty of Review Council...................................................................................55

Undue hardship...............................................................................................55

Opportunity to participate................................................................................55


Application in writing.......................................................................................56

Accommodation subcommittee.......................................................................57

Report of accommodation subcommittee........................................................57

Initial consideration of application and report..................................................57

Threshold test for qualification........................................................................58

Notification of Minister.....................................................................................58

Meeting to determine order to accommodate.................................................59

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Chair and quorum...........................................................................................59

Copy of Order.................................................................................................60

23. REVIEW COUNCIL – GENERAL......................................................................60


Functions........................................................................................................60

Quorum...........................................................................................................61

Meetings.........................................................................................................61

Standards of conduct......................................................................................61

Approval of continuing education plans..........................................................61

Assistance to Review Council.........................................................................62

Provision of information to public....................................................................62

Rules...............................................................................................................62

Use of official languages of the courts............................................................62

Annual Report.................................................................................................63

APPENDIX A – Justices of the Peace Act......................................................64

APPENDIX B - Statutory Powers Procedure Act............................................99

APPENDIX C - Protocol Regarding the Use of Electronic Communication Devices in JPRC Hearing Proceedings.............................................................126

APPENDIX D – Notice of Hearing Template.................................................128

APPENDIX E– Agreed Statement of Facts Template...................................130

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OVERVIEW

Introduction

In Ontario, justices of the peace perform a number of judicial functions, including conducting trials under the Provincial Offences Act1, presiding over bail hearings and issuing search warrants.

There are two primary ways in which justices of the peace are held accountable in our legal system. Appellate review holds justices of the peace accountable for the quality of their legal reasoning and decisions, but it is equally important to hold justices of the peace accountable for their conduct. The conduct of a justice of the peace can affect public confidence in the individual judicial officer, in the judiciary generally, and in the justice system itself.

The Justices of the Peace Act 2 establishes the Justices of the Peace Review Council as the body that, among other things, receives and investigates complaints about the conduct of justices of the peace, can consider applications for Orders of accommodation of needs arising from disabilities, approves continuing education plans for justices of the peace, and receives and decides on applications from justices of the peace to engage in remunerative work other than judicial duties.

The objective of the complaint process is to maintain public confidence in the judiciary and to restore that confidence when it is negatively affected by the conduct of a justice of the peace. Anyone who has concerns about a justice of the peace’s conduct and believes that the conduct needs to be investigated and addressed may make a complaint in writing to the Council.

Membership on the Review Council includes judges, justices of the peace, lawyers and community members. This ensures that investigations and decisions made during the complaint process reflect an understanding of the judicial role, the views of members of the public and the perspective of the legal community who appear before judicial officers.

International jurisprudence recognizes that confidentiality is important to promoting the effectiveness of judicial disciplinary bodies and the statutory schemes under which they operate. The confidential and private nature of the complaint process is intended to achieve a balance between the accountability of justices of the peace for their conduct and the constitutionally protected value of judicial independence. Judicial independence guarantees that justices of the peace will be able to make decisions free of influence and based solely on fact and law.

1 R.S.O. 1990, c. P.33.

2 RSO 1990, c J.4.

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The complaints process is, for the most part, private and confidential in the investigation stage and in the determination by a complaints committee of the appropriate disposition. If a hearing is ordered, however, the process becomes public upon the filing of a Notice of Hearing as an exhibit before a hearing panel, unless the hearing panel orders that there are exceptional circumstances to warrant a private hearing.

The Council provides an Annual Report3 on its work in order to inform the public of the complaints made to the Council, the steps taken in the investigations, the outcomes in each case and the brief reasons for each disposition. The law permits the Council to provide a summary of each case, but requires that the identity of the complainant, the justice of the peace and any witnesses be kept confidential unless there is a hearing into the complaint.

When a hearing is taking place, the public receives information and updates about the hearing through the Council’s website and a notice published by the Council in the local newspaper. Decisions made during hearings are also posted on the website.

The Procedures Governing the Complaints Process

The procedures that govern the complaints process come primarily from two main sources: the Justices of the Peace Act and these Rules of Procedure. The Justices of the Peace Act (Appendix A) sets out the basic structure, membership and responsibilities of the Council and its complaints committees and hearing panels. The Act also allows the Council to establish its own public guidelines, polices, and rules of procedure for many aspects of its work. The Act also incorporates provisions contained in the Statutory Powers Procedures Act (Appendix B).

These Rules of Procedure contain the most relevant sections of the Act, which are set out at the beginning of each section under the heading, “Legislative Provisions”. The law requires the Council to establish procedures to govern its work and to make them available to the public. The Rules of Procedure, which are available on the Council’s website4, include the guidelines, practices and policies established by the Council, and appear in each section under the heading, “Procedural Rules”. It is important to read these Rules of Procedures in conjunction with the decisions of hearing panels of the Council, which are available on the Council’s website5 to see how the Council has interpreted these Rules of Procedure and the Justices of the Peace Act in previous hearings.

In exercising its functions, the Council is also guided by decisions of the Ontario Judicial Council, which receives and investigates complaints about the conduct of provincial

3 At the webpage http://www.ontariocourts.ca/ocj/jprc/annual-report.4 At the webpage http://www.ontariocourts.ca/ocj/jprc/policies-and-procedures.5 At the webpage http://www.ontariocourts.ca/ocj/jprc/public-hearings-decisions.

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judges, as well as the decisions of the courts and the Supreme Court of Canada that relate to judicial discipline and the independence of the judiciary.

The Council does not have any authority to intervene in court proceedings that relate to a complaint, nor does it have the authority to change any decision made by a justice of the peace. Remedies for the latter would need to be pursued through the courts.

Composition of the Justices of the Peace Review Council

The Council is composed of:

a) the Chief Justice of the Ontario Court of Justice (or his or her designate);

b) the Associate Chief Justice Coordinator of Justices of the Peace;

c) three justices of the peace appointed by the Chief Justice of the Ontario Court of Justice;

d) two judges of the Ontario Court of Justice appointed by the Chief Justice of the Ontario Court of Justice;

e) one regional senior justice of the peace appointed by the Chief Justice of the Ontario Court of Justice;

f) a lawyer appointed by the Attorney General from a list of three names submitted to the Attorney General by the Law Society of Ontario; and

g) four persons appointed by the Lieutenant Governor in Council on the recommendation of the Attorney General.

The Complaint and Discipline Process

The purpose of the judicial discipline process is not to punish a justice of the peace for his or her misconduct. Rather, the primary goal of the process is to preserve the integrity of, and public confidence in, the judiciary in general.6 Respect for judicial independence in decision-making is also central to the judicial discipline process and the procedures of the Council.

Any person or organization may make a written complaint to the Council, in English or in French, about a justice of the peace. Every complaint that may contain an allegation about conduct is reviewed by a complaints committee composed of three members of the Council. Members serve on complaints committees on a rotating basis. Complaints committees are composed of a judge who chairs the committee, a justice of the peace member, and a lawyer or community member. Members of a complaints committee who

6 Ruffo v Conseil de la magistrature, [1995] 4 SCR 267, 1995 CanLII 49 at paragraph 68.

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investigate a complainant cannot be appointed to a hearing panel in respect of the same complaint.

Council staff refer persons who make complaints about persons who are not justices of the peace to the appropriate office or body. For example, complaints about provincially appointed judges are directed to the Ontario Judicial Council, and complaints about lawyers are referred to the Law Society of Ontario. If the Council receives a request for legal assistance, staff explain that the Council cannot give legal advice or help a person with his or her court case, and refer him or her to the Law Society Referral Service.

A complaints committee investigates every complaint in private and may, as part of its investigation, invite the justice of the peace to respond to the allegations. At the end of its investigation, the complaints committee shall either:

(a) dismiss the complaint, if it finds that it is frivolous, an abuse of process or outside the jurisdiction of the complaints committee;

(b) invite the justice of the peace to attend before the complaints committee to receive advice concerning the issues raised in the complaint or send the justice of the peace a letter of advice concerning the issues raised in the complaint, or both;

(c) refer the complaint to the Chief Justice of the Ontario Court of Justice; or

(d) order that a formal hearing into the complaint be held by a hearing panel.

Interim Recommendations: Non-assignment or Reassignment

Only the judiciary can choose how work is assigned to a justice of the peace; however, when a justice of the peace is alleged to have engaged in judicial misconduct, as the body designated by statute to investigate and dispose of complaints about the conduct of justices of the peace, the Council has the primary responsibility of considering whether a justice of the peace who is the subject of a complaint should not be assigned work, or reassigned to a different location, pending the final disposition of the complaint.

During the confidential investigation stage, a complaints committee may recommend to a Regional Senior Judge that the justice of the peace be non-assigned or reassigned to a different court location on an interim basis pending the final disposition of the complaint. The Council has established the following criteria that a committee must consider when deciding whether to make an interim recommendation of non-assignment or reassignment pending the final disposition of a complaint:

a. whether the complaint arises out of a working relationship between the complainant and the justice of the peace and, if so, whether the complainant and the justice of the peace both work at the same court location;

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b. whether allowing the justice of the peace to continue to preside would likely bring the administration of justice into disrepute;

c. whether the complaint is of sufficient seriousness that there are reasonable grounds for investigation by law enforcement agencies; and

d. whether it is evident that the justice of the peace is suffering from a disability that cannot be remedied or reasonably accommodated.

Holding a Hearing into a Complaint

After its investigation is complete, if a complaints committee believes that the complaint has some basis in fact upon which a hearing panel could make a finding of judicial misconduct, the committee must order that a formal hearing be held. The Statutory Powers Procedure Act7 (Appendix B) applies to the hearing process, with some exceptions.

Where a hearing has been ordered, a lawyer is retained to act in the role of “Presenting Counsel” to prepare and present the evidence about the allegations of judicial misconduct before a hearing panel. Presenting Counsel is fully independent, and does not take instructions from the Council, the hearing panel or Council staff. The justice of the peace may participate fully in the hearing and retain his or her own lawyer to represent him or her in responding to the allegations.

Following the hearing, the hearing panel may dismiss the complaint or, where the complaint is found to constitute judicial misconduct, order a variety of sanctions. For example, the hearing panel may warn or reprimand the justice of the peace; the justice of the peace may be ordered to apologize; he or she may be required to take further education or counselling; and/or the hearing panel may impose a suspension of up to 30 days without pay. In the most serious cases, the hearing panel may recommend to the Attorney General that the justice of the peace be removed from office.

The Review Council does not have the direct authority to remove a justice of the peace from the bench; it may only recommend to the Attorney General that the justice of the peace should be removed. The Attorney General tables the recommendation in the Legislature, and it is the Lieutenant Governor in Council who orders removal of the justice of the peace from office.

Privacy and Confidentiality of the Complaint and Discipline Process

The early stages of the complaint process, including the investigation and the decision-making of a complaints committee, are entirely confidential. That confidentiality is

7 R.S.O 1990, c. S.22

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required by statute and is intended to balance the accountability of justices of the peace for their conduct with their constitutionally protected judicial independence. There are several reasons why confidentiality is important at the pre-hearing stages of a judicial complaint:

a) The disclosure of unsubstantiated complaints risks undermining the justice of the peace’s authority in carrying out his or her judicial functions;

b) Without the capacity to ensure some form of confidentiality, the ability of the Council to obtain full and frank disclosure from the complainant and/or witnesses may be compromised, making the investigation process less effective;

c) The justice of the peace who is the subject of the complaint may have legitimate privacy concerns; and

d) There is an overriding need to protect judicial independence.8

Constitutional guarantees of judicial independence include security of tenure and the freedom to assess evidence, interpret and apply the law, and deliver judgment free from external pressures and influences of any kind. A system of accountability for judicial conduct must provide for accountability while guarding against the risk of infringing the constitutional guarantees that apply to the justice of the peace while carrying out his or her judicial duties.

The Review Council has interpreted the governing legislative framework to require that any information or documents relating to a Council meeting or hearing that was not held in public are confidential and should not be disclosed or made public, unless the Council, a complaints committee, or a hearing panel orders otherwise. The Council has made an order to reflect its understanding of the law (the “Confidentiality Order”).

The Confidentiality Order applies whether the information or documents are in the possession of the Council, the Attorney General, or any other person. The Confidentiality Order does not apply to information and/or documents that the Justices of the Peace Act requires the Council to disclose or that have not been treated as confidential and were not prepared exclusively for the purposes of a Council meeting, the investigation of a complaint or a hearing. The Confidentiality Order includes documents such as complaint letters, correspondence between complaints committees and the justice of the peace or the complainant, reports from the Chief Justice to a complaints committee, and disposition letters. Nevertheless, the Council recognizes the right of a complainant to make his or her own complaint public.

8 In the Matter of an Application Brought by the Toronto Star and the Criminal Lawyers’ Association (OJC, 2015).

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In accordance with its understanding of the statutory framework set out in the Justices of the Peace Act, it is the policy of the Council that it will neither confirm nor deny whether a particular complaint has been made to it unless a public hearing has been ordered. If a justice of the peace asks whether a complaint in relation to his or her conduct exists, Council staff will confirm whether there is a complaint but no further details will be provided at that time, recognizing that the law requires an investigation to be conducted privately.

As discussed above, a complaints committee will order a hearing when the investigation of a complaint reveals that the complaint has a basis in fact that could, if proven, result in a finding of judicial misconduct. Once that threshold has been met, the risk of harm to the judicial independence of the individual justice of the peace who is the subject of the complaint is outweighed by the need to preserve or restore public confidence in the judiciary in general. For this reason, when it is determined that a hearing is warranted, in accordance with the Council’s Procedures, the hearing process is public and the “open courts” principle applies, unless there are exceptional circumstances that require all or part of the hearing to be held in private. Making the discipline process public only at the hearing stage strikes the appropriate balance between the competing values of transparency and accountability and the constitutional guarantee of judicial independence.

If there are exceptional circumstances that justify holding all or part of a hearing in private, ordering a temporary publication ban, or protecting the identity of a complainant or witness, the hearing panel may make such an order.

Once the Notice of Hearing has been filed and the complaints process has become public, information will be posted on the Council’s website about the hearing9. In such circumstances, the policy objectives of the statutory framework of preserving confidence in the judiciary and in the administration of justice are best achieved by disclosing whether, pending the final disposition of the complaint, the justice of the peace has been unassigned from judicial duties or reassigned to a different location. At that stage, if a justice of the peace has been subject to an interim recommendation of non-assignment or reassignment to a different location, information will be posted on the Council’s website to inform the public.

9 At the webpage http://www.ontariocourts.ca/ocj/jprc/public-hearings/.

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2. DEFINITIONS

Procedural Rules

2.1 In these Rules of Procedure,

a) The “Act” means the Justices of the Peace Act, R.S.O. 1990, c. J.4, as amended;

b) “Complaints committee” means a committee consisting of a provincial judge, a justice of the peace, and a community or lawyer member, established to review and investigate a complaint pursuant to section 11(1) of the Justices of the Peace Act;

c) “Council” or “Review Council” means the Justices of the Peace Review Council;

d) “Hearing panel” or “panel” means a panel established to conduct a hearing pursuant to subsection 11(15) of the Justices of the Peace Act. Hearing Panels consist of a judge, a justice of the peace, and a community or lawyer member of the Council;

e) “Judge” means a judge of the Ontario Court of Justice;

f) “Justice of the peace” means a justice of the peace of the Ontario Court of Justice;

g) The “SPPA” means the Statutory Powers Procedures Act;

h) “Subject justice of the peace” means the justice of the peace who is the subject of a particular complaint;

i) “Presenting Counsel” means counsel engaged on behalf of the Council to independently prepare and present the evidence to a hearing panel in relation to a complaint about a justice of the peace who is the subject of a hearing;

j) “Registrar” means the Registrar of the Justices of the Peace Review Council or his or her delegate;

k) “Respondent” means the justice of the peace who is the subject of a complaint ordered to a hearing;

l) All other words in these Rules of Procedure shall, unless the context otherwise indicates, bear the meanings ascribed to them by the Act.

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3. INTERPRETATION

Procedural Rules

3.1 The Act (Appendix A) sets out the statutory framework that governs the complaint process. Sections of the SPPA are also applicable. Relevant statutory provisions are included at the start of each section of this document under the heading “Legislative Provisions”, followed by the “Procedural Rules” that the Council has established pursuant to Section 10(1) of the Act.

3.2 Where these Rules of Procedure refer to a section of a statute, the reference is to the corresponding provision in the Act unless a different statute is specified.

3.3 Where these Rules of Procedure specify the number of days within which something is to be done, the passage of time shall be calculated as the number of calendar days.

3.4 Where matters are not provided for in these Rules of Procedure, the process shall be determined by analogy to them.

3.5 These Rules of Procedure shall be interpreted in a manner consistent with the objective of preserving and restoring public confidence in the judiciary in general, rather than in any particular justice of the peace who may be the subject of a complaint.

4. COMPLAINTS – GENERAL

Legislative Provisions

Complaint re justice of the peace

Any person may make a complaint to the Review Council about the conduct of a justice of the peace.

s. 10.2 (1)

A complaint to the Review Council must be made in writing.

s. 10.2 (2)

If a complaint about the conduct of a justice of the peace is made to any other justice of the peace or to a judge or the Attorney General, the other justice of the peace or the judge or the Attorney General, as the case may be, shall provide the person making the complaint with information about the Review Council’s role in the justice system and about how a complaint may be made, and shall refer the person to the Review Council.

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s. 10.2 (3)

Complaints against justices of the peace may be made in English or French.

s. 10.1 (2)

Procedural Rules

4.1 The Council has determined that it does not have the authority under the Act to investigate anonymous complaints.

4.2 The Council has no jurisdiction to allow the withdrawal of a complaint.

4.3 If a justice of the peace is asked to respond to the complaint, the rules of natural justice require that the justice of the peace be provided with disclosure of all materials considered by the investigating complaint subcommittee, including the letter of complaint and the name of the complainant.

4.4 If a public hearing into a complaint is ordered by a complaints committee, the letter of complaint shall be filed by Presenting Counsel as an appendix to the Notice of Hearing at the initial set-date appearance, with the name of the complainant(s) redacted, subject to any order of the hearing panel.

a) If there are allegations in the letter of complaint that have not been ordered to a hearing, these allegations will be redacted.

4.5 If a complaint raises allegations of conduct about a justice of the peace in a court proceeding, the Council will not generally commence an investigation until that court proceeding and any appeal or other related legal proceedings have been completed. This will ensure that any investigation by the Council is not interfering with, or from being perceived as interfering with, any ongoing proceedings.

Out of jurisdiction

4.6 The jurisdiction of the Council is limited to the investigation and review of complaints about conduct. The Council does not have the legal authority to change a decision of a justice of the peace.

4.7 If a complaint does not contain allegations about the conduct of a justice of the peace, the Registrar shall inform the complainant in writing,

a) That the complaint does not appear to make allegations regarding the justice of the peace’s conduct;

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b) That the Council’s jurisdiction is limited to the investigation and review of complaints about judicial conduct; and

c) That if the complainant disagrees with the justice of the peace’s interpretation or application of the law, the complainant should seek an appropriate remedy through the courts, for example, by way of an appeal.

4.8 Complaints about a justice of the peace’s interpretation or application of section 136 of the Courts of Justice Act, which sets out the prohibition against recording in the courtroom, or of the Protocol Regarding the Use of Electronic Communication Devices in Court Proceedings (Appendix C) are not, in and of themselves, complaints about conduct.

4.9 The Council does not have jurisdiction over a justice of the peace who has ceased to hold office. If the Council loses jurisdiction over a complaint, the Registrar shall inform the complainant that the subject of the complaint is no longer a justice of the peace and that the Council no longer has jurisdiction to continue with the complaint process.

4.10 If a complaint relates to someone other than an Ontario justice of the peace, Council staff will, if known, refer the complainant to the appropriate agency or office where the complainant’s concerns may be pursued.

5. CONFIDENTIALITY AND PRIVACY


Confidential records

The Review Council, a complaints committee or a hearing panel may order that any information or documents relating to a meeting, investigation or hearing that was not held in public are confidential and shall not be disclosed or made public.

s. 8(18)

Subsection (18) applies whether the information or documents are in the possession of the Review Council, a complaints committee, a hearing panel, the Attorney General or any other person.

s. 8 (19)

Subsection (18) does not apply to information and documents,

(a) that this Act requires the Review Council to disclose; or

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(b) that have not been treated as confidential and were not prepared exclusively for the purposes of a Review Council meeting or for an investigation of a complaint or for a hearing.

s. 8 (20)

Open and closed hearings and meetings

Meetings of the Review Council and of its complaints committees shall be held in private but, subject to subsection 11.1 (4), hearings under section 11.1 shall be open to the public.

s. 9(6)

Annual Report

After the end of each year, the Review Council shall make an annual report to the Attorney General on its affairs, in English and French, including, with respect to all complaints received or dealt with during the year, a summary of the complaint, the findings and a statement of the disposition, but the report shall not include information that might identify the justice of the peace, the complainant or a witness.

s. 9 (7)

Information re complaint

At any person’s request, the Review Council may confirm or deny that a particular complaint has been made to it.

s. 10.2 (4)

Investigations of complaints committees

The investigation shall be conducted in private.

s. 11(8)

Report to Review Council

The complaints committee shall report to the Review Council on its decision and, except where it orders a formal hearing, shall not identify the complainant or the justice of the peace who is the subject of the complaint in its report.

s. 11 (18)

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Orders prohibiting publication at hearing stage

If the complaint involves allegations of sexual misconduct or sexual harassment, the panel shall, at the request of a complainant or of a witness who testifies to having been the victim of such conduct by the justice of the peace, prohibit the publication of information that might identify the complainant or witness, as the case may be.

s. 11.1(9)

Procedural Rules re Confidentiality

5.1 If any person, other than a justice of the peace asking if a complaint exists in relation to his or her own conduct, asks whether a particular complaint has been made to the Council, the Council shall neither confirm nor deny that a complaint has been made to it, notwithstanding the wording of subsection 10.2 (4) of the Act. The Council has determined that in accordance with its statutory framework, the complaint process is confidential in its early stages. If it is determined that a hearing is warranted, the hearing process, by contrast, becomes public on the filing of the Notice of Hearing, unless a Hearing Panel has ordered that there are exceptional circumstances that require that all or part of the hearing be held in private.

5.2 If a justice of the peace asks if a complaint in relation to his or her conduct has been made to the Council, Council staff shall confirm if there is a complaint and may provide the justice of the peace with a copy of the Council’s procedures. However, in order to preserve the confidentiality of the investigation required by the Act and ensure the effectiveness of the investigation process, the justice of the peace shall not be provided with a copy of the complaint.

5.3 Pursuant to section 8(18) of the Act, the Council has ordered that, subject to any order made by a complaints committee or a hearing panel, any information or documents relating to a meeting, investigation or hearing that was not held in public are confidential and shall not be disclosed or made public.10 The order applies whether the information or documents are in the possession of the Review Council, the Attorney General, or any other person, but does not apply to information and/or documents,

a) that the Act requires the Council to disclose; or

b) that have not been treated as confidential and were not prepared exclusively for the purposes of a Council meeting, an investigation or a hearing.

10 For more information about the order of confidentiality, see In the Matter of the Application Brought by the Toronto Star and the Criminal Lawyers’ Association (OJC, 2014) posted on the OJC’s website under the link “Confidentiality”

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5.4 Documents reviewed by a complaints committee during the investigation stage of the complaints process are confidential. Such documents may include complaint letters, a justice of the peace’s response to a complaint, transcripts of interviews conducted for a complaints committee, reports by the Chief Justice to a complaints committee, and an advice letter sent to a justice of the peace.

5.5 The Review Council may release letters or emails from a complainant, and/or a disposition letter, and/or any related voicemails,

a) to the local police and/or the Justice Sector Security Office, if the communication(s) could constitute a criminal offence and those documents or audio recordings may be relevant to determining whether there is a need for action to prevent harm to a person and/or property; or

b) for use in any criminal proceeding that results from the actions or comments of a complainant that are related to the complaint or the disposition of the complaint.

5.6 If a complainant brings a civil action against the Council or its staff, the Council may release any letters from the complainant and/or any disposition letters to a lawyer retained on behalf of the Council to defend the Council in the action. So long as it is in accordance with the Council’s instructions, the lawyer retained by the Council may use the letters in whatever way the lawyer deems advisable in the course of litigation.

5.7 Nothing in these Rules of Procedure shall prevent a complainant from making his or her own complaint letter public. The Council recognizes a complainant’s right to make his or her own complaint public.

5.8 When deciding whether there are exceptional circumstances that justify maintaining confidentiality and holding all or part of a hearing in private, the Hearing Panel shall consider,

a) where matters involving public or personal security may be disclosed, or

b) where intimate financial, personal or other matters may be disclosed at the hearing of such a nature that, having regard to the circumstances, the desirability of avoiding disclosure is in the interests of any person affected or in the public interest and outweighs the desirability of adhering to the principle that the hearing be open to the public.

Disclosure of interim recommendation

5.9 Where,

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a) a justice of the peace has been not assigned work or has been reassigned to a different location pending the final disposition of a complaint pursuant to the interim recommendation of a complaints committee under s. 11(11); and

b) the Notice of Hearing has been filed as an exhibit in a hearing and the complaint process has become public,

the policy objectives of the statutory framework of preserving confidence in the judiciary and in the administration of justice are best achieved by disclosing that the justice of the peace has been non-assigned from judicial duties or reassigned to a different location. Subject to orders of the hearing panel, the fact that a justice of the peace has been non-assigned with pay or reassigned to a different location shall be disclosed by placing that information on the Council’s website.

6. COMPLAINTS COMMITTEES


The rules of procedure established under subsection 10 (1) apply to the activities of a complaints committee.

s. 11(10)

As soon as possible after receiving a complaint about the conduct of a justice of the peace, the Review Council shall establish a complaints committee and the complaints committee shall investigate the complaint and dispose of the matter as provided in subsection (15).

s. 11 (1)

Composition

A complaints committee shall be composed of,

(a) a judge who shall chair the complaints committee;

(b) a justice of the peace; and

(c) a member who is neither a judge nor a justice of the peace

s.11 (2)

Temporary Members

The Chief Justice of the Ontario Court of Justice may appoint a judge or a justice of the peace who is not a member of the Review Council to be a temporary member of a complaints committee or a hearing panel in order to deal fully with the matter.

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s. 8 (10)The complaints committee shall report in a timely manner to the complainant that it has received the complaint and it shall report in a timely manner to the complainant on its disposition of the matter.

s.11 (3)

Rotation of members

The eligible members of the Review Council shall all serve on complaints committees on a rotating basis.

s.11(5)

Quorum

All the members of a complaints committee constitute a quorum

s.11(6)

Complaint against member of Review Council

A justice of the peace or regional senior justice of the peace who is a member of the Review Council and who is the subject of a complaint shall not be a member of any complaint committee or hearing panel until the final disposition of the complaint.

s. 11 (14)

The Review Council may engage persons, including counsel, to assist it and its complaints committees and hearing panels.

s. 8 (15)

Procedural Rules

Multiple complaints against same justice of the peace

6.1 Where a justice of the peace has an open complaint file(s), the Registrar shall assign any new complaints about that justice of the peace to the same complaints committee that is investigating the outstanding complaint(s).

7. INVESTIGATIONS BY COMPLAINTS COMMITEES


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The complaints committee shall conduct such investigation as it considers appropriate.

s. 11(7)

Frivolous complaints, etc.

Without restricting the powers of a complaints committee under clause (15)(a), a complaints committee may dismiss a complaint at any time if it is of the opinion that the complaint is frivolous, an abuse of process or outside the jurisdiction of the complaints committee.

s. 11(19)

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Interim Recommendations

The complaints committee may recommend to a Regional Senior Judge that, until the final disposition of a complaint:

(a) the justice of the peace who is the subject of the complaint not be assigned work; or

(b) the justice of the peace who is the subject of a complaint be reassigned to another location.

s. 11(11)

The recommendation shall be made to the regional senior judge appointed for the region to which the justice of the peace is assigned and the regional senior judge may,

(a) decide to not assign work to the justice of the peace until the final disposition of the complaint but he or she shall continue to be paid; or

(b) with the consent of the justice of the peace, reassign him or her to another location until the final disposition of the complaint.

s. 11(12)

Exception: certain complaints

If the complaint is against a justice of the peace or regional senior justice of the peace who is a member of the Review Council, any recommendation under subsection (11) in connection with the complaint shall be made to the Chief Justice of the Ontario Court of Justice, who may,

(a) decide to not assign work to the justice of the peace or regional senior justice of the peace until the final disposition of the complaint but he or she shall continue to be paid; or

(b) with the consent of the justice of the peace or regional senior justice of the peace, reassign him or her to another location until the final disposition of the complaint.

s. 11 (13)

Complaints Committee’s decision

When its investigation is complete, the complaints committee shall,

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(a) dismiss the complaint if it is frivolous, an abuse of process or outside the jurisdiction of the complaints committee;


(c) order that a formal hearing into the complaint be held by a hearing panel; or

(d) refer the complaint to the Chief Justice of the Ontario Court of Justice.

s.11 (15)

Procedural Rules

7.1 The complaints committee will examine the complaint, as well as such materials as it considers appropriate, which may include certified transcripts, audio recordings of court proceedings, and documents from the court file. The Registrar shall, on behalf of a complaints committee, obtain such information or materials as the committee determines to be appropriate in the course of its investigation.

7.2 If a transcript is ordered, transcribers shall be instructed by the Registrar not to alter the transcript in any way, nor to submit the transcript to the subject justice of the peace for editing.

7.3 If a complaints committee decides to retain independent counsel to provide legal advice and/or to assist in its investigation by interviewing witnesses or obtaining documents, the Registrar shall retain counsel on the committee’s behalf and communicate the committee’s instructions to counsel.

Power to Summons and Compel Witnesses to Give Evidence

7.4 Section 4.2, subsections 12 (1) to (3.1) and sections 13, 14, 15 and 22 of the SPPA apply to the activities of a complaints committee. These sections give complaints committees the power to summons witnesses to give evidence under oath or affirmation and/or require the production of materials that may be relevant to the subject-matter of the proceeding where the complaints committee decides it is warranted. If the complaints committee decides to summons a witness and/or to require the production of materials, the Registrar will issue and sign the summons on its behalf.

a) Pursuant to section 4.2 of the SPPA, a complaints committee has some flexibility regarding quorum on a procedural or interlocutory matter. Such matters may be heard and determined by one or more members of the

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complaints committee, assigned by the chair of the committee, rather than requiring the attendance of all three members.

b) Pursuant to section 13 of the SPPA, a complaints committee may institute contempt proceedings for persons who, without lawful excuse, default in their attendance before the committee pursuant to a summons or who refuse to take an oath or make an affirmation legally required by the committee to be made.

c) Pursuant to section 14 of the SPPA, witnesses who are called before the complaints committee during the investigation stage are protected against self-incrimination.

d) Pursuant to section 22 of the SPPA, a complaints committee may administer oaths or affirmations.

Interim recommendations

7.5 As the body designated by the Act to investigate and determine the appropriate disposition of complaints about the conduct of justices of the peace the Council has the primary responsibility for considering and recommending whether a justice of the peace who is the subject of a complaint should be not assigned work or reassigned to a different location, pending the final disposition of a complaint.

Criteria for Interim Recommendations

7.6 In deciding whether to make an interim recommendation, the committee shall consider whether any of the following factors are present:

a) the complaint arises out of a working relationship between the complainant and the justice of the peace and the complainant and the justice of the peace both work at the same court location;

b) allowing the justice of the peace to continue to preside would likely bring the administration of justice into disrepute;

c) the complaint is of sufficient seriousness that there are reasonable grounds for investigation by law enforcement agencies; and/or

d) it is evident to the complaints committee that a justice of the peace is suffering from a disability that cannot be accommodated in accordance with the procedures.

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Information re: basis for interim recommendation

7.7 Where a complaints committee recommends to a Regional Senior Justice not assigning or re-assigning a justice of the peace pending the resolution of a complaint, particulars of the factors upon which the complaints committee’s recommendations are based shall be provided contemporaneously to the Regional Senior Judge and the subject justice of the peace to assist the Regional Senior Judge in making his or her decision and to provide the subject justice of the peace with notice of the complaint and the complaints committee’s recommendation.

Opportunity to respond to issue of interim recommendation

7.8 Where a complaints committee is considering making an interim recommendation, it may give the justice of the peace an opportunity to be heard on that issue in writing.

7.9 Where a committee decides to provide a justice of the peace with an opportunity to make submissions on the issue of whether an interim recommendation of non- assignment or reassignment should be made, the Registrar shall send by courier or registered mail the letter on behalf of the complaints committee to the justice of the peace informing him or her that the committee is considering making an interim recommendation and the reasons therefore, and inviting him or her to respond, within 10 days, to the question of whether an interim recommendation should be made.

7.10 If a justice of the peace seeks an extension of time to respond on the question of whether the committee should make an interim recommendation, the justice of the peace, or his or her counsel, must make the request in writing through the Registrar providing brief reasons for the request. The complaints committee may deny the request or may decide whether to grant such extension as it considers appropriate.

7.11 If no response is received from the justice of the peace within 10 days from the date of mailing or couriering the letter inviting submissions, the committee will proceed with making its interim recommendation.

Disclosure of non-assignment or reassignment to another location

7.12 When a justice of the peace is reassigned or non-assigned by a Regional Senior Justice following a committee’s interim recommendation to do so, the committee may order that such information be disclosed on a confidential basis to any party affected by the alleged conduct of the justice of the peace.

Opportunity to respond to complaint

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7.13 When a complaints committee chooses, as part of its investigation, to invite a response from the subject justice of the peace, the Registrar shall, in accordance with the instructions of the complaints committee, communicate that invitation to the subject justice of the peace in writing along with any particular concerns that the complaints committee wishes to express. A complaints committee shall invite a justice of the peace to respond to the complaint if the committee is considering any disposition other than dismissal.

7.14 As part of any invitation to respond to a complaint, the Registrar shall provide to the justice of the peace a copy of the materials under consideration by the committee, as directed by the complaints committee, including a copy of the complaint, any court transcripts, any transcripts of witness interviews, and the disposition history of the justice of the peace other than dismissed complaints to which the justice of the peace was not invited to respond.

7.15 A justice of the peace is provided with 30 days from the date of the letter inviting a response to provide a response to the complaint. A justice of the peace is informed that he or she is not obliged to provide a response.

7.16 If a justice of the peace requires an extension of time to respond, the justice of the peace, or his or her counsel, must make the request in writing through the Registrar, providing brief reasons for the request. The complaints committee may deny the request or may grant such extension as it considers appropriate.

7.17 If a justice of the peace’s response is not received within 30 days or the extended deadline, if any, the Registrar shall,

a) advise the complaints committee that the justice of the peace has not responded; and

b) send a reminder letter to the justice of the peace by registered mail or courier.

7.18 If a justice of the peace’s response is not received within 10 days of the date of the reminder letter, and the complaints committee is satisfied that the justice of the peace has been notified of the complaint and has been provided with full particulars of the complaint, the committee will proceed to consider the appropriate disposition in the absence of a response.

7.19 If the justice of the peace does provide a response, the committee shall review and consider the response in the course of its investigation. Any response to the complaint made by the justice of the peace may be considered by a complaints committee for any purpose in connection with sections 11(15) or 11.1 of the Act.

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7.20 A justice of the peace’s response to a complaint may be referred to in the case summary that will appear in the Council’s Annual Report but the justice of the peace will not be identified.

7.21 A justice of the peace has the right to retain counsel in responding to a complaint, or in providing submissions on the issue of whether an interim recommendation regarding assignment should be made.

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Consideration of past history

7.22 Where a complaints committee is assessing the disposition of a new complaint, the Registrar shall bring any JPRC history to the attention of the complaints committee and make available any complaint file materials requested by the committee.

Criteria in assessing appropriate disposition

7.23 The following criteria apply when a complaints committee is determining the appropriate disposition of a complaint:

7.24 a) Dismissal

A complaints committee will dismiss a complaint after reviewing the complaint if, in the complaints committee believes:

it is frivolous or an abuse of process, or

it falls outside the Review Council’s jurisdiction because it is a complaint about the exercise of judicial discretion and does not include an allegation of judicial misconduct, or

if it does include an allegation of judicial misconduct, the allegation is unproven or unfounded, or the conduct does not rise to the level of misconduct that requires further action on the part of the Review Council.

b) Provide advice

A complaints committee will provide advice to a justice of the peace, in person or by letter, or both, in circumstances where the misconduct complained of does not warrant another disposition, there is some merit to the complaint and the disposition is, in the opinion of the complaints committee, a suitable means of informing the justice of the peace that his/her course of conduct was not appropriate in the circumstances that led to the complaint.

c) Refer the complaint to the Chief Justice

A complaints committee will refer a complaint to the Chief Justice of the Ontario Court of Justice in circumstances where the conduct complained of does not warrant another disposition, there is some merit to the complaint and the disposition is, in the opinion of the complaints committee, a suitable means of

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informing the justice of the peace that his/her course of conduct was not appropriate in the circumstances that led to the complaint.

A complaints committee may impose conditions on their referral to the Chief Justice if, in its opinion, there is some course of action or remedial training of

which the subject justice of the peace could take advantage.

d) Order a hearing

A complaints committee will order a hearing into a complaint where there has been an allegation of judicial misconduct that the complaints committee believes has a basis in fact and which, if believed by the finder of fact, could result in a finding of judicial misconduct.

8. NOTICE OF DECISION OF COMPLAINTS COMMITTEE


Report to Review Council

The complaints committee shall report to the Review Council on its decision and, except where it orders a formal hearing, shall not identify the complainant or the justice of the peace who is the subject of the complaint in its report.

s. 11 (18)Procedural Rules

Notice of decision communicated

To the complainant

8.1 The Council shall communicate the disposition of a complaint to the complainant in a disposition letter.

8.2 In accordance with the instructions of the complaints committee, the Registrar will draft the disposition letter. The draft disposition letter is circulated to the complaints committee for review and consideration and, once approved, is sent to the complainant in accordance with section 11(3) of the Act.

8.3 Where a committee decides to dismiss a complaint, provide advice to the justice of the peace, or refer the complaint to the Chief Justice, it will provide brief reasons in its disposition letter for doing so.

To the subject justice of the peace

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8.4 The Council will provide a copy of the disposition letter to the subject justice of the peace in circumstances where he or she was advised of the complaint due to the fact that a complaints committee sought a response from the justice of the peace to the complaint.

8.5 In circumstances where a complaint is dismissed and a response was not sought from the justice of the peace, the Council will provide a copy of the disposition letter to the subject justice of the peace, subject to instructions from the justice of the peace to waive such notice.

Justices of the peace to provide instructions

8.6 The Council has distributed an instruction form to all justices of the peace to sign and complete, in which the justices of the peace instruct the Review Council whether they wish to be advised of complaints made against them that are dismissed. The Review Council has also distributed an address form for all justices of the peace to sign and complete, instructing the Review Council of the address to which correspondence about complaint matters should be sent.

9. HEARINGS – GENERAL

Legislative provisions

Rules of procedure

The rules of procedure established under subsection 10 (1) apply to the hearing.

s. 11.1 (5)

Application of SPPA

The Statutory Powers Procedure Act, except sections 4 and 28, applies to the hearing.

s. 11.1 (4)

Translation, Interpretation and Bilingual Proceeding

A hearing under section 11.1 shall be conducted in English, but a complainant or witness who speaks French or a justice of the peace who is the subject of a complaint and who speaks French is entitled, on request,

(a) to be given, before the hearing, French translations of documents that are written in English and are to be considered at the hearing;

(b) to be provided with the assistance of an interpreter at the hearing; and

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(c) to be provided with simultaneous interpretation into French of the English portions of the hearing

s. 10.1 (3)

The Review Council may direct that a hearing to which subsection (3) applies be conducted bilingually, if it is of the opinion that it can be properly conducted in that manner.

s. 10.1 (4)

A direction under subsection (4) may apply to a part of the hearing and, in that case, subsections (6) and (7) apply with necessary modifications

s. 10.1 (5)

In a bilingual hearing,

a. oral evidence and submissions may be given or made in English or French, and shall be recorded in the language in which they are given or made;

b. documents may be filed in either language;

c. the reasons for a decision may be written in either language.

s. 10.1 (6)

In a bilingual hearing, if the complainant or the justice of the peace who is the subject of the complaint does not speak both languages, he or she is entitled, on request, to have simultaneous interpretation of any evidence, submissions or discussions spoken in the other language and translation of any document filed or reasons written in the other language.

s. 10.1 (7)

Procedural Rules

9.1 A hearing panel may hold the hearing in any combination of written, electronic and oral proceedings.

9.2 (1) Subject to subrule (2), every hearing of the Review Council shall take place in Toronto.

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(2) (a) Any party may bring a motion for a change in venue before a hearing panel seeking an order that the hearing take place in a location other than Toronto.

(b) A hearing panel may only grant a motion for a change in venue in exceptional circumstances.

(c) In deciding whether exceptional circumstances exist, a Hearing Panel may consider,

i. the convenience of the parties; ii. the cost, efficiency and timeliness of the proceeding in

which the hearing is being held; iii. the avoidance of delay or unnecessary length; iv. the fairness of the process; v. public accessibility to the hearing;vi. the fulfilment of the Review Council’s statutory mandate;

andvii. the just and expeditious determination of the hearing.

9.3 The Protocol Regarding the Use of Electronic Communications Devices in the JPRC Hearing Proceedings applies to all persons attending or participating in a hearing.

10. HEARING PANELS


Hearing Panels

When a hearing is ordered under subsection 11 (15), the chair of the Review Council shall establish a hearing panel from among the members of the Review Council to hold a hearing in accordance with this section

s. 11.1 (1)

Temporary Members

The Chief Justice of the Ontario Court of Justice may appoint a judge or a justice of the peace who is not a member of the Review Council to be a temporary member of a complaints committee or a hearing panel in order to deal fully with the matter.

s. 8 (10)Composition

A hearing panel shall be composed of,

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(a) a judge who shall chair the panel;


(c) a member who is a judge, a lawyer or a member of the public.

s. 11.1 (2)

Disqualification

The members of a complaints committee who investigated the complaint shall not participate as members of the hearing panel who deal with the complaint.

s. 11 (4)

All the members of the panel constitute a quorum.

s.11.1 (3)

Communication by members

The members of the panel participating in the hearing shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any party, counsel, agent or other person, unless all the parties and their counsel or agents receive notice and have an opportunity to participate

s.11.1 (6)

Subsection (6) does not preclude the Review Council from engaging counsel to assist the panel in accordance with subsection 8 (15).

s.11.1(7)

Parties to the hearing

The panel shall determine who are the parties to the hearing.

s.11.1 (8)

Procedural Rules

Mandate of hearing panel

10.1 The Hearing Panel’s mandate is to inquire into the facts to determine whether there has been judicial misconduct and, if judicial misconduct is found, determine the appropriate disposition(s) to preserve or restore public confidence in the judiciary.

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10.2 These Rules of Procedure shall be liberally construed so as to ensure the just determination of every hearing on its merits.

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11. PRESENTING COUNSEL



s. 8 (15)

Procedural Rules

11.1 On the making of an order for a hearing in respect of a complaint against a justice of the peace, the Registrar will, on behalf of the Council, retain legal counsel to act as independent “Presenting Counsel” to prepare and present the case to the hearing panel.

11.2 Presenting Counsel is fully independent, and does not take instructions from the Review Council, the hearing panel or Council staff.

11.3 Rather than seeking a particular disposition, the duty of Presenting Counsel engaged to appear before a hearing panel is to see that the complaint against the justice of the peace is evaluated fairly and dispassionately to achieve a just result and to preserve or restore confidence in the judiciary.

11.4 During the hearing process, all communications between Presenting Counsel and the Hearing Panel shall be made on the record, and in the case of written communications, such communications shall be copied to counsel for the Respondent or where there is no counsel, the Respondent.

11.5 A lawyer or law firm retained to act as Investigating Counsel to assist a complaints committee in investigating a complaint may not be retained as Presenting Counsel for any hearing ordered for that same complaint or any other complaint against that same justice of the peace.

Registrar may instruct lawyer when hearing process complete

11.6 Once the hearing process is complete, the Registrar, on behalf of the Review Council, may provide instructions to a lawyer retained to represent the Council in respect of any court proceedings arising from the hearing.

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12. LEGAL COUNSEL FOR JUSTICE OF THE PEACE

Procedural Rules

12.1 A justice of the peace has the right to be represented by counsel at the hearing stage, or to act on his or her own behalf in any hearing.

13. NOTICE OF HEARING

Procedural Rules

13.1 A hearing shall be commenced by a Notice of Hearing (Appendix D). Presenting Counsel shall draft the Notice of Hearing for the approval of the complaints committee that referred the complaint for a hearing.

13.2 The Notice of Hearing shall contain,

a) particulars of the allegations against the respondent;

b) a reference to the statutory authority under which the hearing will be held;

c) a statement of the time and place of the commencement of the hearing;

d) a statement of the purpose of the hearing; and

e) a statement that if the respondent does not attend at the hearing, the panel may proceed in the respondent’s absence and the respondent will not be entitled to any further notice of the proceeding.

13.3 Presenting Counsel shall cause the Notice of Hearing to be served upon the respondent by:

a) personal service; or

b) upon a motion to the panel hearing the complaint, an alternative to personal service, and Presenting Counsel shall file proof of service with the Review Council; or

c) if the justice of the peace, or counsel for the justice of the peace, agrees to accept service by email, service may be effected by Presenting Counsel emailing a copy of the issued Notice of Hearing to the justice of the peace or his or her counsel.

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13.4 At the initial set-date proceeding presided over by the Hearing Panel, Presenting Counsel will file the Notice of Hearing as an exhibit.

13.5 Recognizing the role that the complaints process has in maintaining and restoring public confidence, and that the legislative requirements for maintaining privacy no longer apply for formal hearings under section 11.1 of the Act, once Presenting Counsel files the Notice of Hearing as an exhibit at the set-date, the complaints process becomes public, subject to any orders by the hearing panel.

14. PUBLIC INFORMATION ABOUT HEARING PROCEEDINGS



Meetings of the Review Council and of its complaints committees shall be held in private but, subject to subsection 11.1 (4), hearings under section 11.1 shall be open to the public.

s. 9(6)

Procedural Rules

14.1 Once the complaint has become public, the Registrar shall cause notice of the hearing to be,

a) posted in the prescribed form on the Review Council’s website, subject to any orders by the hearing panel; and

b) published in a local newspaper not less than two weeks prior to the commencement of the hearing.

14.2 A hearing panel may, on such grounds as it deems appropriate, abridge the time for publication in the local newspaper.

14.3 The public notice posted and published by the Registrar shall include a brief summary of the allegations of misconduct but shall not identify any complainants or witnesses, due to the possibility that a complainant or witness may ask for their identity to be protected by a publication ban.

14.4 If a justice of the peace has been non-assigned or reassigned to a different location pending the final disposition of the complaint under s. 11(12) of the Act, the Registrar shall include that information on the Council’s website.

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15. EXCEPTIONS TO FULLY OPEN HEARING


Orders prohibiting publication at hearing

If the complaint involves allegations of sexual misconduct or sexual harassment, the panel shall, at the request of a complainant or of a witness who testifies to having been the victim of such conduct by the justice of the peace, prohibit the publication of information that might identify the complainant or witness, as the case may be.

s. 11.1(9)Statutory Powers Procedures ActHearings to be public; exceptions

9. (1) An oral hearing shall be open to the public except where the tribunal is of the opinion that,

(a) matters involving public security may be disclosed; or

(b) intimate financial or personal matters or other matters may be disclosed at the hearing of such a nature, having regard to the circumstances, that the desirability of avoiding disclosure thereof in the interests of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public,

in which case the tribunal may hold the hearing in the absence of the public.

s. 9(1)

Procedural Rules

15.1 When deciding whether there are exceptional circumstances that justify maintaining confidentiality and holding all or part of a hearing in private, the Hearing Panel shall consider,

c) where matters involving public or personal security may be disclosed, or

d) where intimate financial, personal or other matters may be disclosed at the hearing of such a nature that, having regard to the circumstances, the desirability of avoiding disclosure is in the interests of any person affected or in the public interest and outweighs the desirability of adhering to the principle that the hearing be open to the public.

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Publication bans

15.2 The Hearing Panel may, on motion by any party and at any time during the hearing, order that certain information or documents remain confidential or be subject to a publication ban, including information contained in the allegations in the Notice of Hearing.

15.3 When a party files a motion requesting a publication ban, the Council shall provide public notice of such motion on its website.

15.4 The onus is on the party bringing a motion for a publication ban to give proper notice of the motion to major media outlets.

15.5 If a party believes that a publication ban ordered by the Hearing Panel may have been violated, the party may file a motion in writing requesting that the Hearing Panel state a case to the Divisional Court, pursuant to section 13 of the Statutory Powers Procedures Act, so that the Court may inquire into the facts to determine whether there has been a violation of the publication ban.

16. PRE-HEARING PROCEDURES

Response to Notice of Hearing by Justice of the Peace

16.1 A respondent may file a response to the allegations in the Notice of Hearing, and if so, shall serve a copy on Presenting Counsel and file the original in the Council office.

16.2 A respondent may at any time before or during the hearing serve on Presenting Counsel and file with Council office an amended response.

16.3 The response and/or amended response may contain full particulars of the facts on which the respondent relies.

16.4 Failure to file a response shall not be deemed to be an admission of any allegations against the respondent.

Obligation to provide respondent with disclosure

16.5 Presenting Counsel shall, before the hearing, forward to the respondent or to counsel for the respondent:

a) the names and contact information for all witnesses who will be called by Presenting Counsel to give evidence;

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b) any statements taken from any witnesses that were not provided during the investigation phase; and

c) summaries of any interviews with such witnesses conducted before the hearing who were not interviewed during the investigative stage, and

the Hearing Panel may preclude Presenting Counsel from calling a witness at the hearing if Presenting Counsel has not provided such information.

16.6 Presenting Counsel shall confirm before the hearing that the respondent or the respondent’s counsel has received full disclosure of all non-privileged materials considered by the complaints committee during the investigation stage. If such materials have not been received by the justice of the peace, or his or her lawyer, Presenting Counsel shall provide the disclosure.

16.7 Presenting Counsel’s disclosure obligations apply equally to any documents relevant to the allegations in the Notice of Hearing that are in the possession ofPresenting Counsel and that have not already been disclosed in the complaints process.

Pre-hearing conference

16.8 Upon request by Presenting Counsel or by the respondent, the Hearing Panel may order that a pre-hearing conference take place before a judge or justice of the peace of the Ontario Court of Justice for the purposes of narrowing or resolving the issues. Any discussions at the pre-hearing conference are confidential and without prejudice.

16.9 Any judge or justice of the peace who,

a) was a member of the complaints committee that investigated the complaint; or

b) Is a member of the Hearing Panel that will hear the allegations against the justice of the peace,

shall not preside over the pre-hearing conference in respect of the same complaint.

Pre-Hearing Motions

16.10 A party bringing a motion shall file the original and three print copies with the Council office, and provide an electronic version by email to the Registrar.

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16.11(1) Any party to the hearing may, not later than 10 days before a set-date, file a notice of motion regarding any procedural or other matters that are required to be determined before the hearing can be scheduled. At the set-date, the hearing panel will schedule a date for the motion to be heard and the Registrar will provide notice of the motion and its return date on the Review Council’s website, unless the hearing panel orders otherwise.

(2) Any party to the hearing may, by motion, not later than 10 calendar days before the commencement of the date set for the hearing, bring any procedural or other matters to the hearing panel as are required to be determined prior to the hearing of evidence in relation to the complaint.

(3) Without limiting the generality of the foregoing, a motion may be made for any of the following purposes:

a) objecting to the jurisdiction of the Hearing Panel to hear the complaint;

b) resolving any issues with respect to any reasonable apprehension of bias or institutional bias on the part of the panel;

c) objecting to the sufficiency of disclosure by Presenting Counsel;

d) determining any point of law for the purposes of expediting the hearing;

e) determining any claim of privilege in respect of the evidence to be presented at the hearing;

f) any matters relating to scheduling;

g) seeking a publication ban or an order that the hearing or part thereof proceed in the absence of the public, in which case the Review Council shall provide public notice of any such motion on its website; or

h) determining any other procedural or other matters as required.

16.11 A motion seeking any of the relief set out above may not be brought during the hearing, without leave of the hearing panel, unless it is based upon the manner in which the hearing has been conducted.

16.12 The hearing panel may, on such grounds as it deems appropriate, abridge the time for bringing any motion.

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16.13 The Hearing Panel shall appoint a time and a place for the hearing of submissions on any motion as soon as is reasonably possible and shall render a decision thereon as soon as is reasonably possible.

Agreed Statements of Fact

16.14 The parties may rely on an Agreed Statement of Facts by filing same with the Registrar no later than 10 days before the date set for the commencement of the hearing. The recommended template for an Agreed Statement of Facts is included as “Appendix E” to these Rules of Procedure.

16.15 The hearing panel, may, on such grounds as it deems appropriate, abridge the time for filing an Agreed Statement of Facts.

Summons

16.16 On application at any time, Presenting Counsel or the justice of the peace may request that the Registrar issue a summons to compel any person or party to give evidence by oath or affirmation at the hearing and to produce in evidence at the hearing any documents or things which are relevant to the subject matter of the hearing. The Registrar shall either issue the summons or, if he or she believes that there is a question of relevancy that should be determined by the Hearing Panel, inform the party seeking the summons that he or she must bring a motion before the Hearing Panel for a determination as to whether a summons should issue.

16.17 A summons issued under this section shall be in the form prescribed by subsection 12(2) of the Statutory Powers Procedure Act.

Conduct of Hearing

16.18 The following guidelines apply to the conduct of the hearing, unless the panel, on motion by a party, or on consent, requires otherwise:

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a) All testimony shall be under oath or affirmation.

b) Presenting Counsel shall commence the hearing by an opening statement, and shall proceed to present evidence in support of the allegations in the Notice of Hearing by direct examination of witnesses.

c) Counsel for the respondent may make an opening statement, either immediately following Presenting Counsel’s opening statement, or immediately following the conclusion of the evidence presented on behalf of Presenting Counsel. After Presenting Counsel has called its evidence, and after the respondent has made an opening statement, the respondent may present evidence.

d) All witnesses may be cross-examined by the other party/parties to the hearing and re-examined as required.

e) The hearing shall be transcribed by a certified reporter. Upon request, the respondent shall be provided with a transcript of the hearing within a reasonable time and at no cost.

f) Both Presenting Counsel and the respondent may submit to the panel proposed findings, conclusions, recommendations or draft orders for the consideration of the hearing panel.

g) Presenting Counsel and counsel for the respondent may, at the close of the evidence, make statements summarizing the evidence and any points of law arising out of the evidence, with the order to be determined by the hearing panel.

Investigative Authority of the Hearing Panel

16.19 Given the important role of the Review Council in preserving public confidence in the judiciary, and recognizing that a three-person complaints committee that orders a hearing has concluded that the evidence could support a finding of judicial misconduct, a Hearing Panel has a responsibility to make its own determinations on the matters before it.

a) If Presenting Counsel decides against proceeding with one or more allegations in the Notice of Hearing that has been ordered to a hearing by a complaints committee, he or she shall inform the Hearing Panel on the record prior to any evidence being called, and state his or her reason(s) for not presenting evidence and/or making submissions in respect of the allegation(s) in order that the Hearing Panel has sufficient information to determine

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whether not proceeding will achieve a just result and preserve confidence in the judiciary.

b) The Hearing Panel may ask questions and/or request further information from Presenting Counsel on his or her decision not to proceed with an allegation specified in the Notice of Hearing.

c) After providing an opportunity for the parties to make submissions, the Hearing Panel may require Presenting Counsel to proceed with one or more allegations in the Notice of Hearing.

d) A hearing panel is not bound by joint submissions from the parties.

e) A hearing panel is not limited to making its determinations based upon an Agreed Statement of Facts filed by the parties. Whether or not an Agreed Statement of Facts is filed by the parties, a hearing panel may direct that certain witnesses or evidence be presented at the hearing, if the Panel is of the view that the witnesses or evidence may be relevant and it has not been put forward at the hearing by the parties.

17. DISPOSITIONS AND ORDERS DETERMINED BY HEARING PANEL


After completing the hearing, the hearing panel may dismiss the complaint, with or without a finding that it is unfounded or, if it upholds the complaint, it may:

a. warn the justice of the peace;

b. reprimand the justice of the peace;

c. order the justice of the peace to apologize to the complainant or to any other person;

d. order the justice of the peace to take specified measures such as receiving education or treatment, as a condition of continuing to sit as a justice of the peace;

e. suspend the justice of the peace with pay, for any period;

f. suspend the justice of the peace without pay, but with benefits, for a period up to thirty days; or

g. recommend to the Attorney General that the justice of the peace be removed from office in accordance with section 11.2

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s. 11.1 (10)

Combination of sanctions

The panel may adopt any combination of the dispositions set out in clauses (10) (a) to (f).

s.11.1 (11)

Disability

If the panel finds that the justice of the peace is unable, because of a disability, to perform the essential duties of the office, but would be able to perform them if his or her needs were accommodated, it shall order that the justice of the peace’s needs be accommodated to the extent necessary to enable him or her to perform those duties.

s.11.1(12)

Subsection (12) applies if,

(a) the effect of the disability on the justice of the peace’s performance of the essential duties of the office was a factor in the complaint; and

(b) the panel dismisses the complaint or makes a disposition under clauses (10) (a) to (f).

s.11.1(13)

Subsection (12) does not apply if the panel is satisfied that making an order would impose undue hardship on the person responsible for accommodating the justice of the peace’s needs, considering the cost, outside sources of funding, if any, and health and safety requirements, if any.

s.11.1(14)

The panel shall not make an order under subsection (12) against a person without ensuring that the person has had an opportunity to participate and make submissions.

11.1(15)

An order made under subsection (12) binds the Crown.

11.1(16)

Procedural Rules

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Factors in Considering Appropriate Disposition

17.1 In determining the appropriate disposition of a complaint following a hearing, the hearing panel shall focus on what is required to restore public confidence in the justice of the peace and in the judiciary in general.

17.2 If it is determined that a disposition under s. 11.1(10) is required, the Panel should first consider the least serious disposition - a warning - and move sequentially to the most serious - a recommendation for removal - and order only what is necessary to restore public confidence in the justice of the peace and in the judiciary and the administration of justice generally.11

17.3 Factors that may be relevant to an assessment of the appropriate sanction for judicial misconduct include, but are not limited to:

i. Whether the misconduct is an isolated incident or evidences a pattern of misconduct;

ii. The nature, extent and frequency of occurrence of the act(s) of misconduct;

iii. Whether the misconduct occurred in or out of the courtroom;

iv. Whether the misconduct occurred in the justice of the peace’s official capacity or in his private life;

v. Whether the justice of the peace has acknowledged or recognized that the acts occurred;

vi. Whether the justice of the peace has evidenced an effort to change or modify his conduct;

vii. The length of service on the bench;

viii. Whether there have been prior findings of judicial misconduct about this justice of the peace;

ix. The effect the misconduct has upon the integrity of and respect for the judiciary; and

x. The extent to which the justice of the peace exploited his or her position to satisfy his or her personal desires.

17.4 The judicial discipline process is remedial. Following a finding of judicial misconduct, Presenting Counsel shall file with the Hearing Panel the justice of

11 Re Baldwin (OCJ, 2002)

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the peace’s disposition history other than dismissed complaints to which the justice of the peace was not invited to respond.

18. REMOVAL FROM OFFICE


A justice of the peace may be removed from office only by order of the Lieutenant Governor in Council.

s. 11.2 (1)

The order may be made only if,

a. A complaint about the justice of the peace has been made to the Review Council; and

b. a hearing panel, after a hearing under section 11.1, recommends to the Attorney General that the justice of the peace be removed on the ground that he or she has become incapacitated or disabled from the due execution of his or her office by reason of,

i. inability, because of a disability, to perform the essential duties of his or her office, if an order to accommodate the justice of the peace’s needs would not remedy the inability, or could not be made because it would impose undue hardship on the person responsible for meeting those needs, or was made but did not remedy the inability,

ii. conduct that is incompatible with the due execution of his or her office, or

iii. failure to perform the duties of his or her office.

s. 11.2 (2)

Order to be tabled

The order shall be laid before the Legislative Assembly if it is in session or, if not, within 15 days after the commencement of the next session.

s. 11.2 (3)

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19. COMPENSATION

Following an investigation

The complaints committee may recommend that the justice of the peace be compensated for all or part of the cost of legal services incurred in connection with the investigation.

s. 11 (16)

The amount of compensation recommended under subsection (16) shall be based on a rate for legal services that does not exceed the maximum rate normally paid by the Government of Ontario for similar services.

s.11 (17)

Following a hearing

The panel may recommend that the justice of the peace be compensated for all or part of the cost of legal services incurred in connection with the hearing.

s. 11.1 (17)

The amount of compensation recommended under subsection (17) shall be based on a rate for legal services that does not exceed the maximum rate normally paid by the Government of Ontario for similar services.

s.11.1 (18)

Procedural Rules

Issue of compensation following a hearing

19.1 A Hearing Panel’s consideration of the question of compensation shall take place in public if there was a public hearing into the complaint, and otherwise shall take place in private.

19.2 A Hearing Panel has discretion to recommend to the Attorney General whether or not a justice of the peace should be compensated for some or all of his or her legal costs incurred in connection with the hearing. This discretion shall be exercised on a case-by-case basis.

19.3 The principle objective of the complaint process is to restore and maintain public confidence in the integrity of the judiciary, not to punish the judicial office holder. When considering whether a justice of the peace should be compensated for legal costs, a Hearing Panel shall be guided by the principle that it is generally in

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the best interest of the administration of justice for justices of the peace who are the subject of complaints to have the benefit of legal counsel in order to ensure a fair, full and complete process.12

19.4 A finding of judicial misconduct does not, in itself, preclude a Hearing Panel from making a recommendation for compensation.13 When there has been a finding of judicial misconduct, the decision about whether a justice of the peace should be compensated for part, none or all of his or her legal costs shall be based upon consideration of the circumstances of the case, viewed in the context of the objectives of the complaint process, including:

a) The nature and seriousness of the misconduct;

b) The connection of the misconduct to the judicial function; chief among the circumstances will be the nature of the misconduct and its connection to the judicial function. For example, misconduct that is more directly related to the judicial function may be more deserving of a compensation order than conduct that is less directly related.

c) Whether the conduct was such that any person ought to have known it was inappropriate; conduct that any person ought to have known was inappropriate will be less deserving of a compensation decision than would conduct that is only determined to be inappropriate as a result of the ultimate decision in a particular case.

d) Whether the misconduct consisted of a single instance or multiple instances; where there are multiple instances, the justice of the peace may be less deserving of a compensation recommendation than if there was a single instance of misconduct.

e) Whether there had been prior findings of misconduct; where there has been a previous finding of misconduct, the justice of the peace may be less deserving of a compensation recommendation.

f) The conduct of the hearing; compensation should not include the costs associated with steps which the decision-maker views as unmeritorious or unnecessary.14

12 Massiah v. Justices of the Peace Review Council, 2016 ONSC 6191 (Div Ct)13 Massiah v. Justices of the Peace Review Council, 2016 ONSC 6191 (Div Ct).14 See Re: Foulds: Decision on Disposition and Compensation for Legal Costs Following a Finding of Misconduct (JPRC, 2018) and Re: Keast: Reasons for Decision- Compensation for Legal Costs (OJC 2018).

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20. REPORT TO ATTORNEY GENERAL


The panel may make a report to the Attorney General about the complaint, investigation, hearing and disposition, subject to any order made under subsection 8(18), and the Attorney General may make the report public if of the opinion that this would be in the public interest.

s. 11.1 (19)

Non-identification of persons

A complainant or witness at whose request an order was made under subsection (9) shall not be identified in the report.

s. 11.1 (20)

Continuing publication ban

If an order was made under subsection (9) and the panel dismisses the complaint with a finding that it was unfounded, the justice of the peace shall not be identified in the report without his or her consent and the panel shall order that information that relates to the complaint and might identify the justice of the peace shall never be made public without his or her consent.

s. 11.1 (21)

21. CRITERIA AND PROCEDURES FOR APPLICATION TO ENGAGE IN OTHER REMUNERATIVE WORK


Other work

A justice of the peace shall not engage in any other remunerative work without the approval of the Review Council.

s. 19

Functions

The functions of the Review Council are,(e) to decide whether a justice of the peace may engage in other remunerative work.

s. 8(2)(e)

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Procedural Rules

21.1 All such applications to the Justices of the Peace Review Council will be considered by the Review Council at the earliest possible opportunity and the justice of the peace will be advised of its decision, in writing.

Application Procedure

21.2 An application for such approval must be made by the justice of the peace to the Justices of the Peace Review Council, in writing, prior to accepting or engaging in other extra-remunerative work and must set out a detailed explanation of the activity for which approval is sought, an estimate of the time commitment required and the amount of the remuneration. The applicant must also address in his or her letter each of the criteria indicated below that will be considered by the Review Council.

21.3 This application must be accompanied by a letter from the relevant Regional Senior Justice of the Peace providing his or her opinion with respect to any concerns about potential impacts related to scheduling and the applicant’s assignment of duties.

21.4 The Council looks at two aspects in relation to remuneration associated with the work. Firstly, the Council considers whether the work gives rise to any remuneration to the applicant justice of the peace. Secondly, the Council considers that a justice of the peace is engaged in extra-remunerative work when that justice of the peace is a party to someone else’s remunerative work. Once the Council has established whether there is any remuneration, the policy and criteria set out in the Council’s Extra-Remunerative Policy are considered.

21.5 The following are some of the criteria which should be addressed by the applicant in the letter of application and which will be considered by the Review Council in assessing whether or not approval will be granted:

a) whether there is an actual, or perceived, conflict of interest between the duties as assigned and the extra-remunerative activity for which approval is sought; (examples of potential conflict of interest include: employment by government in any capacity related to the administration of justice, the courts or corrections, engagement in the practice of law, employment in a legal clinic or a law firm, etc.)

b) whether the nature of the activity for which the justice of the peace seeks approval will present an intrusive demand on the time, availability or energy of the justice of the peace and his or her ability to properly perform the judicial duties assigned;

c) whether the activity for which the justice of the peace seeks approval is a

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seemly or appropriate activity in which a judicial officer should engage, having regard to the public perceptions of judicial demeanour, independence and impartiality.

Commercial Extra-remunerative Work

The Council has noted that the criterion in paragraph c) above must be understood in the context of the public policy encapsulated in the legislative framework set out in the Act R.S.O. 1990, c. J.4, as amended and, in particular, in view of the amendments that resulted from the Access to Justice Act, 2006, S.O. 2006, c. 21. The amendments brought about a comprehensive reform intended to strengthen public confidence in a professional bench and in the justice system.

Having carefully considered the public policy underlying the current legislative framework, the objectives of the amendments underlying the Access to Justice Act, 2006, and the Principles of Judicial Office of Justices of the Peace of the Ontario Court of Justice, the Review Council has determined that it would in general be unseemly for full-time presiding justices of the peace to be engaged in commercial extra-remunerative work.

The Review Council has approved some applications to extra-remunerative work by full-time presiding justices of the peace on an exceptional basis in limited circumstances where the activity was primarily non-commercial and had other intrinsic value from an educational, patriotic, religious or creative standpoint. In accordance with the Council’s procedures, an applicant who seeks approval to engage in commercial activity should address the issue of why the application for extra-remunerative work should be approved as an exception to the general policy that full-time presiding justices of the peace should not engage in extra-remunerative work that is commercial in nature.

Additional Information

21.6 If upon its review of the application, the Review Council is not satisfied that there is sufficient information, the Review Council may request such additional information as the Review Council may deem necessary and relevant, including information from the justice of the peace, the Regional Senior Justice of the Peace or any other person.

Approval of Application without Conditions

21.7 If, upon its review of the application and any additional material, the Review Council is satisfied that there is sufficient information to approve the application, without conditions, the Review Council will approve the application. The applicant justice of the peace will be advised in writing of the decision of the Review Council, including brief reasons for the decision.

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Opportunity to Respond to Concerns

21.8 If, upon its review of the application and any additional information, the Review Council has concerns about granting the application, the Review Council will provide a letter to the applicant justice of the peace setting out its concerns. The Review Council may also suggest conditions of approval to address those concerns.

21.9 The justice of the peace will be given an opportunity to respond to the concerns of the Review Council and to respond to any suggested conditions by sending submissions in writing to the Review Council. If the justice of the peace agrees with the conditions, he or she should respond to the Review Council confirming his or her agreement with the approval being contingent upon the conditions.

21.10 The justice of the peace will be given thirty calendar days to respond from the date of the letter from the Review Council expressing its concerns. If a response is not received from the applicant justice of the peace within that time, the Review Council members considering the request will be notified and a reminder letter will be sent to the justice of the peace. If no response is received within ten calendar days from the date of the reminder letter, the Review Council will proceed in the absence of a response.

Decision

21.11 The Review Council will consider the response of the justice of the peace, if any, in making its decision. The justice of the peace will be advised in writing of the Review Council’s approval of the application and of the conditions, if any, upon which the approval is contingent. In the alternative, the justice of the peace will be advised in writing that the request has not been approved. Brief reasons will be provided for the decision.

No Authority to Order Compensation for Legal Costs

21.12 The Review Council does not have legislative authority to recommend or order compensation for costs of legal services incurred as a result of an application for extra-remunerative work.

Application Process in Private

21.13 Any meeting of the Review Council regarding applications for extra-remunerative work shall be conducted in private

Quorum of Review Council

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21.14 The usual rules for composition and quorum apply to meetings for the purposes of considering applications for extra-remunerative work. The Chief Justice of the Ontario Court of Justice, or in his or her absence, the Associate Chief Justice Co-ordinator of Justices of the Peace, shall chair meetings held for the purposes of considering applications for extra-remunerative work. Six members of the Review Council, including the chair, constitute a quorum for the purposes of dealing with an application for approval of extra-remunerative work. At least half of the members present must be judges or justices of the peace. The chair is entitled to vote, and may cast a second deciding vote if there is a tie.

subs. 8(7),(8) and (11)

Annual report

21.15 After the end of each year, the Review Council shall make an annual report to the Attorney General on its affairs including a summary of each application for approval of extra-remunerative work received or dealt with during the year and the decision of the Review Council, but the report shall not include information that might identify the justice of the peace or the Region in which he or she presides.

subs. 9(7)

22. ACCOMMODATION OF NEEDS


A justice of the peace who believes that he or she is unable, because of a disability, to perform the essential duties of the office unless his or her needs are accommodated may apply to the Review Council for an order under subsection (2)

s. 5.2(1)

Duty of Review Council

If the Review Council finds that the justice of the peace is unable, because of a disability, to perform the essential duties of the office unless his or her needs are accommodated, it shall order that the needs of the justice of the peace be accommodated to the extent necessary to enable him or her to perform those duties.

s. 5.2(2)Undue hardship

Subsection (2) does not apply if the Review Council is satisfied that making an order would impose undue hardship on the person responsible for accommodating the needs of the justice of the peace, considering the cost, outside sources of funding, if any, and health and safety requirements, if any.

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s. 5.2(3)

Opportunity to participate

The Review Council shall not make an order under subsection (2) against a person without ensuring that the person has had an opportunity to participate and make submissions.

s. 5.2 (4)

The order binds the Crown

s. 5.2 (5)

Procedural Rules

22.1 The role of the Council must be viewed within the legislative framework of the Justices of the Peace Act and the legislated authority of the Regional Senior Justice under the direction of the Chief Justice of the Ontario Court of Justice pursuant to section 15(1) to direct and supervise the sittings of the justices of the peace in his or her region and the assignment of their judicial duties.

The Supreme Court of Canada has recognized that one characteristic fundamental to judicial independence is institutional independence with respect

to matters of administration bearing directly on the exercise of the judicial function: Valente v. The Queen, [1985] 2 SCR 673 at 686. Judicial control over such matters as assignment of judges and justices of the peace, sittings of the court and court lists has been considered the essential or minimum requirement for institutional independence.

While the Council cannot assume the responsibility of assignment of judicial duties, it can consider whether, as a result of a disability, a justice of the peace is able to perform the essential duties of the office if his or her needs areaccommodated.

22.2 Pursuant to section 5.2, the Justices of the Peace Act requires the Council to determine whether accommodation can be provided for a justice of the peace to perform his or her essential duties of the office.

22.3 Given that judicial control over assignment of justices of the peace is a component of judicial independence, the Review Council may not make an order that a justice of the peace should be accommodated by assigning the justice of the peace to only a portion of his or her essential duties.

22.4 For the Review Council to properly consider an application for accommodation,

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the applicant justice of the peace must first exhaust the accommodation of needs process that is available for judicial officers through the Ministry of the Attorney General and provide a copy of all documents, medical evidence and decisions resulting from the justice of the peace’s application through that process.

Application in writing

22.5 An application for accommodation of disability by a justice of the peace shall be in writing and shall include the following information:

a) a description of the needs to be accommodated;

b) a description of the essential duties of the justice of the peace’s office for which accommodation is required;

c) a description of the item and/or service required to accommodate the justice of the peace’s needs; and

d) a detailed medical report from a qualified doctor or other medical specialist (e.g., chiropractor, physiotherapist, etc.) supporting the justice of the peace’s application for accommodation.

22.6 The application and supporting materials are inadmissible, without the consent of the applicant, in any investigation or hearing, other than the hearing to consider the question of accommodation

22.7 Disclosure of the application and supporting materials by the Justices of the Peace Review Council to the public is prohibited without the consent of the applicant.

Accommodation subcommittee

22.8 On receipt of an application, the Review Council will convene an “accommodation subcommittee” of the Review Council composed of one justice of the peace and one lay member. At its earliest convenience the accommodation subcommittee shall meet with the applicant and with any person against whom the accommodation subcommittee believes an order to accommodate may be required, and retain such experts and advice as may be required, to formulate and provide a report to the Review Council.

Report of accommodation subcommittee

22.9 The accommodation subcommittee shall report its opinion to the Review Council in relation to,

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a) whether the justice of the peace has needs arising from a disability and whether those needs require accommodation;

b) what item and/or service is necessary to accommodate the justice of the peace’s needs;

c) the period of time that the item and/or service would be required to accommodate the justice of the peace’s needs;

d) the approximate cost of the item and/or service required to accommodate the justice of the peace's needs, taking into account the estimated length of time that the item and/or service would be required,

And the report shall include all of the evidence that the accommodation subcommittee considered in determining the cost of the accommodation.

22.10 If, after meeting with the applicant, the accommodation subcommittee is of the view that the applicant does not suffer from a disability, it shall communicate this fact to the Review Council in its report.

Initial consideration of application and report

22.11 Once the accommodation subcommittee has delivered its report, the Review Council shall meet, at its earliest convenience, to consider the application and the report of the accommodation subcommittee in order to determine whether or not the application for accommodation gives rise to an obligation under the statute to accommodate the applicant short of undue hardship.

Threshold test for qualification

22.12 When considering the application and the report, the Review Council shall be guided generally by human rights jurisprudence applicable to its jurisdiction as it relates to,

a) the definition of “disability”;

b) the content of the duty to accommodate; and

c) the procedures developed in the jurisprudence for the purposes of determining whether an order to accommodate is warranted.

22.13 The Council shall consider a condition to amount to a disability where it may interfere with the ability of a justice of the peace to perform the essential functions of his or her office.

Notification of Minister

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22.14 If the Review Council,

a) is satisfied that the justice of the peace’s condition meets the threshold test for qualification as a disability; and

b) is considering making an order to accommodate the justice of the peace,

the Review Council shall, at its earliest convenience, provide a copy of the application for accommodation and the report of the accommodation subcommittee to the Attorney General.

22.15 The Review Council shall give notice to the Minister that the Minister may make written submissions regarding whether any Order to accommodate a justice of the peace’s disability that the Review Council is considering would cause undue hardship to the Ministry of the Attorney General or any other person affected by the said order to accommodate. The Review Council will view the Minister, or any other person against whom an order to accommodate may be made, as having the onus of showing that accommodating the applicant will cause undue hardship.

22.16 The Review Council shall request that the Minister respond to the notice of application for accommodation within 30 days of the Minister receiving such notice.

22.17 The Review Council shall stipulate in its notice to the Minister that, in the event the Attorney General does not acknowledge the notice or does not make written submissions, the Review Council will proceed with making an Order to accommodate the justice of the peace in accordance with the justice of the peace’s application and the Review Council’s initial determination of the matter.

22.18 The Minister shall, within 30 days, advise the Review Council whether or not the Minister intends to make written submissions regarding the application for accommodation.

22.19 If the Minister intends to make written submissions regarding the application for an order to accommodate, such submissions shall be made within 60 days of the Minister advising the Review Council of an intention to respond.

Meeting to determine order to accommodate

22.20 After receipt of the Minister’s submissions with respect to undue hardship or the expiration of the time period specified in the notice to the Minister, whichever comes first, the Council shall meet, at its earliest convenience, to determine the order it shall make to accommodate the justice of the peace’s needs.

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22.21 The Review Council shall, before making its determination, consider the justice of the peace’s application, and any supporting materials and submissionsregarding the question of undue hardship.

22.22 In considering whether accommodation of the applicant will cause undue hardship, the Review Council will generally be guided by human rights jurisprudence relating to the question of whether undue hardship will be caused, considering the cost, outside sources of funding, if any, and health and safety requirements, if any.

Chair and quorum

22.23 The usual rules for composition and quorum apply to meetings for the purposes of considering applications for accommodation. The Chief Justice of the Ontario Court of Justice, or in his or her absence, the Associate Chief Justice Coordinator of Justices of the Peace, shall chair meetings held for the purposes of ordering accommodation. Six members of the Review Council, including the chair, constitute a quorum for the purposes of dealing with an application for accommodation of needs. At least half the members present must be judges or justices of the peace. The chair is entitled to vote, and may cast a second deciding vote if there is a tie.

Copy of Order

22.24 If the Review Council makes an Order to accommodate a justice of the peace’s disability, a copy of the order shall be provided to the justice of the peace and to any other person affected by the order within 10 calendars days of the date on which the decision was made.

23. REVIEW COUNCIL – GENERAL


The Council known in English as the Justices of the Peace Review Council and in French as Conseil d’évaluation des juges de paix is continued and shall be composed of,

a. the Chief Justice of the Ontario Court of Justice, or another judge of the Ontario Court of Justice designated by the Chief Justice;

b. the Associate Chief Justice Coordinator of Justices of the Peace;

c. three justices of the peace appointed by the Chief Justice of the Ontario Court of Justice;

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d. two judges of the Ontario Court of Justice appointed by the Chief Justice of the Ontario Court of Justice;

e. one regional senior justice of the peace appointed by the Chief Justice of the Ontario Court of Justice;

f. a lawyer appointed by the Attorney General from a list of three names submitted to the Attorney General by the Law Society of Upper Canada;

g. four persons appointed by the Lieutenant Governor in Council on the recommendation of the Attorney General.

s. 8 (1) and (3)

Functions

The functions of the Review Council are,

(a) to consider applications under section 5.2 for the accommodation of needs;

(b) to establish complaints committees from among its members to review and investigate complaints under section 11;

(b.1) to approve criteria under subsection 6 (5) for granting approval for justices of the peace to continue in office once they reach 65 years of age;

(c) to review and approve standards of conduct under section 13;

(d) to deal with continuing education plans under section 14; and

(e) to decide whether a justice of the peace may engage in other remunerative work.

s. 8 (2)

Quorum

The following quorum rules apply:

1. Six members, including the chair, constitute a quorum.

2. At least half the members present must be judges or justices of the peace.

s. 8 (11)

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Meetings

The Review Council may hold its meetings in person or through electronic means, including telephone conferencing and video conferencing.

s. 8 (24)

Standards of conduct

The Associate Chief Justice Coordinator of Justices of the Peace may establish standards of conduct for justices of the peace, including a plan for bringing the standards into effect, and shall implement the standards and plan when they have been reviewed and approved by the Review Council.

s. 13 (1)

Approval of continuing education plans

The Associate Chief Justice Coordinator of Justices of the Peace shall establish a plan for the continuing education of justices of the peace, and shall implement the plan when it has been reviewed and approved by the Review Council.

s. 14 (1)

Assistance to Review Council

Such employees as are considered necessary for the proper conduct of the affairs of the Review Council may be appointed under Part III of the Public Service of Ontario Act, 2006.

s. 8 (14)


s. 8 (15)

Provision of information to public

The Review Council shall provide, in courthouses and elsewhere, information about itself and about its role in the justice system, including information about how members of the public may obtain assistance in making complaints.

s. 9 (1)

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Where necessary, the Review Council shall arrange for the provision of assistance to members of the public in the preparation of documents for making complaints.

s.9 (3)

The Review Council shall provide province-wide free telephone access, including telephone access for the deaf, to information about itself and its role in the justice system.

s.9 (4)

Rules

The Review Council may establish rules of procedure for complaints committees and for hearing panels and the Review Council shall make the rules available to the public.

s.10 (1)

Use of official languages of the courts

The information provided under subsections 9 (1), (3) and (4) and any rules established under subsection 10 (1) shall be made available in English and French

s. 10.1(1)

Annual Report

After the end of each year, the Review Council shall make an annual report to the Attorney General on its affairs, in English and French, including, with respect to all complaints received or dealt with during the year, a summary of the complaint, the findings and a statement of the disposition, but the report shall not include information that might identify the justice of the peace, the complainant or a witness.

s. 9(7)

Same, publication

(8) The Review Council shall, no earlier than 15 but no later than 30 days after making the report, publish it in English and French on its website.

s. 9(8)

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APPENDIX A – Justices of the Peace ActR.S.O. 1990, CHAPTER J.4

CONTENTS

1. Definitions2. Appointment of justices2.1 Justices of the Peace Appointments Advisory Committee3. Oath of office4. Presiding justices5. Justices of the peace, by virtue of office5.1 Per diem justices5.2 Accommodation of needs6. Retirement at 65 years7. Resignation8. Review Council9. Other duties of Review Council10. Rules10.1 Use of official languages of courts10.2 Complaint re justice of the peace11. Investigations11.1 Hearings11.2 Removal from office12. Associate Chief Justice Co-ordinator of Justices of the Peace13. Standards of conduct13.1 Justice’s resignation, etc., inability or failure to give decision14. Continuing education15. Role of regional senior judges16. Regional senior justices of the peace17. Jurisdiction of justices18. Salary of part-time justices19. Other work20. Immunity from liability21. Regulations21.1 Remuneration of justices of the peace

Definitions

1 In this Act,

“prescribed” means prescribed by the regulations; (“prescrit”)

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“regulations” means the regulations made under this Act; (“règlements”)

“Review Council” means the Justices of the Peace Review Council continued by section 8. (“Conseil d’évaluation”) R.S.O. 1990, c. J.4, s. 1; 1994, c. 12, s. 50; 2006, c. 21, Sched. B, s. 1.

Section Amendments with date in force (d/m/y)

Appointment of justices

2 (1) The Lieutenant Governor in Council, on the recommendation of the Attorney General, may appoint full-time justices of the peace. 2006, c. 21, Sched. B, s. 2.

Part-time justices

(2) A person appointed as a part-time justice of the peace before subsection (1) came into force continues in office as a part-time justice of the peace. 2006, c. 21, Sched. B, s. 2.

Change to full-time

(3) The Lieutenant Governor in Council, on the recommendation of the Attorney General, may change a person’s appointment as a part-time justice of the peace to an appointment as a full-time justice of the peace. 2006, c. 21, Sched. B, s. 2.

Consultation

(4) Before making a recommendation under subsection (3), the Attorney General must obtain the recommendation of the Chief Justice of the Ontario Court of Justice on the matter. 2006, c. 21, Sched. B, s. 2.


Justices of the Peace Appointments Advisory Committee

2.1 (1) A committee known as the Justices of the Peace Appointments Advisory Committee in English and Comité consultatif sur la nomination des juges de paix in French is established. 2006, c. 21, Sched. B, s. 3.

Function

(2) The function of the Advisory Committee is to classify candidates for appointment as justices of the peace and to report on the classifications to the Attorney General. 2006, c. 21, Sched. B, s. 3.

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Composition

(3) The Advisory Committee is composed of seven core members as follows:

1. A judge of the Ontario Court of Justice appointed by the Chief Justice of the Ontario Court of Justice.

2. A justice of the peace appointed by the Chief Justice of the Ontario Court of Justice.

3. A justice of the peace appointed by the Chief Justice of the Ontario Court of Justice who is either the Senior Justice of the Peace Responsible for the Ontario Native Justice of the Peace Program or another justice of the peace familiar with aboriginal issues or, when the justice of the peace so appointed is not available to act as a member of the Advisory Committee, another justice of the peace familiar with aboriginal issues who is designated by the Chief Justice of the Ontario Court of Justice.

4. Four persons appointed by the Attorney General. 2006, c. 21, Sched. B, s. 3.

Regional members

(4) In addition to the core members appointed under subsection (3), the Advisory Committee shall include the following regional members in respect of its functions in a particular region:

1. The regional senior judge of the Ontario Court of Justice for the region or another judge of the Ontario Court of Justice from the same region designated by the regional senior judge.

2. The regional senior justice of the peace for the region or, when he or she is not available to act as a member of the Advisory Committee, another justice of the peace from the same region who is designated by the regional senior judge.

3. Not more than five other persons appointed by the Attorney General.

4. A member of the bar in the region appointed by the Attorney General from a list of three names submitted to the Attorney General by the Law Society of Ontario. 2006, c. 21, Sched. B, s. 3; 2018, c. 8, Sched. 15, s. 11 (1).

Criteria

(5) In the appointment of members under paragraph 4 of subsection (3) and paragraph 3 of subsection (4), the importance of reflecting, in the composition of the Advisory Committee as a whole, Ontario’s linguistic duality and the diversity of its population and ensuring overall gender balance shall be recognized. 2006, c. 21, Sched. B, s. 3.

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Term of office

(6) The members appointed under paragraph 4 of subsection (3) and under paragraphs 3 and 4 of subsection (4) hold office for three-year terms and may be reappointed. 2006, c. 21, Sched. B, s. 3.

Personal liability

(7) No action or other proceeding for damages shall be instituted against the Advisory Committee or any of its members for any act done in good faith in the execution or intended execution of any power or duty of the Advisory Committee, or for any neglect or default in the exercise or performance in good faith of such power or duty. 2017, c. 2, Sched. 2, s. 20 (1).

Remuneration

(8) The members appointed under paragraph 4 of subsection (3) and under paragraphs 3 and 4 of subsection (4) are entitled to receive the daily remuneration that is fixed by the Lieutenant Governor in Council. 2006, c. 21, Sched. B, s. 3.

Chair

(9) The Attorney General shall designate one of the core members to chair the Advisory Committee for a term of up to three years. 2006, c. 21, Sched. B, s. 3.

Term of office

(10) The same person may serve as chair for two or more terms. 2006, c. 21, Sched. B, s. 3.

Chair votes

(11) The chair is entitled to vote and may cast a second deciding vote if there is a tie. 2006, c. 21, Sched. B, s. 3.

Manner of operating

(12) The Advisory Committee shall perform its function in the following manner:

1. It shall develop a candidate application form that specifies what supporting material is required, and it shall make the form available to the public.

2. It shall develop the application procedure and the general selection criteria and make information about them available to the public.

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3. On the request of the Attorney General, it shall advertise for applications for vacant justice of the peace positions.

4. It shall review and evaluate all applications received in response to an advertisement and may interview any of the candidates.

5. REPEALED: 2011, c. 1, Sched. 1, s. 4 (1).

6. It shall conduct the advertising and review process in accordance with general selection criteria, including the assessment of skills and abilities, community awareness, personal characteristics of candidates and the recognition of the desirability of reflecting the diversity of Ontario’s population in appointments of justices of the peace.

7. It shall determine the skills, abilities and personal characteristics that are desired in a justice of the peace and make information about them available to the public.

8. It shall classify candidates as “Not Qualified”, “Qualified” or “Highly Qualified” and report the classifications to the Attorney General. 2006, c. 21, Sched. B, s. 3; 2011, c. 1, Sched. 1, s. 4 (1).

(12.1) REPEALED: 2017, c. 2, Sched. 2, s. 20 (2).

Quorum for interview

(13) If the Advisory Committee interviews a candidate, the interview must be conducted by at least four members of the Committee, at least one of whom is a regional member from the region for which an appointment is considered and another of whom is a judge or justice of the peace described in subsection (13.2). 2007, c. 7, Sched. 20, s. 1.

Quorum re classification

(13.1) The quorum for decisions under paragraph 8 of subsection (12) is four members of the Committee, at least one of whom is a regional member from the region for which an appointment is considered and another of whom is a judge or justice of the peace described in subsection (13.2). 2007, c. 7, Sched. 20, s. 1.

Same

(13.2) The judge or justice of the peace referred to in subsections (13) and (13.1) may be either a core member or a regional member from the region for which an appointment is considered. 2007, c. 7, Sched. 20, s. 1.

Vacancies

(14) If a vacancy occurs among the members appointed under paragraph 4 of subsection (3) or under paragraph 3 or 4 of subsection (4), a new member may be appointed under the applicable provision for the remainder of the term. 2006, c. 21, Sched. B, s. 3.

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Qualification

(15) A candidate shall not be considered by the Advisory Committee unless he or she has performed paid or volunteer work equivalent to at least 10 years of full-time experience and,

(a) has a university degree;

(b) has a diploma or advanced diploma granted by a college of applied arts and technology or a community college following completion of a program that is the equivalent in class hours of a full-time program of at least four academic semesters;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is amended by striking out “or a community college”. See: 2009, c. 33, Sched. 2, ss. 39 (1), 80 (2).Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (15) is amended by adding the following clause:(b.1) has been granted by a post-secondary institution, other than a college of applied

arts and technology or a university, a diploma, certificate or other document evidencing successful completion of a program that can reasonably be considered to be equivalent to a program offered by a college of applied arts and technology and described in clause (b);

See: 2009, c. 33, Sched. 2, ss. 39 (2), 80 (2).(c) has a degree from an institution, other than a university, that is authorized to

grant the degree,

(i) under the Post-secondary Education Choice and Excellence Act, 2000,

(ii) under a special Act of the Assembly that establishes or governs the institution, or

(iii) under legislation of another province or territory of Canada;

(d) has successfully completed a program designated as an equivalency under subsection (16); or

(e) meets the equivalency requirement set out in subsection (17). 2006, c. 21, Sched. B, s. 3.

Equivalency programs

(16) For the purposes of clause (15) (d), the Attorney General may designate programs that involve training in the justice system, including programs designed to enhance diversity in the justice system, as programs that meet the educational equivalency, and shall make the list of programs so designated public. 2006, c. 21, Sched. B, s. 3.

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Exceptional qualifications

(17) For the purposes of clause (15) (e), a candidate may be considered to have met the equivalency requirement if he or she clearly demonstrates exceptional qualifications, including life experience, but does not have the educational requirements set out in clauses (15) (a) to (d). 2006, c. 21, Sched. B, s. 3.

Recommendation by Attorney General

(18) The Attorney General shall recommend to the Lieutenant Governor in Council for appointment as a justice of the peace only a candidate whom the Advisory Committee has classified as “Qualified” or “Highly Qualified”. 2006, c. 21, Sched. B, s. 3.

Annual report

(19) The Advisory Committee shall prepare an annual report, provide it to the Attorney General and make it available to the public. 2017, c. 34, Sched. 46, s. 21.

Same

(20) The Advisory Committee shall include such content in the annual report as the Attorney General may require. 2017, c. 34, Sched. 46, s. 21.

Tabling of annual report

(20.1) The Attorney General shall table the Advisory Committee’s annual report in the Assembly. 2017, c. 34, Sched. 46, s. 21.

Employees

(21) Such employees as are considered necessary for the proper conduct of the affairs of the Advisory Committee may be appointed under Part III of the Public Service of Ontario Act, 2006. 2006, c. 35, Sched. C, s. 56 (1).

Meetings

(22) The Advisory Committee may hold its meetings in person or through electronic means, including telephone conferencing and video conferencing. 2006, c. 21, Sched. B, s. 3.

Use of forms, etc.

(23) After the materials referred to in paragraphs 1 and 2 of subsection (12) are made publicly available, candidates submitting applications shall do so using the application

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form developed by the Advisory Committee and shall follow its procedures. 2006, c. 21, Sched. B, s. 3.

(24), (25) REPEALED: 2011, c. 1, Sched. 1, s. 4 (3).


Oath of office

3 Every justice of the peace, before beginning the duties of office, shall make the following oath or affirmation in French or in English:

I, ................, solemnly swear (affirm) that I will faithfully and to the best of my skill and knowledge, execute the duties of a justice of the peace, and I will do so without fear or favour, affection or ill will. So help me God. (Omit last sentence in an affirmation.)

R.S.O. 1990, c. J.4, s. 3.

Presiding justices

4 (1) Every justice of the peace is a presiding justice of the peace. 2006, c. 21, Sched. B, s. 4.

Exception

(2) Despite subsection (1), a person appointed as a non-presiding justice of the peace before that subsection came into force continues in office as a non-presiding justice of the peace. 2006, c. 21, Sched. B, s. 4.

Change to presiding

(3) The Lieutenant Governor in Council, on the recommendation of the Attorney General, may change a person’s appointment as a non-presiding justice of the peace to an appointment as a presiding justice of the peace. 2006, c. 21, Sched. B, s. 4.

Consultation

(4) Before making a recommendation under subsection (3), the Attorney General must obtain the recommendation of the Chief Justice of the Ontario Court of Justice on the matter. 2006, c. 21, Sched. B, s. 4.

Undesignated justices

(5) A person appointed as a justice of the peace before August 1, 1994 who has not been designated as a presiding or non-presiding justice of the peace shall not exercise

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any authority or receive any remuneration as a justice of the peace. 2006, c. 21, Sched. B, s. 4.


Justices of the peace, by virtue of office

5 Every judge of the Supreme Court of Canada, the Federal Court of Canada, the Court of Appeal, the Superior Court of Justice and every provincial judge is by virtue of his or her office a justice of the peace and also has power to do alone whatever two or more justices of the peace are authorized to do together. R.S.O. 1990, c. J.4, s. 5; 2002, c. 18, Sched. A, s. 11 (13).


Per diem justices

5.1 (1) The Attorney General, on the request of a justice of the peace, shall change his or her designation from that of a full-time or part-time justice of the peace to that of a per diem justice of the peace if the following conditions are met:

1. The Chief Justice of the Ontario Court of Justice recommends that the justice of the peace be designated as a per diem justice of the peace.

2. The justice of the peace provided services on or after April 1, 2000 as a full-time or part-time justice of the peace.

3. The justice of the peace has retired or will retire as a full-time or part-time justice of the peace before the effective date of the change in designation.

4. The justice of the peace will be under 75 years of age on the effective date of the change in designation. 2006, c. 21, Sched. B, s. 5; 2009, c. 33, Sched. 2, s. 39 (3); 2017, c. 2, Sched. 2, s. 21.

Cessation at 65 years

(2) Subject to subsection (3), a per diem justice of the peace shall not continue in office once he or she reaches 65 years of age. 2009, c. 33, Sched. 2, s. 39 (4).

Continuation in office

(3) A per diem justice of the peace who is 65 years of age or older may, subject to the annual approval of the Chief Justice of the Ontario Court of Justice, continue in office until he or she reaches 75 years of age. 2009, c. 33, Sched. 2, s. 39 (4).

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Criteria for approval

(4) The Chief Justice of the Ontario Court of Justice shall determine whether to grant approval under subsection (3) in accordance with the criteria developed and approved under subsection 6 (5). 2009, c. 33, Sched. 2, s. 39 (4).


Accommodation of needs

5.2 (1) A justice of the peace who believes that he or she is unable, because of a disability, to perform the essential duties of the office unless his or her needs are accommodated may apply to the Review Council for an order under subsection (2). 2006, c. 21, Sched. B, s. 6.

Duty of Review Council

(2) If the Review Council finds that the justice of the peace is unable, because of a disability, to perform the essential duties of the office unless his or her needs are accommodated, it shall order that the needs of the justice of the peace be accommodated to the extent necessary to enable him or her to perform those duties. 2006, c. 21, Sched. B, s. 6.

Undue hardship

(3) Subsection (2) does not apply if the Review Council is satisfied that making an order would impose undue hardship on the person responsible for accommodating the needs of the justice of the peace, considering the cost, outside sources of funding, if any, and health and safety requirements, if any. 2006, c. 21, Sched. B, s. 6.


(4) The Review Council shall not make an order under subsection (2) against a person without ensuring that the person has had an opportunity to participate and make submissions. 2006, c. 21, Sched. B, s. 6.

Crown bound

(5) The order binds the Crown. 2006, c. 21, Sched. B, s. 6.


Retirement at 65 years

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6 (1) Subject to subsections (2) and (3), every full-time or part-time justice of the peace shall retire when he or she reaches 65 years of age. 2009, c. 33, Sched. 2, s. 39 (5).

Continuation in office

(2) A full-time or part-time justice of the peace who is 65 years of age or older may, subject to the annual approval of the Chief Justice of the Ontario Court of Justice, continue in office until he or she reaches 75 years of age. 2009, c. 33, Sched. 2, s. 39 (5).

Same

(3) A justice of the peace who continues in office in accordance with subsection (2) after reaching 65 years of age continues as a full-time or part-time justice of the peace in accordance with the office he or she held before reaching 65 years of age, subject to a change in designation under section 5.1. 2009, c. 33, Sched. 2, s. 39 (5).

Regional senior justice of the peace

(4) A regional senior justice of the peace of the Ontario Court of Justice may continue in that office after reaching 65 years of age, subject to the annual approval of the Chief Justice of the Ontario Court of Justice, until the earlier of,

(a) the expiry of his or her term of office, including any renewal under subsection 16 (5); or

(b) when he or she reaches 75 years of age. 2009, c. 33, Sched. 2, s. 39 (5).

Criteria for approval

(5) The Chief Justice of the Ontario Court of Justice shall determine whether to grant approval under subsection (2) or (4) in accordance with criteria developed by the Chief Justice and approved by the Review Council. 2009, c. 33, Sched. 2, s. 39 (5).

Appointment after reaching 65 years

(6) This section applies, with necessary modifications, to a person appointed as a justice of the peace or as a regional senior justice of the peace after reaching 65 years of age. 2017, c. 20, Sched. 2, s. 35.


Resignation

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7 (1) A justice of the peace may resign from his or her office by delivering a signed letter of resignation to the Chief Justice of the Ontario Court of Justice. R.S.O. 1990, c. J.4, s. 7 (1); 2017, c. 2, Sched. 2, s. 22 (1).

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Effective date

(2) The resignation takes effect on the day the letter is delivered to the Chief Justice of the Ontario Court of Justice or, if the letter specifies a later day, on that day. R.S.O. 1990, c. J.4, s. 7 (2); 2017, c. 2, Sched. 2, s. 22 (2).


Review Council

8 (1) The council known in English as the Justices of the Peace Review Council and in French as Conseil d’évaluation des juges de paix is continued. 2006, c. 21, Sched. B, s. 7.

Functions

(2) The functions of the Review Council are,

(a) to consider applications under section 5.2 for the accommodation of needs;

(b) to establish complaints committees from among its members to review and investigate complaints under section 11;

(b.1) to approve criteria under subsection 6 (5) for granting approval for justices of the peace to continue in office once they reach 65 years of age;

(c) to review and approve standards of conduct under section 13;

(d) to deal with continuing education plans under section 14; and

(e) to decide whether a justice of the peace may engage in other remunerative work. 2006, c. 21, Sched. B, s. 7; 2009, c. 33, Sched. 2, s. 39 (6).

Composition

(3) The Review Council is composed of,

(a) the Chief Justice of the Ontario Court of Justice, or another judge of the Ontario Court of Justice designated by the Chief Justice;

(b) the Associate Chief Justice Co-ordinator of Justices of the Peace;

(c) three justices of the peace appointed by the Chief Justice of the Ontario Court of Justice;

(d) two judges of the Ontario Court of Justice appointed by the Chief Justice of the Ontario Court of Justice;

(e) one regional senior justice of the peace appointed by the Chief Justice of the Ontario Court of Justice;

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(f) a lawyer appointed by the Attorney General from a list of three names submitted to the Attorney General by the Law Society of Ontario;

(g) four persons appointed by the Lieutenant Governor in Council on the recommendation of the Attorney General. 2006, c. 21, Sched. B, s. 7; 2018, c. 8, Sched. 15, s. 11 (2).

Criteria

(4) In the appointment of members under clause (3) (g), the importance of reflecting, in the composition of the Review Council as a whole, Ontario’s linguistic duality and the diversity of its population and ensuring overall gender balance shall be recognized. 2006, c. 21, Sched. B, s. 7.

Term of office

(5) The members who are appointed under clauses (3) (f) and (g) hold office for four-year terms and are eligible for reappointment. 2006, c. 21, Sched. B, s. 7.

(6) REPEALED: 2017, c. 2, Sched. 2, s. 23.

Chair

(7) The Chief Justice of the Ontario Court of Justice or, in his or her absence, the Associate Chief Justice Co-ordinator of Justices of the Peace, shall chair all meetings of the Review Council. 2006, c. 21, Sched. B, s. 7.

Same

(8) The chair is entitled to vote and may cast a second deciding vote if there is a tie. 2006, c. 21, Sched. B, s. 7.

Vacancies

(9) If a vacancy occurs among the members appointed under clause (3) (f) or (g), a new member may be appointed under the applicable provision for the remainder of the term. 2006, c. 21, Sched. B, s. 7.

Temporary members

(10) The Chief Justice of the Ontario Court of Justice may appoint a judge or a justice of the peace who is not a member of the Review Council to be a temporary member of a complaints committee or hearing panel in order to deal fully with the matter. 2006, c. 21, Sched. B, s. 7.

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Quorum

(11) The following quorum rules apply:

1. Six members, including the chair, constitute a quorum.

2. At least half the members present must be judges or justices of the peace. 2006, c. 21, Sched. B, s. 7.

Voting by chair

(12) The chair of a complaints committee established under subsection 11 (1) or a hearing panel established under subsection 11.1 (1) is entitled to vote. 2006, c. 21, Sched. B, s. 7.

Disqualification

(13) The members of the Review Council who were members of a complaints committee dealing with a complaint shall not participate in a hearing of the complaint under section 11.1. 2006, c. 21, Sched. B, s. 7.

Employees

(14) Such employees as are considered necessary for the proper conduct of the affairs of the Review Council may be appointed under Part III of the Public Service of Ontario Act, 2006. 2006, c. 35, Sched. C, s. 56 (3).

Expert assistance

(15) The Review Council may engage persons, including counsel, to assist it and its complaints committees and hearing panels. 2006, c. 21, Sched. B, s. 7.

Support services

(16) The Review Council shall provide support services, including initial orientation and continuing education, to enable its members to participate effectively, devoting particular attention to the needs of the members who are neither judges nor lawyers and administering a part of its budget for support services separately for that purpose. 2006, c. 21, Sched. B, s. 7.

Same

(17) The Review Council shall administer a part of its budget for support services separately for the purpose of accommodating the needs of any members who have disabilities. 2006, c. 21, Sched. B, s. 7.

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Confidential records

(18) The Review Council, a complaints committee or a hearing panel may order that any information or documents relating to a meeting, investigation or hearing that was not held in public are confidential and shall not be disclosed or made public. 2006, c. 21, Sched. B, s. 7.

Same

(19) Subsection (18) applies whether the information or documents are in the possession of the Review Council, a complaints committee, a hearing panel, the Attorney General or any other person. 2006, c. 21, Sched. B, s. 7.

Exceptions

(20) Subsection (18) does not apply to information and documents,

(a) that this Act requires the Review Council to disclose; or

(b) that have not been treated as confidential and were not prepared exclusively for the purposes of a Review Council meeting or for an investigation of a complaint or for a hearing. 2006, c. 21, Sched. B, s. 7.

Personal liability

(21) No action or other proceeding for damages shall be instituted against the Review Council or any of its members or employees or any person acting under the authority of the Review Council, a complaints committee or hearing panel for any act done in good faith in the execution or intended execution of any power or duty of the Review Council, a complaints committee or a hearing panel or for any neglect or default in the exercise or performance in good faith of such power or duty. 2006, c. 21, Sched. B, s. 7.

Testimonial immunity

(22) No member or employee of the Review Council and no person acting under its authority may be compelled to give evidence in any administrative or civil proceeding in relation to anything done or omitted to be done in carrying out the purposes of this Act. 2006, c. 21, Sched. B, s. 7.

Remuneration

(23) The members who are appointed under clauses (3) (f) and (g) are entitled to receive the daily remuneration that is fixed by the Lieutenant Governor in Council. 2006, c. 21, Sched. B, s. 7.

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Meetings

(24) The Review Council may hold its meetings in person or through electronic means, including telephone conferencing and video conferencing. 2006, c. 21, Sched. B, s. 7.


Other duties of Review CouncilProvision of information to public

9 (1) The Review Council shall provide, in courthouses and elsewhere, information about itself and about its role in the justice system, including information about how members of the public may obtain assistance in making complaints. 2006, c. 21, Sched. B, s. 7.

Same

(2) In providing information, the Review Council shall emphasize the elimination of cultural and linguistic barriers and the accommodation of the needs of persons with disabilities. 2006, c. 21, Sched. B, s. 7.

Assistance to public

(3) Where necessary, the Review Council shall arrange for the provision of assistance to members of the public in the preparation of documents for making complaints. 2006, c. 21, Sched. B, s. 7.

Telephone access

(4) The Review Council shall provide province-wide free telephone access, including telephone access for the deaf, to information about itself and its role in the justice system. 2006, c. 21, Sched. B, s. 7.

Persons with disabilities

(5) To enable persons with disabilities to participate effectively in the complaints process, the Review Council shall ensure that their needs are accommodated, at the Council’s expense, unless it would impose undue hardship on the Council to do so, considering the cost, outside sources of funding, if any, and health and safety requirements, if any. 2006, c. 21, Sched. B, s. 7.

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(6) Meetings of the Review Council and of its complaints committees shall be held in private but, subject to subsection 11.1 (4), hearings under section 11.1 shall be open to the public. 2006, c. 21, Sched. B, s. 7.

Annual report

(7) After the end of each year, the Review Council shall make an annual report to the Attorney General on its affairs, in English and French, including, with respect to all complaints received or dealt with during the year, a summary of the complaint, the findings and a statement of the disposition, but the report shall not include information that might identify the justice of the peace, the complainant or a witness. 2006, c. 21, Sched. B, s. 7.

Same, publication(8) The Review Council shall, no earlier than 15 but no later than 30 days after making the report, publish it in English and French on its website.


Rules

10 (1) The Review Council may establish rules of procedure for complaints committees and for hearing panels and the Review Council shall make the rules available to the public. 2006, c. 21, Sched. B, s. 8.

Legislation Act, 2006

(2) Part III (Regulations) of the Legislation Act, 2006 does not apply to rules established by the Review Council. 2006, c. 21, Sched. B, s. 9.

SPPA, s. 28

(3) Section 28 of the Statutory Powers Procedure Act does not apply to the Review Council. 2006, c. 21, Sched. B, s. 8.


Use of official languages of courts

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10.1 (1) The information provided under subsections 9 (1), (3) and (4) and any rules established under subsection 10 (1) shall be made available in English and French. 2006, c. 21, Sched. B, s. 8.

Same

(2) Complaints against justices of the peace may be made in English or French. 2006, c. 21, Sched. B, s. 8.

Same

(3) A hearing under section 11.1 shall be conducted in English, but a complainant or witness who speaks French or a justice of the peace who is the subject of a complaint and who speaks French is entitled, on request,

(a) to be given, before the hearing, French translations of documents that are written in English and are to be considered at the hearing;

(b) to be provided with the assistance of an interpreter at the hearing; and

(c) to be provided with simultaneous interpretation into French of the English portions of the hearing. 2006, c. 21, Sched. B, s. 8.

Bilingual hearing

(4) The Review Council may direct that a hearing to which subsection (3) applies be conducted bilingually, if it is of the opinion that it can be properly conducted in that manner. 2006, c. 21, Sched. B, s. 8.

Part of hearing

(5) A direction under subsection (4) may apply to a part of the hearing and, in that case, subsections (6) and (7) apply with necessary modifications. 2006, c. 21, Sched. B, s. 8.

Same

(6) In a bilingual hearing,

(a) oral evidence and submissions may be given or made in English or French, and shall be recorded in the language in which they are given or made;

(b) documents may be filed in either language; and

(c) the reasons for a decision may be written in either language. 2006, c. 21, Sched. B, s. 8.

Same

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(7) In a bilingual hearing, if the complainant or the justice of the peace who is the subject of the complaint does not speak both languages, he or she is entitled, on request, to have simultaneous interpretation of any evidence, submissions or discussions spoken in the other language and translation of any document filed or reasons written in the other language. 2006, c. 21, Sched. B, s. 8.


Complaint re justice of the peace

10.2 (1) Any person may make a complaint to the Review Council about the conduct of a justice of the peace. 2006, c. 21, Sched. B, s. 8.

Same

(2) A complaint to the Review Council must be made in writing. 2006, c. 21, Sched. B, s. 8.

Same

(3) If a complaint about the conduct of a justice of the peace is made to any other justice of the peace or to a judge or the Attorney General, the other justice of the peace or the judge or the Attorney General, as the case may be, shall provide the person making the complaint with information about the Review Council’s role in the justice system and about how a complaint may be made, and shall refer the person to the Review Council. 2006, c. 21, Sched. B, s. 8.

Information re complaint

(4) At any person’s request, the Review Council may confirm or deny that a particular complaint has been made to it. 2006, c. 21, Sched. B, s. 8.


InvestigationsComplaints committees

11 (1) As soon as possible after receiving a complaint about the conduct of a justice of the peace, the Review Council shall establish a complaints committee and the complaints committee shall investigate the complaint and dispose of the matter as provided in subsection (15). 2006, c. 21, Sched. B, s. 10.

Composition

(2) A complaints committee shall be composed of,

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(a) a judge who shall chair the complaints committee;


(c) a member who is neither a judge nor a justice of the peace. 2006, c. 21, Sched. B, s. 10.

Timely reporting to complainant

(3) The complaints committee shall report in a timely manner to the complainant that it has received the complaint and it shall report in a timely manner to the complainant on its disposition of the matter. 2006, c. 21, Sched. B, s. 10.

Disqualification

(4) The members of a complaints committee who investigate a complaint shall not participate in a hearing in respect of the complaint. 2006, c. 21, Sched. B, s. 10.

Rotation of members

(5) The eligible members of the Review Council shall all serve on complaints committees on a rotating basis. 2006, c. 21, Sched. B, s. 10.

Quorum

(6) All the members of a complaints committee constitute a quorum. 2006, c. 21, Sched. B, s. 10.

Investigation

(7) The complaints committee shall conduct such investigation as it considers appropriate. 2006, c. 21, Sched. B, s. 10.

Investigation private

(8) The investigation shall be conducted in private. 2006, c. 21, Sched. B, s. 10.

Powers of complaints committee

(9) Section 4.2, subsections 12 (1) to (3.1) and sections 13, 14, 15 and 22 of the Statutory Powers Procedure Act apply to the activities of a complaints committee. 2006, c. 21, Sched. B, s. 10.

Rules of procedure

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(10) The rules of procedure established under subsection 10 (1) apply to the activities of a complaints committee. 2006, c. 21, Sched. B, s. 10.

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Interim recommendations

(11) The complaints committee may recommend to a regional senior judge that, until the final disposition of a complaint,

(a) the justice of the peace who is the subject of a complaint not be assigned work; or

(b) the justice of the peace who is the subject of a complaint be reassigned to another location. 2006, c. 21, Sched. B, s. 10.

Same

(12) The recommendation shall be made to the regional senior judge appointed for the region to which the justice of the peace is assigned and the regional senior judge may,

(a) decide to not assign work to the justice of the peace until the final disposition of the complaint but he or she shall continue to be paid; or

(b) with the consent of the justice of the peace, reassign him or her to another location until the final disposition of the complaint. 2006, c. 21, Sched. B, s. 10.

Exception: certain complaints

(13) If the complaint is against a justice of the peace or regional senior justice of the peace who is a member of the Review Council, any recommendation under subsection (11) in connection with the complaint shall be made to the Chief Justice of the Ontario Court of Justice, who may,

(a) decide to not assign work to the justice of the peace or regional senior justice of the peace until the final disposition of the complaint but he or she shall continue to be paid; or

(b) with the consent of the justice of the peace or regional senior justice of the peace, reassign him or her to another location until the final disposition of the complaint. 2006, c. 21, Sched. B, s. 10.

Same

(14) A justice of the peace or regional senior justice of the peace who is a member of the Review Council and who is the subject of a complaint shall not be a member of any complaints committee or hearing panel until the final disposition of the complaint. 2006, c. 21, Sched. B, s. 10.

Complaints committee’s decision

(15) When its investigation is complete, the complaints committee shall,

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(a) dismiss the complaint if it is frivolous, an abuse of process or outside the jurisdiction of the complaints committee;


(c) order that a formal hearing into the complaint be held by a hearing panel; or

(d) refer the complaint to the Chief Justice of the Ontario Court of Justice. 2006, c. 21, Sched. B, s. 10.

Compensation

(16) The complaints committee may recommend that the justice of the peace be compensated for all or part of the cost of legal services incurred in connection with the investigation. 2006, c. 21, Sched. B, s. 10.

Maximum

(17) The amount of compensation recommended under subsection (16) shall be based on a rate for legal services that does not exceed the maximum rate normally paid by the Government of Ontario for similar services. 2006, c. 21, Sched. B, s. 10.

Report

(18) The complaints committee shall report to the Review Council on its decision and, except where it orders a formal hearing, it shall not identify the complainant or the justice of the peace who is the subject of the complaint in the report. 2006, c. 21, Sched. B, s. 10.

Frivolous complaints, etc.

(19) Without restricting the powers of a complaints committee under clause (15) (a), a complaints committee may dismiss a complaint at any time if it is of the opinion that the complaint is frivolous, an abuse of process or outside the jurisdiction of the complaints committee. 2006, c. 21, Sched. B, s. 10.


HearingsHearing panels

11.1 (1) When a hearing is ordered under subsection 11 (15), the chair of the Review Council shall establish a hearing panel from among the members of the Review Council to hold a hearing in accordance with this section. 2006, c. 21, Sched. B, s. 10.

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Composition

(2) A hearing panel shall be composed of,

(a) a judge who shall chair the panel;


(c) a member who is a judge, a lawyer or a member of the public. 2006, c. 21, Sched. B, s. 10.

Quorum

(3) All the members of the panel constitute a quorum. 2006, c. 21, Sched. B, s. 10.

Application of SPPA

(4) The Statutory Powers Procedure Act, except sections 4 and 28, applies to the hearing. 2006, c. 21, Sched. B, s. 10.

Rules of procedure

(5) The rules of procedure established under subsection 10 (1) apply to the hearing. 2006, c. 21, Sched. B, s. 10.

Communication re subject-matter of hearing

(6) The members of the panel participating in the hearing shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any party, counsel, agent or other person, unless all the parties and their counsel or agents receive notice and have an opportunity to participate. 2006, c. 21, Sched. B, s. 10.

Exception

(7) Subsection (6) does not preclude the Review Council from engaging counsel to assist the panel in accordance with subsection 8 (15). 2006, c. 21, Sched. B, s. 10.

Parties

(8) The panel shall determine who are the parties to the hearing. 2006, c. 21, Sched. B, s. 10.

Orders prohibiting publication

(9) If the complaint involves allegations of sexual misconduct or sexual harassment, the panel shall, at the request of a complainant or of a witness who testifies to having been

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the victim of such conduct by the justice of the peace, prohibit the publication of information that might identify the complainant or witness, as the case may be. 2006, c. 21, Sched. B, s. 10.

Dispositions

(10) After completing the hearing, the panel may dismiss the complaint, with or without a finding that it is unfounded or, if it upholds the complaint, it may,

(a) warn the justice of the peace;

(b) reprimand the justice of the peace;

(c) order the justice of the peace to apologize to the complainant or to any other person;

(d) order that the justice of the peace take specified measures, such as receiving education or treatment, as a condition of continuing to sit as a justice of the peace;

(e) suspend the justice of the peace with pay, for any period;

(f) suspend the justice of the peace without pay, but with benefits, for a period up to 30 days; or

(g) recommend to the Attorney General that the justice of the peace be removed from office in accordance with section 11.2. 2006, c. 21, Sched. B, s. 10.

Same

(11) The panel may adopt any combination of the dispositions set out in clauses (10) (a) to (f). 2006, c. 21, Sched. B, s. 10.

Disability

(12) If the panel finds that the justice of the peace is unable, because of a disability, to perform the essential duties of the office, but would be able to perform them if his or her needs were accommodated, it shall order that the justice of the peace’s needs be accommodated to the extent necessary to enable him or her to perform those duties. 2006, c. 21, Sched. B, s. 10.

Application of subs. (12)

(13) Subsection (12) applies if,

(a) the effect of the disability on the justice of the peace’s performance of the essential duties of the office was a factor in the complaint; and

(b) the panel dismisses the complaint or makes a disposition under clauses (10) (a) to (f). 2006, c. 21, Sched. B, s. 10.

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Undue hardship

(14) Subsection (12) does not apply if the panel is satisfied that making an order would impose undue hardship on the person responsible for accommodating the justice of the peace’s needs, considering the cost, outside sources of funding, if any, and health and safety requirements, if any. 2006, c. 21, Sched. B, s. 10.


(15) The panel shall not make an order under subsection (12) against a person without ensuring that the person has had an opportunity to participate and make submissions. 2006, c. 21, Sched. B, s. 10.

Crown bound

(16) An order made under subsection (12) binds the Crown. 2006, c. 21, Sched. B, s. 10.

Compensation

(17) The panel may recommend that the justice of the peace be compensated for all or part of the cost of legal services incurred in connection with the hearing. 2006, c. 21, Sched. B, s. 10.

Maximum

(18) The amount of compensation recommended under subsection (17) shall be based on a rate for legal services that does not exceed the maximum rate normally paid by the Government of Ontario for similar services. 2006, c. 21, Sched. B, s. 10.

Report to Attorney General

(19) The panel may make a report to the Attorney General about the complaint, investigation, hearing and disposition, subject to any order made under subsection 8 (18), and the Attorney General may make the report public if of the opinion that this would be in the public interest. 2006, c. 21, Sched. B, s. 10.

Non-identification of persons

(20) A complainant or witness at whose request an order was made under subsection (9) shall not be identified in the report. 2006, c. 21, Sched. B, s. 10.

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Continuing publication ban

(21) If an order was made under subsection (9) and the panel dismisses the complaint with a finding that it was unfounded, the justice of the peace shall not be identified in the report without his or her consent and the panel shall order that information that relates to the complaint and might identify the justice of the peace shall never be made public without his or her consent. 2006, c. 21, Sched. B, s. 10.

Transitional

(22) A complaint against a justice of the peace that is made to the Review Council before the day this section comes into force, and considered at a meeting of the Review Council before that day, shall be dealt with in accordance with sections 11 and 12 of this Act, as they read immediately before that day. 2006, c. 21, Sched. B, s. 10.


Removal from office

11.2 (1) A justice of the peace may be removed from office only by order of the Lieutenant Governor in Council. 2006, c. 21, Sched. B, s. 10.

Removal for cause

(2) The order may be made only if,

(a) a complaint about the justice of the peace has been made to the Review Council; and

(b) a hearing panel, after a hearing under section 11.1, recommends to the Attorney General that the justice of the peace be removed on the ground that he or she has become incapacitated or disabled from the due execution of his or her office by reason of,

(i) inability, because of a disability, to perform the essential duties of his or her office, if an order to accommodate the justice of the peace’s needs would not remedy the inability, or could not be made because it would impose undue hardship on the person responsible for meeting those needs, or was made but did not remedy the inability,

(ii) conduct that is incompatible with the due execution of his or her office, or

(iii) failure to perform the duties of his or her office. 2006, c. 21, Sched. B, s. 10.

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Order to be tabled

(3) The order shall be laid before the Legislative Assembly if it is in session or, if not, within 15 days after the commencement of the next session. 2006, c. 21, Sched. B, s. 10.


Associate Chief Justice Co-ordinator of Justices of the Peace

12 The Associate Chief Justice Co-ordinator of Justices of the Peace, under the direction of the Chief Justice of the Ontario Court of Justice shall advise and assist the Chief Justice on all matters related to justices of the peace. 2006, c. 21, Sched. B, s. 11.


Standards of conduct

13 (1) The Associate Chief Justice Co-ordinator of Justices of the Peace may establish standards of conduct for justices of the peace, including a plan for bringing the standards into effect, and shall implement the standards and plan when they have been reviewed and approved by the Review Council. 2006, c. 21, Sched. B, s. 12.

Duty of Associate Chief Justice Co-ordinator of Justices of the Peace

(2) The Associate Chief Justice Co-ordinator of Justices of the Peace shall ensure that any standards of conduct are made available to the public, in English and French, when they have been approved by the Review Council. 2006, c. 21, Sched. B, s. 12.

Goals

(3) The following are among the goals that the Associate Chief Justice Co-ordinator of Justices of the Peace may seek to achieve by establishing standards of conduct for justices of the peace:

1. Recognizing the independence of justices of the peace.

2. Maintaining the high quality of the justice system and ensuring the efficient administration of justice.

3. Enhancing equality and a sense of inclusiveness in the justice system.

4. Ensuring that conduct of justices of the peace is consistent with the respect accorded to them.

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5. Emphasizing the need to ensure the on-going development of justices of the peace and the growth of their social awareness through continuing education. 2006, c. 21, Sched. B, s. 12.


Justice’s resignation, etc., inability or failure to give decisionDecision after resignation, etc.

13.1 (1) A justice of the peace may give a decision or participate in the giving of a decision in any matter previously tried or heard before the justice of the peace within 90 days after,

(a) resigning;

(b) being appointed to a court; or

(c) retiring and ceasing to continue in office. 2009, c. 33, Sched. 2, s. 39 (7).

Inability to give decision

(2) If a justice of the peace has commenced hearing a matter and,

(a) dies without giving a decision;

(b) is for any reason unable to make a decision; or

(c) does not give a decision under subsection (1),

a party may make a motion to the Chief Justice of the Ontario Court of Justice for an order that the matter be reheard, and the Chief Justice may order that the matter be reheard by another justice of the peace or by a judge. 2006, c. 21, Sched. B, s. 12.

Failure to give decision

(3) If a justice of the peace has heard a matter and fails to give a decision,

(a) in the case of a judgment, within six months; or

(b) in any other case, within three months,

the Chief Justice of the Ontario Court of Justice may extend the time in which the decision may be given and, if necessary, relieve the justice of the peace of his or her other duties until the decision is given. 2006, c. 21, Sched. B, s. 12.

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Continued failure

(4) If time has been extended under subsection (3) but the justice of the peace fails to give the decision within that time, unless the Chief Justice of the Ontario Court of Justice grants a further extension,

(a) the Chief Justice shall report the failure and the surrounding circumstances to the Review Council as a complaint in accordance with section 10.2; and

(b) a party may make a motion to the Chief Justice for an order that the matter be reheard, and the Chief Justice may order that the matter be reheard by another justice of the peace or by a judge. 2006, c. 21, Sched. B, s. 12.

Rehearing

(5) If the Chief Justice of the Ontario Court of Justice makes an order under subsection (2) or clause (4) (b) for the rehearing of a matter, he or she,

(a) may direct that the rehearing be conducted on the transcript of evidence taken at the original hearing, subject to the discretion of the justice of the peace or judge presiding at the rehearing to recall a witness or require further evidence; and

(b) may give such other directions as are considered just. 2006, c. 21, Sched. B, s. 12.

Delegation

(6) The Chief Justice of the Ontario Court of Justice may delegate the authority to exercise his or her functions under subsections (2) to (5) with respect to justices of the peace in a region to the regional senior judge or the regional senior justice of the peace of the region. 2017, c. 20, Sched. 2, s. 36.


Continuing education

14 (1) The Associate Chief Justice Co-ordinator of Justices of the Peace shall establish a plan for the continuing education of justices of the peace, and shall implement the plan when it has been reviewed and approved by the Review Council. 2002, c. 18, Sched. A, s. 11 (6).

Consultation

(2) In establishing the plan for continuing education, the Associate Chief Justice Co-ordinator of Justices of the Peace shall consult with justices of the peace and with such other persons as he or she considers appropriate. 2002, c. 18, Sched. A, s. 11 (6).

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Plan to be made public

(3) The Associate Chief Justice Co-ordinator of Justices of the Peace shall ensure that the plan for continuing education is made available to the public, in English and French, when it has been approved by the Review Council. 2002, c. 18, Sched. A, s. 11 (6).


Role of regional senior judges

15 (1) The regional senior judge, under the direction of the Chief Justice of the Ontario Court of Justice, shall direct and supervise the sittings of the justices of the peace in his or her region and the assignment of their judicial duties, and the authority of the regional senior judge shall include,

(a) the approval of duty rosters;

(b) the determination of the sittings for justices of the peace and the assignment of justices of the peace to those sittings;

(c) the assignment of cases and other judicial duties to individual justices of the peace;

(d) the determination of sitting schedules and places of sittings for individual justices of the peace; and

(e) the preparation of trial lists and the assignment of court rooms, to the extent necessary to control the determination of who is assigned to hear particular cases. 2006, c. 21, Sched. B, s. 13.

Dedicated justices

(2) In exercising his or her functions under subsection (1), the regional senior judge may temporarily assign a per diem justice of the peace to do exclusively one of the following:

1. Hear matters under the Provincial Offences Act.

2. Hear matters under one or more other Ontario Acts specified by the regional senior judge.

3. Hear matters under an Act of the Parliament of Canada.

4. Carry out other judicial duties specified by the regional senior judge. 2006, c. 21, Sched. B, s. 13.

Delegation

(3) A regional senior judge of the Ontario Court of Justice may delegate the authority to exercise specified functions under subsections (1) and (2) to the regional senior justice

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of the peace and to one or more other justices of the peace from the same region. 2006, c. 21, Sched. B, s. 13.

Transfer to a judge

(4) In the case of a trial that would otherwise be held before a justice of the peace, any party may submit a request to the regional senior judge of the Ontario Court of Justice for the region to have the trial held before a judge, and the regional senior judge shall determine whether the matter shall be heard by a judge. 2006, c. 21, Sched. B, s. 13.

Delegation

(5) A regional senior judge of the Ontario Court of Justice may delegate the authority to exercise his or her functions under subsection (4) to a judge of the Ontario Court of Justice. 2006, c. 21, Sched. B, s. 13.

Final decision

(6) A decision made by a regional senior judge or his or her delegate under subsection (4) is final. 2006, c. 21, Sched. B, s. 13.

Crown rights under other Acts

(7) Nothing in this section affects the rights of the Crown, the Attorney General or a counsel or agent of either of them, under any other Act, to require that a provincial judge preside over a proceeding in respect of an offence under that Act. 2006, c. 21, Sched. B, s. 13.

Duties outside court house

(8) A justice of the peace shall not act as a justice of the peace outside a courthouse except under the direction of the regional senior judge. 2006, c. 21, Sched. B, s. 13.

Duty rosters public

(9) The duty rosters shall be made available to the public. 2006, c. 21, Sched. B, s. 13.


Regional senior justices of the peace

16 (1) The Lieutenant Governor in Council, on the recommendation of the Attorney General, may appoint a regional senior justice of the peace for each region. 2006, c. 21, Sched. B, s. 14.

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Consultation

(2) Before recommending an appointment under subsection (1), the Attorney General shall consult with the Chief Justice of the Ontario Court of Justice. 2006, c. 21, Sched. B, s. 14.

Functions

(3) A regional senior justice of the peace shall advise and assist the Associate Chief Justice Co-ordinator of Justices of the Peace and the regional senior judge in all matters pertaining to justices of the peace. 2006, c. 21, Sched. B, s. 14.

Terms of office

(4) Regional senior justices of the peace each hold office for three years. 2006, c. 21, Sched. B, s. 14.

Further appointment

(5) A regional senior justice of the peace may be reappointed once, for a further term of three years, on the recommendation of the Chief Justice of the Ontario Court of Justice and, if the Chief Justice so recommends, the Lieutenant Governor in Council shall reappoint the regional senior justice of the peace. 2006, c. 21, Sched. B, s. 14.

Salary at end of term

(6) A regional senior justice of the peace whose term expires continues to be a justice of the peace and is entitled to receive the greater of the current annual salary of a justice of the peace and the annual salary he or she received immediately before the expiry. 2006, c. 21, Sched. B, s. 14.

(7) REPEALED: 2017, c. 2, Sched. 2, s. 24.


Jurisdiction of justices

17 (1) Justices of the peace have jurisdiction throughout Ontario. R.S.O. 1990, c. J.4, s. 17 (1).

(2) REPEALED: 2006, c. 21, Sched. B, s. 15.

Justices to assist public

(3) Justices of the peace shall assist members of the public, at their request, in formulating informations in respect of offences. R.S.O. 1990, c. J.4, s. 17 (3).

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Salary of part-time justices

18 The salary to which a part-time justice of the peace is entitled shall be based on the justice’s workload, as determined by the Associate Chief Justice Co-ordinator of Justices of the Peace, and shall be calculated in accordance with the regulations. 1994, c. 12, s. 55; 2002, c. 18, Sched. A, s. 11 (12); 2006, c. 21, Sched. B, s. 16.


Other work

19 A justice of the peace shall not engage in any other remunerative work without the approval of the Review Council. 2006, c. 21, Sched. B, s. 17.


Immunity from liability

20 A justice of the peace has the same immunity from liability as a judge of the Superior Court of Justice. R.S.O. 1990, c. J.4, s. 20; 2002, c. 18, Sched. A, s. 11 (13).


Regulations

21 (1) The Lieutenant Governor in Council may make regulations,

(a) providing for the remuneration of per diem justices of the peace;

(b) REPEALED: 2006, c. 21, Sched. B, s. 18 (1).

(c) prescribing the salaries of full-time justices of the peace and prescribing the manner in which the salaries of part-time justices of the peace shall be calculated, including the factors to be taken into account and the method of calculation to be used;

(d) providing for the benefits to which full-time and part-time justices of the peace are entitled;

(e) providing for the payment of additional compensation to full-time and part-time justices of the peace for special assignments.

(f) REPEALED: 2006, c. 21, Sched. B, s. 18 (1).R.S.O. 1990, c. J.4, s. 21 (1); 2006, c. 21, Sched. B, s. 18 (1).

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Classes

(2) A regulation made under clause (1) (c) or (d) may prescribe classes of full-time and part-time justices of the peace for the purpose of salaries and benefits. R.S.O. 1990, c. J.4, s. 21 (2).

(3) REPEALED: 2006, c. 21, Sched. B, s. 18 (2).

Contributions

(4) A regulation made under clause (1) (d) may require justices of the peace to contribute from their salaries part of the cost of a benefit and may fix the amount of the contributions. R.S.O. 1990, c. J.4, s. 21 (4).

Benefits

(5) A regulation made under clause (1) (d) may provide that justices of the peace whose salaries are less than prescribed amounts are not entitled to prescribed benefits. R.S.O. 1990, c. J.4, s. 21 (5).

Territorial limitations

(6) A regulation made under clause (1) (e) may be limited territorially. R.S.O. 1990, c. J.4, s. 21 (6).


Remuneration of justices of the peace

21.1 (1) Justices of the peace are entitled to receive the remuneration determined by the Lieutenant Governor in Council. 1999, c. 12, Sched. B, s. 12 (2).

Commission

(2) The Lieutenant Governor in Council shall establish a commission to be known in English as the Justices of the Peace Remuneration Commission and in French as Commission de rémunération des juges de paix to make recommendations with respect to the remuneration of justices of the peace. 1999, c. 12, Sched. B, s. 12 (2).

Regulations

(3) The Lieutenant Governor in Council may make regulations,

(a) respecting the Justices of the Peace Remuneration Commission;

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(b) defining “remuneration” for the purposes of this section;

(c) specifying the criteria to be used by the Justices of the Peace Remuneration Commission in developing recommendations;

(d) respecting the Lieutenant Governor in Council’s consideration of and response to recommendations of the Justices of the Peace Remuneration Commission. 1999, c. 12, Sched. B, s. 12 (2).


22 REPEALED: 2006, c. 21, Sched. B, s. 19.


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APPENDIX B - Statutory Powers Procedure Act

R.S.O. 1990, CHAPTER S.22

CONTENTS1. Interpretation2. Liberal construction of Act and rules3. Application of Act4. Waiver4.1 Disposition without hearing4.2 Panels, certain matters4.2.1 Panel of one, reduced panel4.3 Expiry of term4.4 Incapacity of member4.5 Decision not to process commencement of proceeding4.6 Dismissal of proceeding without hearing4.7 Classifying proceedings4.8 Alternative dispute resolution4.9 Mediators, etc.: not compellable, notes not evidence5. Parties5.1 Written hearings5.2 Electronic hearings5.2.1 Different kinds of hearings in one proceeding5.3 Pre-hearing conferences5.4 Disclosure6. Notice of hearing7. Effect of non-attendance at hearing after due notice8. Where character, etc., of a party is in issue9. Hearings to be public; maintenance of order9.1 Proceedings involving similar questions10. Right to representation10.1 Examination of witnesses11. Rights of witnesses to representation12. Summonses13. Contempt proceedings14. Protection for witnesses15. Evidence15.1 Use of previously admitted evidence15.2 Witness panels16. Notice of facts and opinions16.1 Interim decisions and orders16.2 Time frames17. Decision; interest17.1 Costs

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18. Notice of decision19. Enforcement of orders20. Record of proceeding21. Adjournments21.1 Correction of errors21.2 Power to review22. Administration of oaths23. Powers re control of proceedings24. Notice, etc.25. Appeal operates as stay, exception25.0.1 Control of process25.1 Rules26. Regulations27. Rules, etc., available to public28. Substantial compliance32. Conflict

Interpretation

1. (1) In this Act,

“electronic hearing” means a hearing held by conference telephone or some other form of electronic technology allowing persons to hear one another; (“audience électronique”)

“hearing” means a hearing in any proceeding; (“audience”)

“licence” includes any permit, certificate, approval, registration or similar form of permission required by law; (“autorisation”)

“municipality” has the same meaning as in the Municipal Affairs Act; (“municipalité”)

“oral hearing” means a hearing at which the parties or their representatives attend before the tribunal in person; (“audience orale”)

“proceeding” means a proceeding to which this Act applies; (“instance”)

“representative” means, in respect of a proceeding to which this Act applies, a person authorized under the Law Society Act to represent a person in that proceeding; (“représentant”)

“statutory power of decision” means a power or right, conferred by or under a statute, to make a decision deciding or prescribing,

(a) the legal rights, powers, privileges, immunities, duties or liabilities of any person or party, or

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(b) the eligibility of any person or party to receive, or to the continuation of, a benefit or licence, whether the person is legally entitled thereto or not; (“compétence légale de décision”)

“tribunal” means one or more persons, whether or not incorporated and however described, upon which a statutory power of decision is conferred by or under a statute; (“tribunal”)

“written hearing” means a hearing held by means of the exchange of documents, whether in written form or by electronic means. (“audience écrite”) R.S.O. 1990, c. S.22, s. 1 (1); 1994, c. 27, s. 56 (1-3); 2002, c. 17, Sched. F, Table; 2006, c. 21, Sched. C, s. 134 (1, 2).

Meaning of “person” extended(2) A municipality, an unincorporated association of employers, a trade union or

council of trade unions who may be a party to a proceeding in the exercise of a statutory power of decision under the statute conferring the power shall be deemed to be a person for the purpose of any provision of this Act or of any rule made under this Act that applies to parties. R.S.O. 1990, c. S.22, s. 1 (2).

Section Amendments with date in force (d/m/y)1994, c. 27, s. 56 (1-3) - 1/04/1995 2002, c. 17, Sched. F, Table - 1/01/2003 2006, c. 21, Sched. C, s. 134 (1, 2) - 1/05/2007

Liberal construction of Act and rules2. This Act, and any rule made by a tribunal under subsection 17.1 (4) or section

25.1, shall be liberally construed to secure the just, most expeditious and cost-effective determination of every proceeding on its merits. 1999, c. 12, Sched. B, s. 16 (1); 2006, c. 19, Sched. B, s. 21 (1).

Section Amendments with date in force (d/m/y)1999, c. 12, Sched. B, s. 16 (1) - 14/02/20002006, c. 19, Sched. B, s. 21 (1) - 22/06/2006

Application of Act3. (1) Subject to subsection (2), this Act applies to a proceeding by a tribunal in the

exercise of a statutory power of decision conferred by or under an Act of the Legislature, where the tribunal is required by or under such Act or otherwise by law to hold or to afford to the parties to the proceeding an opportunity for a hearing before making a decision. R.S.O. 1990, c. S.22, s. 3 (1); 1994, c. 27, s. 56 (5).

Where Act does not apply(2) This Act does not apply to a proceeding,(a) before the Assembly or any committee of the Assembly;(b) in or before,

(i) the Court of Appeal,

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(ii) the Superior Court of Justice,(iii) the Ontario Court of Justice,(iv) the Family Court of the Superior Court of Justice,(v) the Small Claims Court, or(vi) a justice of the peace;

(c) to which the Rules of Civil Procedure apply;(d) before an arbitrator to which the Arbitrations Act or the Labour Relations Act

applies;(e) at a coroner’s inquest;(f) of a commission appointed under the Public Inquiries Act, 2009;

(g) of one or more persons required to make an investigation and to make a report, with or without recommendations, where the report is for the information or advice of the person to whom it is made and does not in any way legally bind or limit that person in any decision he or she may have power to make; or

(h) of a tribunal empowered to make regulations, rules or by-laws in so far as its power to make regulations, rules or by-laws is concerned. R.S.O. 1990, c. S.22, s. 3 (2); 1994, c. 27, s. 56 (6); 2006, c. 19, Sched. C, s. 1 (1, 2, 4); 2009, c. 33, Sched. 6, s. 87.

Section Amendments with date in force (d/m/y)1994, c. 27, s. 56 (5, 6) - 1/04/19952006, c. 19, Sched. C, s. 1 (1, 2, 4) - 22/06/20062009, c. 33, Sched. 6, s. 87 - 1/06/2011

Waiver

Waiver of procedural requirement4. (1) Any procedural requirement of this Act, or of another Act or a regulation that

applies to a proceeding, may be waived with the consent of the parties and the tribunal. 1997, c. 23, s. 13 (1).

Same, rules(2) Any provision of a tribunal’s rules made under section 25.1 may be waived in

accordance with the rules. 1994, c. 27, s. 56 (7).

Section Amendments with date in force (d/m/y)1994, c. 27, s. 56 (7) - 1/04/1995; 1997, c. 23, s. 13 (1) - 28/11/1997

Disposition without hearing4.1 If the parties consent, a proceeding may be disposed of by a decision of the

tribunal given without a hearing, unless another Act or a regulation that applies to the proceeding provides otherwise. 1997, c. 23, s. 13 (2).

Section Amendments with date in force (d/m/y)1997, c. 23, s. 13 (2) - 28/11/1997

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Panels, certain matters4.2 (1) A procedural or interlocutory matter in a proceeding may be heard and

determined by a panel consisting of one or more members of the tribunal, as assigned by the chair of the tribunal. 1994, c. 27, s. 56 (8).

Assignments(2) In assigning members of the tribunal to a panel, the chair shall take into

consideration any requirement imposed by another Act or a regulation that applies to the proceeding that the tribunal be representative of specific interests. 1997, c. 23, s. 13 (3).

Decision of panel(3) The decision of a majority of the members of a panel, or their unanimous decision

in the case of a two-member panel, is the tribunal’s decision. 1994, c. 27, s. 56 (8).


Panel of one, reduced panelPanel of one

4.2.1 (1) The chair of a tribunal may decide that a proceeding be heard by a panel of one person and assign the person to hear the proceeding unless there is a statutory requirement in another Act that the proceeding be heard by a panel of more than one person.

Reduction in number of panel members(2) Where there is a statutory requirement in another Act that a proceeding be heard

by a panel of a specified number of persons, the chair of the tribunal may assign to the panel one person or any lesser number of persons than the number specified in the other Act if all parties to the proceeding consent. 1999, c. 12, Sched. B, s. 16 (2).

Section Amendments with date in force (d/m/y)1999, c. 12, Sched. B, s. 16 (2) - 14/02/2000

Expiry of term4.3 If the term of office of a member of a tribunal who has participated in a hearing

expires before a decision is given, the term shall be deemed to continue, but only for the purpose of participating in the decision and for no other purpose. 1997, c. 23, s. 13 (4).


Incapacity of member4.4 (1) If a member of a tribunal who has participated in a hearing becomes unable,

for any reason, to complete the hearing or to participate in the decision, the remaining

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member or members may complete the hearing and give a decision. 1994, c. 27, s. 56 (9).

Other Acts and regulations(2) Subsection (1) does not apply if another Act or a regulation specifically deals with

the issue of what takes place in the circumstances described in subsection (1). 1997, c. 23, s. 13 (5).


Decision not to process commencement of proceeding4.5 (1) Subject to subsection (3), upon receiving documents relating to the

commencement of a proceeding, a tribunal or its administrative staff may decide not to process the documents relating to the commencement of the proceeding if,(a) the documents are incomplete;(b) the documents are received after the time required for commencing the proceeding

has elapsed;(c) the fee required for commencing the proceeding is not paid; or(d) there is some other technical defect in the commencement of the proceeding.

Notice(2) A tribunal or its administrative staff shall give the party who commences a

proceeding notice of its decision under subsection (1) and shall set out in the notice the reasons for the decision and the requirements for resuming the processing of the documents.

Rules under s. 25.1(3) A tribunal or its administrative staff shall not make a decision under subsection (1)

unless the tribunal has made rules under section 25.1 respecting the making of such decisions and those rules shall set out,(a) any of the grounds referred to in subsection (1) upon which the tribunal or its

administrative staff may decide not to process the documents relating to the commencement of a proceeding; and

(b) the requirements for the processing of the documents to be resumed.

Continuance of provisions in other statutes(4) Despite section 32, nothing in this section shall prevent a tribunal or its

administrative staff from deciding not to process documents relating to the commencement of a proceeding on grounds that differ from those referred to in subsection (1) or without complying with subsection (2) or (3) if the tribunal or its staff does so in accordance with the provisions of an Act that are in force on the day this section comes into force. 1999, c. 12, Sched. B, s. 16 (3).


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Dismissal of proceeding without hearing4.6 (1) Subject to subsections (5) and (6), a tribunal may dismiss a proceeding

without a hearing if,(a) the proceeding is frivolous, vexatious or is commenced in bad faith;(b) the proceeding relates to matters that are outside the jurisdiction of the tribunal; or(c) some aspect of the statutory requirements for bringing the proceeding has not

been met.

Notice(2) Before dismissing a proceeding under this section, a tribunal shall give notice of

its intention to dismiss the proceeding to,(a) all parties to the proceeding if the proceeding is being dismissed for reasons

referred to in clause (1) (b); or(b) the party who commences the proceeding if the proceeding is being dismissed for

any other reason.

Same(3) The notice of intention to dismiss a proceeding shall set out the reasons for the

dismissal and inform the parties of their right to make written submissions to the tribunal with respect to the dismissal within the time specified in the notice.

Right to make submissions(4) A party who receives a notice under subsection (2) may make written submissions

to the tribunal with respect to the dismissal within the time specified in the notice.

Dismissal(5) A tribunal shall not dismiss a proceeding under this section until it has given notice

under subsection (2) and considered any submissions made under subsection (4).

Rules(6) A tribunal shall not dismiss a proceeding under this section unless it has made

rules under section 25.1 respecting the early dismissal of proceedings and those rules shall include,(a) any of the grounds referred to in subsection (1) upon which a proceeding may be

dismissed;(b) the right of the parties who are entitled to receive notice under subsection (2) to

make submissions with respect to the dismissal; and(c) the time within which the submissions must be made.

Continuance of provisions in other statutes(7) Despite section 32, nothing in this section shall prevent a tribunal from dismissing

a proceeding on grounds other than those referred to in subsection (1) or without complying with subsections (2) to (6) if the tribunal dismisses the proceeding in accordance with the provisions of an Act that are in force on the day this section comes into force. 1999, c. 12, Sched. B, s. 16 (3).

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Classifying proceedings4.7 A tribunal may make rules under section 25.1 classifying the types of proceedings

that come before it and setting guidelines as to the procedural steps or processes (such as preliminary motions, pre-hearing conferences, alternative dispute resolution mechanisms, expedited hearings) that apply to each type of proceeding and the circumstances in which other procedures may apply. 1999, c. 12, Sched. B, s. 16 (3).


Alternative dispute resolution4.8 (1) A tribunal may direct the parties to a proceeding to participate in an alternative

dispute resolution mechanism for the purposes of resolving the proceeding or an issue arising in the proceeding if,(a) it has made rules under section 25.1 respecting the use of alternative dispute

resolution mechanisms; and(b) all parties consent to participating in the alternative dispute resolution mechanism.

Definition(2) In this section,

“alternative dispute resolution mechanism” includes mediation, conciliation, negotiation or any other means of facilitating the resolution of issues in dispute.

Rules(3) A rule under section 25.1 respecting the use of alternative dispute resolution

mechanisms shall include procedural guidelines to deal with the following:

1. The circumstances in which a settlement achieved by means of an alternative dispute resolution mechanism must be reviewed and approved by the tribunal.

2. Any requirement, statutory or otherwise, that there be an order by the tribunal.

Mandatory alternative dispute resolution(4) A rule under subsection (3) may provide that participation in an alternative dispute

resolution mechanism is mandatory or that it is mandatory in certain specified circumstances.

Person appointed to mediate, etc.(5) A rule under subsection (3) may provide that a person appointed to mediate,

conciliate, negotiate or help resolve a matter by means of an alternative dispute resolution mechanism be a member of the tribunal or a person independent of the tribunal. However, a member of the tribunal who is so appointed with respect to a

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matter in a proceeding shall not subsequently hear the matter if it comes before the tribunal unless the parties consent.

Continuance of provisions in other statutes(6) Despite section 32, nothing in this section shall prevent a tribunal from directing

parties to a proceeding to participate in an alternative dispute resolution mechanism even though the requirements of subsections (1) to (5) have not been met if the tribunal does so in accordance with the provisions of an Act that are in force on the day this section comes into force. 1999, c. 12, Sched. B, s. 16 (3).


Mediators, etc.: not compellable, notes not evidenceMediators, etc., not compellable

4.9 (1) No person employed as a mediator, conciliator or negotiator or otherwise appointed to facilitate the resolution of a matter before a tribunal by means of an alternative dispute resolution mechanism shall be compelled to give testimony or produce documents in a proceeding before the tribunal or in a civil proceeding with respect to matters that come to his or her knowledge in the course of exercising his or her duties under this or any other Act.

Evidence in civil proceedings(2) No notes or records kept by a mediator, conciliator or negotiator or by any other

person appointed to facilitate the resolution of a matter before a tribunal by means of an alternative dispute resolution mechanism under this or any other Act are admissible in a civil proceeding. 1999, c. 12, Sched. B, s. 16 (3).


Parties5. The parties to a proceeding shall be the persons specified as parties by or under

the statute under which the proceeding arises or, if not so specified, persons entitled by law to be parties to the proceeding. R.S.O. 1990, c. S.22, s. 5.

Written hearings5.1 (1) A tribunal whose rules made under section 25.1 deal with written hearings

may hold a written hearing in a proceeding. 1997, c. 23, s. 13 (6).

Exception(2) The tribunal shall not hold a written hearing if a party satisfies the tribunal that

there is good reason for not doing so.Same

(2.1) Subsection (2) does not apply if the only purpose of the hearing is to deal with procedural matters. 1999, c. 12, Sched. B, s. 16 (4).

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Documents(3) In a written hearing, all the parties are entitled to receive every document that the

tribunal receives in the proceeding. 1994, c. 27, s. 56 (10).

Section Amendments with date in force (d/m/y)1994, c. 27, s. 56 (10) - 1/04/1995; 1997, c. 23, s. 13 (6) - 28/11/1997; 1999, c. 12, Sched. B, s. 16 (4) - 14/02/2000

Electronic hearings5.2 (1) A tribunal whose rules made under section 25.1 deal with electronic hearings

may hold an electronic hearing in a proceeding. 1997, c. 23, s. 13 (7).

Exception(2) The tribunal shall not hold an electronic hearing if a party satisfies the tribunal that

holding an electronic rather than an oral hearing is likely to cause the party significant prejudice.

Same(3) Subsection (2) does not apply if the only purpose of the hearing is to deal with

procedural matters.

Participants to be able to hear one another(4) In an electronic hearing, all the parties and the members of the tribunal

participating in the hearing must be able to hear one another and any witnesses throughout the hearing. 1994, c. 27, s. 56 (10).


Different kinds of hearings in one proceeding5.2.1 A tribunal may, in a proceeding, hold any combination of written, electronic and

oral hearings. 1997, c. 23, s. 13 (8).


Pre-hearing conferences5.3 (1) If the tribunal’s rules made under section 25.1 deal with pre-hearing

conferences, the tribunal may direct the parties to participate in a pre-hearing conference to consider,(a) the settlement of any or all of the issues;(b) the simplification of the issues;(c) facts or evidence that may be agreed upon;(d) the dates by which any steps in the proceeding are to be taken or begun;(e) the estimated duration of the hearing; and

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(f) any other matter that may assist in the just and most expeditious disposition of the proceeding. 1994, c. 27, s. 56 (11); 1997, c. 23, s. 13 (9).

Other Acts and regulations(1.1) The tribunal’s power to direct the parties to participate in a pre-hearing

conference is subject to any other Act or regulation that applies to the proceeding. 1997, c. 23, s. 13 (10).

Who presides(2) The chair of the tribunal may designate a member of the tribunal or any other

person to preside at the pre-hearing conference.

Orders(3) A member who presides at a pre-hearing conference may make such orders as he

or she considers necessary or advisable with respect to the conduct of the proceeding, including adding parties.

Disqualification(4) A member who presides at a pre-hearing conference at which the parties attempt

to settle issues shall not preside at the hearing of the proceeding unless the parties consent. 1994, c. 27, s. 56 (11).

Application of s. 5.2(5) Section 5.2 applies to a pre-hearing conference, with necessary modifications.

1997, c. 23, s. 13 (10).

Section Amendments with date in force (d/m/y)1994, c. 27, s. 56 (11) - 1/04/1995; 1997, c. 23, s. 13 (9, 10) - 28/11/1997

Disclosure5.4 (1) If the tribunal’s rules made under section 25.1 deal with disclosure, the

tribunal may, at any stage of the proceeding before all hearings are complete, make orders for,(a) the exchange of documents;(b) the oral or written examination of a party;(c) the exchange of witness statements and reports of expert witnesses;(d) the provision of particulars;(e) any other form of disclosure. 1994, c. 27, s. 56 (12); 1997, c. 23, s. 13 (11).

Other Acts and regulations(1.1) The tribunal’s power to make orders for disclosure is subject to any other Act or

regulation that applies to the proceeding. 1997, c. 23, s. 13 (12).

Exception, privileged information(2) Subsection (1) does not authorize the making of an order requiring disclosure of

privileged information. 1994, c. 27, s. 56 (12).

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Notice of hearing6. (1) The parties to a proceeding shall be given reasonable notice of the hearing by

the tribunal. R.S.O. 1990, c. S.22, s. 6 (1).

Statutory authority(2) A notice of a hearing shall include a reference to the statutory authority under

which the hearing will be held.

Oral hearing(3) A notice of an oral hearing shall include,(a) a statement of the time, place and purpose of the hearing; and(b) a statement that if the party notified does not attend at the hearing, the tribunal

may proceed in the party’s absence and the party will not be entitled to any further notice in the proceeding. 1994, c. 27, s. 56 (13).

Written hearing(4) A notice of a written hearing shall include,(a) a statement of the date and purpose of the hearing, and details about the manner

in which the hearing will be held;(b) a statement that the hearing shall not be held as a written hearing if the party

satisfies the tribunal that there is good reason for not holding a written hearing (in which case the tribunal is required to hold it as an electronic or oral hearing) and an indication of the procedure to be followed for that purpose;

(c) a statement that if the party notified neither acts under clause (b) nor participates in the hearing in accordance with the notice, the tribunal may proceed without the party’s participation and the party will not be entitled to any further notice in the proceeding. 1994, c. 27, s. 56 (13); 1997, c. 23, s. 13 (13); 1999, c. 12, Sched. B, s. 16 (5).

Electronic hearing(5) A notice of an electronic hearing shall include,(a) a statement of the time and purpose of the hearing, and details about the manner

in which the hearing will be held;(b) a statement that the only purpose of the hearing is to deal with procedural matters,

if that is the case;(c) if clause (b) does not apply, a statement that the party notified may, by satisfying

the tribunal that holding the hearing as an electronic hearing is likely to cause the party significant prejudice, require the tribunal to hold the hearing as an oral hearing, and an indication of the procedure to be followed for that purpose; and

(d) a statement that if the party notified neither acts under clause (c), if applicable, nor participates in the hearing in accordance with the notice, the tribunal may proceed

116

without the party’s participation and the party will not be entitled to any further notice in the proceeding. 1994, c. 27, s. 56 (13).

Section Amendments with date in force (d/m/y)1994, c. 27, s. 56 (13) - 1/04/1995; 1997, c. 23, s. 13 (13) - 28/11/1997; 1999, c. 12, Sched. B, s. 16 (5) - 14/02/2000

Effect of non-attendance at hearing after due notice7. (1) Where notice of an oral hearing has been given to a party to a proceeding in

accordance with this Act and the party does not attend at the hearing, the tribunal may proceed in the absence of the party and the party is not entitled to any further notice in the proceeding. R.S.O. 1990, c. S.22, s. 7; 1994, c. 27, s. 56 (14).

Same, written hearings(2) Where notice of a written hearing has been given to a party to a proceeding in

accordance with this Act and the party neither acts under clause 6 (4) (b) nor participates in the hearing in accordance with the notice, the tribunal may proceed without the party’s participation and the party is not entitled to any further notice in the proceeding.

Same, electronic hearings(3) Where notice of an electronic hearing has been given to a party to a proceeding in

accordance with this Act and the party neither acts under clause 6 (5) (c), if applicable, nor participates in the hearing in accordance with the notice, the tribunal may proceed without the party’s participation and the party is not entitled to any further notice in the proceeding. 1994, c. 27, s. 56 (15).

Section Amendments with date in force (d/m/y)1994, c. 27, s. 56 (14, 15) - 1/04/1995

Where character, etc., of a party is in issue8. Where the good character, propriety of conduct or competence of a party is an

issue in a proceeding, the party is entitled to be furnished prior to the hearing with reasonable information of any allegations with respect thereto. R.S.O. 1990, c. S.22, s. 8.

Hearings to be public; maintenance of orderHearings to be public, exceptions

9. (1) An oral hearing shall be open to the public except where the tribunal is of the opinion that,(a) matters involving public security may be disclosed; or(b) intimate financial or personal matters or other matters may be disclosed at the

hearing of such a nature, having regard to the circumstances, that the desirability of avoiding disclosure thereof in the interests of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public,

117

in which case the tribunal may hold the hearing in the absence of the public. R.S.O. 1990, c. S.22, s. 9 (1); 1994, c. 27, s. 56 (16).

Written hearings(1.1) In a written hearing, members of the public are entitled to reasonable access to

the documents submitted, unless the tribunal is of the opinion that clause (1) (a) or (b) applies. 1994, c. 27, s. 56 (17).

Electronic hearings(1.2) An electronic hearing shall be open to the public unless the tribunal is of the

opinion that,(a) it is not practical to hold the hearing in a manner that is open to the public; or(b) clause (1) (a) or (b) applies. 1997, c. 23, s. 13 (14).

Maintenance of order at hearings(2) A tribunal may make such orders or give such directions at an oral or electronic

hearing as it considers necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any such order or direction, the tribunal or a member thereof may call for the assistance of any peace officer to enforce the order or direction, and every peace officer so called upon shall take such action as is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose. R.S.O. 1990, c. S.22, s. 9 (2); 1994, c. 27, s. 56 (18).

Section Amendments with date in force (d/m/y)1994, c. 27, s. 56 (16-18) - 1/04/1995; 1997, c. 23, s. 13 (14) - 28/11/1997

Proceedings involving similar questions9.1 (1) If two or more proceedings before a tribunal involve the same or similar

questions of fact, law or policy, the tribunal may,(a) combine the proceedings or any part of them, with the consent of the parties;(b) hear the proceedings at the same time, with the consent of the parties;(c) hear the proceedings one immediately after the other; or(d) stay one or more of the proceedings until after the determination of another one of

them.

Exception(2) Subsection (1) does not apply to proceedings to which the Consolidated Hearings

Act applies. 1994, c. 27, s. 56 (19).

Same(3) Clauses (1) (a) and (b) do not apply to a proceeding if,(a) any other Act or regulation that applies to the proceeding requires that it be heard

in private;(b) the tribunal is of the opinion that clause 9 (1) (a) or (b) applies to the proceeding.

1994, c. 27, s. 56 (19); 1997, c. 23, s. 13 (15).

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Conflict, consent requirements(4) The consent requirements of clauses (1) (a) and (b) do not apply if another Act or

a regulation that applies to the proceedings allows the tribunal to combine them or hear them at the same time without the consent of the parties. 1997, c. 23, s. 13 (16).

Use of same evidence(5) If the parties to the second-named proceeding consent, the tribunal may treat

evidence that is admitted in a proceeding as if it were also admitted in another proceeding that is heard at the same time under clause (1) (b). 1994, c. 27, s. 56 (19).


Right to representation10. A party to a proceeding may be represented by a representative. 2006, c. 21,

Sched. C, s. 134 (3).

Section Amendments with date in force (d/m/y)1994, c. 27, s. 56 (20) - 1/04/19952006, c. 21, Sched. C, s. 134 (3) - 1/05/2007

Examination of witnesses 10.1 A party to a proceeding may, at an oral or electronic hearing,(a) call and examine witnesses and present evidence and submissions; and(b) conduct cross-examinations of witnesses at the hearing reasonably required for a

full and fair disclosure of all matters relevant to the issues in the proceeding. 1994, c. 27, s. 56 (20).


Rights of witnesses to representation11. (1) A witness at an oral or electronic hearing is entitled to be advised by a

representative as to his or her rights, but such representative may take no other part in the hearing without leave of the tribunal. 2006, c. 21, Sched. C, s. 134 (4).

Idem(2) Where an oral hearing is closed to the public, the witness’s representative is not

entitled to be present except when that witness is giving evidence. R.S.O. 1990, c. S.22, s. 11 (2); 1994, c. 27, s. 56 (22); 2006, c. 21, Sched. C, s. 134 (5).

Section Amendments with date in force (d/m/y)1994, c. 27, s. 56 (21, 22) - 1/04/19952006, c. 21, Sched. C, s. 134 (4, 5) - 1/05/2007

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Summonses12. (1) A tribunal may require any person, including a party, by summons,(a) to give evidence on oath or affirmation at an oral or electronic hearing; and(b) to produce in evidence at an oral or electronic hearing documents and things

specified by the tribunal,

relevant to the subject-matter of the proceeding and admissible at a hearing. R.S.O. 1990, c. S.22, s. 12 (1); 1994, c. 27, s. 56 (23).

Form and service of summons(2) A summons issued under subsection (1) shall be in the prescribed form (in

English or French) and,

(a) where the tribunal consists of one person, shall be signed by him or her;(b) where the tribunal consists of more than one person, shall be signed by the chair

of the tribunal or in such other manner as documents on behalf of the tribunal may be signed under the statute constituting the tribunal. 1994, c. 27, s. 56 (24).

Same(3) The summons shall be served personally on the person summoned. 1994, c. 27,

s. 56 (24).

Fees and allowances(3.1) The person summoned is entitled to receive the same fees or allowances for

attending at or otherwise participating in the hearing as are paid to a person summoned to attend before the Superior Court of Justice. 1994, c. 27, s. 56 (24); 2006, c. 19, Sched. C, s. 1 (1).

Bench warrant(4) A judge of the Superior Court of Justice may issue a warrant against a person if

the judge is satisfied that,

(a) a summons was served on the person under this section;(b) the person has failed to attend or to remain in attendance at the hearing (in the

case of an oral hearing) or has failed otherwise to participate in the hearing (in the case of an electronic hearing) in accordance with the summons; and

(c) the person’s attendance or participation is material to the ends of justice. 1994, c. 27, s. 56 (25); 2006, c. 19, Sched. C, s. 1 (1).

Same(4.1) The warrant shall be in the prescribed form (in English or French), directed to

any police officer, and shall require the person to be apprehended anywhere within Ontario, brought before the tribunal forthwith and,(a) detained in custody as the judge may order until the person’s presence as a

witness is no longer required; or

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(b) in the judge’s discretion, released on a recognizance, with or without sureties, conditioned for attendance or participation to give evidence. 1994, c. 27, s. 56 (25).

Proof of service(5) Service of a summons may be proved by affidavit in an application to have a

warrant issued under subsection (4). 1994, c. 27, s. 56 (26).

Certificate of facts(6) Where an application to have a warrant issued is made on behalf of a tribunal, the

person constituting the tribunal or, if the tribunal consists of more than one person, the chair of the tribunal may certify to the judge the facts relied on to establish that the attendance or other participation of the person summoned is material to the ends of justice, and the judge may accept the certificate as proof of the facts. 1994, c. 27, s. 56 (26).

Same(7) Where the application is made by a party to the proceeding, the facts relied on to

establish that the attendance or other participation of the person is material to the ends of justice may be proved by the party’s affidavit. 1994, c. 27, s. 56 (26).

Section Amendments with date in force (d/m/y)1994, c. 27, s. 56 (23-26) - 1/04/19952006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

Contempt proceedings13. (1) Where any person without lawful excuse,(a) on being duly summoned under section 12 as a witness at a hearing makes default

in attending at the hearing; or(b) being in attendance as a witness at an oral hearing or otherwise participating as a

witness at an electronic hearing, refuses to take an oath or to make an affirmation legally required by the tribunal to be taken or made, or to produce any document or thing in his or her power or control legally required by the tribunal to be produced by him or her or to answer any question to which the tribunal may legally require an answer; or

(c) does any other thing that would, if the tribunal had been a court of law having power to commit for contempt, have been contempt of that court,

the tribunal may, of its own motion or on the motion of a party to the proceeding, state a case to the Divisional Court setting out the facts and that court may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of that person and after hearing any statement that may be offered in defence, punish or take steps for the punishment of that person in like manner as if he or she had been guilty of contempt of the court. R.S.O. 1990, c. S.22, s. 13; 1994, c. 27, s. 56 (27).

Same

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(2) Subsection (1) also applies to a person who,(a) having objected under clause 6 (4) (b) to a hearing being held as a written hearing,

fails without lawful excuse to participate in the oral or electronic hearing of the matter; or

(b) being a party, fails without lawful excuse to attend a pre-hearing conference when so directed by the tribunal. 1997, c. 23, s. 13 (17).


Protection for witnesses14. (1) A witness at an oral or electronic hearing shall be deemed to have objected to

answer any question asked him or her upon the ground that the answer may tend to criminate him or her or may tend to establish his or her liability to civil proceedings at the instance of the Crown, or of any person, and no answer given by a witness at a hearing shall be used or be receivable in evidence against the witness in any trial or other proceeding against him or her thereafter taking place, other than a prosecution for perjury in giving such evidence. R.S.O. 1990, c. S.22, s. 14 (1); 1994, c. 27, s. 56 (28).

(2) REPEALED: 1994, c. 27, s. 56 (29).


Evidence

What is admissible in evidence at a hearing15. (1) Subject to subsections (2) and (3), a tribunal may admit as evidence at a

hearing, whether or not given or proven under oath or affirmation or admissible as evidence in a court,(a) any oral testimony; and(b) any document or other thing,

relevant to the subject-matter of the proceeding and may act on such evidence, but the tribunal may exclude anything unduly repetitious.

What is inadmissible in evidence at a hearing(2) Nothing is admissible in evidence at a hearing,(a) that would be inadmissible in a court by reason of any privilege under the law of

evidence; or(b) that is inadmissible by the statute under which the proceeding arises or any other

statute.

Conflicts(3) Nothing in subsection (1) overrides the provisions of any Act expressly limiting the

extent to or purposes for which any oral testimony, documents or things may be admitted or used in evidence in any proceeding.

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Copies(4) Where a tribunal is satisfied as to its authenticity, a copy of a document or other

thing may be admitted as evidence at a hearing.

Photocopies(5) Where a document has been filed in evidence at a hearing, the tribunal may, or

the person producing it or entitled to it may with the leave of the tribunal, cause the document to be photocopied and the tribunal may authorize the photocopy to be filed in evidence in the place of the document filed and release the document filed, or may furnish to the person producing it or the person entitled to it a photocopy of the document filed certified by a member of the tribunal.

Certified copy admissible in evidence(6) A document purporting to be a copy of a document filed in evidence at a hearing,

certified to be a copy thereof by a member of the tribunal, is admissible in evidence in proceedings in which the document is admissible as evidence of the document. R.S.O. 1990, c. S.22, s. 15.

Use of previously admitted evidence15.1 (1) The tribunal may treat previously admitted evidence as if it had been

admitted in a proceeding before the tribunal, if the parties to the proceeding consent. 1994, c. 27, s. 56 (30).

Definition(2) In subsection (1),

“previously admitted evidence” means evidence that was admitted, before the hearing of the proceeding referred to in that subsection, in any other proceeding before a court or tribunal, whether in or outside Ontario.

Additional power(3) This power conferred by this section is in addition to the tribunal’s power to admit

evidence under section 15. 1997, c. 23, s. 13 (18).


Witness panels15.2 A tribunal may receive evidence from panels of witnesses composed of two or

more persons, if the parties have first had an opportunity to make submissions in that regard. 1994, c. 27, s. 56 (31).


Notice of facts and opinions16. A tribunal may, in making its decision in any proceeding,

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(a) take notice of facts that may be judicially noticed; and(b) take notice of any generally recognized scientific or technical facts, information or

opinions within its scientific or specialized knowledge. R.S.O. 1990, c. S.22, s. 16.

Interim decisions and orders16.1 (1) A tribunal may make interim decisions and orders.

Conditions(2) A tribunal may impose conditions on an interim decision or order.

Reasons(3) An interim decision or order need not be accompanied by reasons. 1994, c. 27,

s. 56 (32).


Time frames16.2 A tribunal shall establish guidelines setting out the usual time frame for

completing proceedings that come before the tribunal and for completing the procedural steps within those proceedings. 1999, c. 12, Sched. B, s. 16 (6).


Decision; interestDecision

17. (1) A tribunal shall give its final decision and order, if any, in any proceeding in writing and shall give reasons in writing therefor if requested by a party. R.S.O. 1990, c. S.22, s. 17; 1993, c. 27, Sched.

Interest(2) A tribunal that makes an order for the payment of money shall set out in the order

the principal sum, and if interest is payable, the rate of interest and the date from which it is to be calculated. 1994, c. 27, s. 56 (33).

Section Amendments with date in force (d/m/y)1993, c. 27, Sched. - 31/12/1991; 1994, c. 27, s. 56 (33) - 1/04/1995

Costs17.1 (1) Subject to subsection (2), a tribunal may, in the circumstances set out in

rules made under subsection (4), order a party to pay all or part of another party’s costs in a proceeding. 2006, c. 19, Sched. B, s. 21 (2).

Exception(2) A tribunal shall not make an order to pay costs under this section unless,

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(a) the conduct or course of conduct of a party has been unreasonable, frivolous or vexatious or a party has acted in bad faith; and

(b) the tribunal has made rules under subsection (4). 2006, c. 19, Sched. B, s. 21 (2).

Amount of costs(3) The amount of the costs ordered under this section shall be determined in

accordance with the rules made under subsection (4). 2006, c. 19, Sched. B, s. 21 (2).Rules

(4) A tribunal may make rules with respect to,(a) the ordering of costs;(b) the circumstances in which costs may be ordered; and(c) the amount of costs or the manner in which the amount of costs is to be

determined. 2006, c. 19, Sched. B, s. 21 (2).

Same(5) Subsections 25.1 (3), (4), (5) and (6) apply with respect to rules made under

subsection (4). 2006, c. 19, Sched. B, s. 21 (2).

Continuance of provisions in other statutes(6) Despite section 32, nothing in this section shall prevent a tribunal from ordering a

party to pay all or part of another party’s costs in a proceeding in circumstances other than those set out in, and without complying with, subsections (1) to (3) if the tribunal makes the order in accordance with the provisions of an Act that are in force on February 14, 2000. 2006, c. 19, Sched. B, s. 21 (2).

Submissions must be in writing(7) Despite sections 5.1, 5.2 and 5.2.1, submissions for a costs order, whether under

subsection (1) or under an authority referred to in subsection (6), shall be made by way of written or electronic documents, unless a party satisfies the tribunal that to do so is likely to cause the party significant prejudice. 2015, c. 23, s. 5.

(8), (9) REPEALED: 2015, c. 23, s. 5.

Section Amendments with date in force (d/m/y)1999, c. 12, Sched. B, s. 16 (7) - 14/02/20002006, c. 19, Sched. B, s. 21 (2) - 22/06/20062015, c. 23, s. 5 - 03/11/2015

Notice of decision18. (1) The tribunal shall send each party who participated in the proceeding, or the

party’s representative, a copy of its final decision or order, including the reasons if any have been given,(a) by regular lettermail;(b) by electronic transmission; (c) by telephone transmission of a facsimile; or

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(d) by some other method that allows proof of receipt, if the tribunal’s rules made under section 25.1 deal with the matter. 1994, c. 27, s. 56 (34); 1997, c. 23, s. 13 (19); 2006, c. 21, Sched. C, s. 134 (6).

Use of mail(2) If the copy is sent by regular lettermail, it shall be sent to the most recent

addresses known to the tribunal and shall be deemed to be received by the party on the fifth day after the day it is mailed. 1994, c. 27, s. 56 (34).Use of electronic or telephone transmission

(3) If the copy is sent by electronic transmission or by telephone transmission of a facsimile, it shall be deemed to be received on the day after it was sent, unless that day is a holiday, in which case the copy shall be deemed to be received on the next day that is not a holiday. 1994, c. 27, s. 56 (34).

Use of other method(4) If the copy is sent by a method referred to in clause (1) (d), the tribunal’s rules

made under section 25.1 govern its deemed day of receipt. 1994, c. 27, s. 56 (34).

Failure to receive copy(5) If a party that acts in good faith does not, through absence, accident, illness or

other cause beyond the party’s control, receive the copy until a later date than the deemed day of receipt, subsection (2), (3) or (4), as the case may be, does not apply. 1994, c. 27, s. 56 (34).

Section Amendments with date in force (d/m/y)1994, c. 27, s. 56 (34) - 1/04/1995; 1997, c. 23, s. 13 (19) - 28/11/19972006, c. 21, Sched. C, s. 134 (6) - 1/05/2007

Enforcement of orders19. (1) A certified copy of a tribunal’s decision or order in a proceeding may be filed

in the Superior Court of Justice by the tribunal or by a party and on filing shall be deemed to be an order of that court and is enforceable as such. 1994, c. 27, s. 56 (35); 2006, c. 19, Sched. C, s. 1 (1).

Notice of filing(2) A party who files an order under subsection (1) shall notify the tribunal within 10

days after the filing. 1994, c. 27, s. 56 (35).

Order for payment of money(3) On receiving a certified copy of a tribunal’s order for the payment of money, the

sheriff shall enforce the order as if it were an execution issued by the Superior Court of Justice. 1994, c. 27, s. 56 (35); 2006, c. 19, Sched. C, s. 1 (1).


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Record of proceeding20. A tribunal shall compile a record of any proceeding in which a hearing has been

held which shall include,(a) any application, complaint, reference or other document, if any, by which the

proceeding was commenced;(b) the notice of any hearing;(c) any interlocutory orders made by the tribunal;(d) all documentary evidence filed with the tribunal, subject to any limitation expressly

imposed by any other Act on the extent to or the purposes for which any such documents may be used in evidence in any proceeding;

(e) the transcript, if any, of the oral evidence given at the hearing; and(f) the decision of the tribunal and the reasons therefor, where reasons have been

given. R.S.O. 1990, c. S.22, s. 20.

Adjournments21. A hearing may be adjourned from time to time by a tribunal of its own motion or

where it is shown to the satisfaction of the tribunal that the adjournment is required to permit an adequate hearing to be held. R.S.O. 1990, c. S.22, s. 21.

Correction of errors21.1 A tribunal may at any time correct a typographical error, error of calculation or

similar error made in its decision or order. 1994, c. 27, s. 56 (36).


Power to review21.2 (1) A tribunal may, if it considers it advisable and if its rules made under section

25.1 deal with the matter, review all or part of its own decision or order, and may confirm, vary, suspend or cancel the decision or order. 1997, c. 23, s. 13 (20).

Time for review (2) The review shall take place within a reasonable time after the decision or order is

made.

Conflict(3) In the event of a conflict between this section and any other Act, the other Act

prevails. 1994, c. 27, s. 56 (36).


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Administration of oaths22. A member of a tribunal has power to administer oaths and affirmations for the

purpose of any of its proceedings and the tribunal may require evidence before it to be given under oath or affirmation. R.S.O. 1990, c. S.22, s. 22.

Powers re control of proceedingsAbuse of processes

23. (1) A tribunal may make such orders or give such directions in proceedings before it as it considers proper to prevent abuse of its processes. R.S.O. 1990, c. S.22, s. 23 (1).Limitation on examination

(2) A tribunal may reasonably limit further examination or cross-examination of a witness where it is satisfied that the examination or cross-examination has been sufficient to disclose fully and fairly all matters relevant to the issues in the proceeding. 1994, c. 27, s. 56 (37).

Exclusion of representatives(3) A tribunal may exclude from a hearing anyone, other than a person licensed under

the Law Society Act, appearing on behalf of a party or as an adviser to a witness if it finds that such person is not competent properly to represent or to advise the party or witness, or does not understand and comply at the hearing with the duties and responsibilities of an advocate or adviser. 2006, c. 21, Sched. C, s. 134 (7).


Notice, etc.24. (1) Where a tribunal is of the opinion that because the parties to any proceeding

before it are so numerous or for any other reason, it is impracticable,(a) to give notice of the hearing; or(b) to send its decision and the material mentioned in section 18,

to all or any of the parties individually, the tribunal may, instead of doing so, cause reasonable notice of the hearing or of its decision to be given to such parties by public advertisement or otherwise as the tribunal may direct.

Contents of notice(2) A notice of a decision given by a tribunal under clause (1) (b) shall inform the

parties of the place where copies of the decision and the reasons therefor, if reasons were given, may be obtained. R.S.O. 1990, c. S.22, s. 24.

Appeal operates as stay, exception25. (1) An appeal from a decision of a tribunal to a court or other appellate body

operates as a stay in the matter unless,(a) another Act or a regulation that applies to the proceeding expressly provides to the

contrary; or

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(b) the tribunal or the court or other appellate body orders otherwise. 1997, c. 23, s. 13 (21).

Idem(2) An application for judicial review under the Judicial Review Procedure Act, or the

bringing of proceedings specified in subsection 2 (1) of that Act is not an appeal within the meaning of subsection (1). R.S.O. 1990, c. S.22, s. 25 (2).


Control of process25.0.1 A tribunal has the power to determine its own procedures and practices and

may for that purpose,(a) make orders with respect to the procedures and practices that apply in any

particular proceeding; and(b) establish rules under section 25.1. 1999, c. 12, Sched. B, s. 16 (8).


Rules25.1 (1) A tribunal may make rules governing the practice and procedure before it.

1994, c. 27, s. 56 (38).

Application(2) The rules may be of general or particular application. 1994, c. 27, s. 56 (38).

Consistency with Acts(3) The rules shall be consistent with this Act and with the other Acts to which they

relate. 1994, c. 27, s. 56 (38).

Public access(4) The tribunal shall make the rules available to the public in English and in French.

1994, c. 27, s. 56 (38).

Legislation Act, 2006, Part III(5) Rules adopted under this section are not regulations as defined in Part III

(Regulations) of the Legislation Act, 2006. 1994, c. 27, s. 56 (38); 2006, c. 21, Sched. F, s. 136 (1).

Additional power(6) The power conferred by this section is in addition to any power to adopt rules that

the tribunal may have under another Act. 1994, c. 27, s. 56 (38).

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Section Amendments with date in force (d/m/y)1994, c. 27, s. 56 (38) - 1/04/19952006, c. 21, Sched. F, s. 136 (1) - 25/07/2007

Regulations26. The Lieutenant Governor in Council may make regulations prescribing forms for

the purpose of section 12. 1994, c. 27, s. 56 (41).


Rules, etc., available to public27. A tribunal shall make any rules or guidelines established under this or any other

Act available for examination by the public. 1999, c. 12, Sched. B, s. 16 (9).


Substantial compliance28. Substantial compliance with requirements respecting the content of forms, notices

or documents under this Act or any rule made under this or any other Act is sufficient. 1999, c. 12, Sched. B, s. 16 (9).


29.-31. REPEALED: 1994, c. 27, s. 56 (40).


Conflict32. Unless it is expressly provided in any other Act that its provisions and regulations,

rules or by-laws made under it apply despite anything in this Act, the provisions of this Act prevail over the provisions of such other Act and over regulations, rules or by-laws made under such other Act which conflict therewith. R.S.O. 1990, c. S.22, s. 32; 1994, c. 27, s. 56 (42).


33., 34. REPEALED: 1994, c. 27, s. 56 (43).


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FORMS 1, 2 REPEALED: 1994, c. 27, s. 56 (44).


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APPENDIX C - Protocol Regarding the Use of Electronic Communication Devices in JPRC Hearing Proceedings15

This Protocol is founded on the “open courts” principle, which requires transparency and accountability in the judicial system to foster public confidence in the administration of justice.

(1) Application

This Protocol applies to all persons attending or participating in a location where public proceedings are being held before a Hearing Panel of the Justices of the Peace Review Council (JPRC) regarding the conduct of a justice of the peace. Use of electronic communication devices should never interfere with the hearing proceedings or the ability to have a fair hearing.

(2) Definitions

“Electronic communication devices” include all computers, personal electronic and digital devices, and mobile, cellular and smart phones.

“Hearing Panel” means the three-person panel consisting of a judge of the Ontario Court of Justice and a justice of the peace of the Ontario Court of Justice and a community or lawyer member.

(3) Use of Electronic Communication Devices in Hearings

The use of electronic communication devices in silent or vibrate mode is permitted, except as follows:

i. The presiding Hearing Panel orders otherwise.

ii. Legislation (e.g. the Justices of the Peace Act or the Statutory Powers Procedures Act) or the Hearing Panel restricts public attendance.

iii. No photos or videos may be taken unless there is a Hearing Panel order otherwise.

iv. Audio recording of proceedings is permitted by counsel, members of the media, and litigants for note-taking purposes only but the Hearing Panel must be advised before the recording is commenced. These audio recordings cannot be transmitted.

15 The Justices of the Peace Review is a body independent of the Ontario Court of Justice with jurisdiction to investigate and dispose of complaints about the conduct of justices of the peace of that Court. The Review Council notes that the Ontario Court of Justice has established a Protocol Regarding the Use of Electronic Communication Devices in Court Proceedings and has decided to adopt the rules of that Protocol as set out above for its hearings.

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v. Talking on electronic communication devices is not permitted while the hearing is in session.

(4) Publication Bans and Other Restrictions

Anyone using an electronic communication device to transmit information has the responsibility to identify and comply with any publication bans, sealing orders, or other restrictions imposed by statute or by order of the Hearing Panel.

(5) Hearing Panel Orders

The presiding Hearing Panel retains overriding responsibility to maintain hearing room decorum and to ensure that proceedings are conducted in a manner consistent with the proper administration of justice. In deciding whether to restrict the use of electronic communication devices, the Hearing Panel may consider whether there is evidence regarding factors such as:

i. whether the use of electronic communication devices would disrupt the proceedings or interfere with the proper functioning of the electronic equipment being used to make a proper record of the hearing; or

ii. whether the use of electronic communication devices would interfere with witness testimony, or unreasonably infringe anyone’s privacy or security.

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APPENDIX D – Notice of Hearing Template

JUSTICES OF THE PEACE REVIEW COUNCIL

IN THE MATTER OF a complaint respectingJustice of the Peace in the

[name] Region

NOTICE OF HEARING

The Justices of the Peace Review Council (the “Review Council”), pursuant to subsection 11(15)(c) of the Justices of the Peace Act, R.S.O. 1990, c. J.4, as amended (the “Act”), has ordered that the following matter of a complaint regarding the conduct or actions of Justice of the Peace [name] be referred to a Hearing Panel of the Review Council, for a formal hearing under section 11.1 of the Act.

It is alleged that you have conducted yourself in a manner that is incompatible with the due execution of your office and that by reason thereof you have become incapacitated or disabled from the due execution of your office. The particulars of the complaint regarding your conduct are set out in Appendix “A” to this Notice of Hearing.

The Hearing Panel of the Review Council will convene at the Justices of the Peace Review Council Boardroom, [location] or by teleconference, on [day], the [date] day of [month], [year], at [time] a.m. in the forenoon or as soon thereafter as the Hearing Panel of the Review Council can be convened to set a date for the hearing into the complaint.

A justice of the peace whose conduct is the subject of a formal hearing before the Review Council may be represented by counsel and shall be given the opportunity to be heard and to produce evidence.

The Review Council may, pursuant to subsection 11.1(10) of the Justices of the Peace Act, dismiss the complaint after completing the hearing, with or without a finding that it is unfounded or, if it upholds the complaint, it may:

(a) warn the justice of the peace;

(b) reprimand the justice of the peace;

(c) order the justice of the peace to apologize to the complainants or to any other person;

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(d) order that the justice of the peace take specified measures, such as receiving education or treatment, as a condition of continuing to sit as a justice of the peace;

(e) suspend the justice of the peace with pay, for any period;

(f) suspend the justice of the peace without pay, but with benefits, for a period up to 30 days; or

(g) recommend to the Attorney General that the justice of the peace be removed from office in accordance with section 11.2 of the Justices of the Peace Act.

You, your counsel or your representative may contact the office of the solicitor retained on behalf of the Review Council to act as presenting counsel in this matter, [name of presenting counsel].

If you fail to attend before the Review Council in person or by representative, the Review Council may proceed with the hearing in your absence and you will not be entitled to any further notice of the proceeding.

[Date] ______________________________[signed by the Registrar],RegistrarJustices of the Peace Review Council

TO: Justice of the Peace [name]

APPENDIX "A" TO THE NOTICE OF HEARING

PARTICULARS OF THE COMPLAINT

The particulars of the complaint regarding the conduct of His/Her Worship [name] are

set out below:

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APPENDIX E– Agreed Statement of Facts Template

IN THE MATTER OF a hearing under section 11.1 of the Justices of the Peace Act about the conduct of Justice of the Peace [name]

of the Ontario Court of Justice

His/Her Worship [name], and Counsel for His/Her Worship, [name of lawyer], and Presenting Counsel, [name of Presenting Counsel], agree as provided herein:

A. General Principles

1. The Principles of Judicial Office for Justices of the Peace of the Ontario Court of Justice state that the justices of the peace of the Ontario Court of Justice recognize their duty to establish, maintain, encourage and uphold high standards of personal conduct and professionalism so as to preserve the independence and integrity of their judicial office and to preserve the faith and trust that society places in the individuals who have agreed to accept the responsibilities of judicial office.

2. Public confidence in and respect for the judiciary are essential to an effective judicial system and, ultimately, to democracy founded on the rule of law. One factor which is capable of undermining public respect and confidence is the conduct of justices of the peace, in and out of court, that demonstrates a lack of integrity, independence or impartiality.

3. The public expects that justices of the peace must be and must give the appearance of being an example of impartiality, independence and integrity.

B. Background

4. His/Her Worship [name], the subject of the complaint, is now and was at all times referred to in this document, a justice of the peace of the Ontario Court of Justice assigned to preside in the [region]. Justice of the Peace [name] has served in that capacity since [date].

5. On [date], the Justices of the Peace Review Council received a written complaint from ….

6. The allegations were investigated by a complaints committee of the Review Council. On [date], His/Her Worship was provided with the opportunity to respond to the complaint.

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7. After reviewing the information obtained in its investigation, including the response of His/Her Worship [name], the complaints committee ordered a hearing into the allegations set out in the Notice of Hearing pursuant to subsection 11(15)(c) of the Justices of the Peace Act.

C. FACTS

8. Etc.

9. Etc.

D. ADMISSIONS (APPLICABLE IF JUDICIAL MISCONDUCT IS ADMITTED)

10. His/Her Worship [name] admits that his/her actions negatively impacted the confidence of members of the public in him/her as a justice of the peace, in the judiciary in general and in the administration of justice. In particular:

(Elaborate on the particulars of how the actions impacted on public confidence…)

10.His/Her Worship [name] admits that his/her conduct on [date] constitutes judicial misconduct that warrants a disposition under subsection 11.1(10) of the Justices of the Peace Act.

__________________________________ _____________Justice of the Peace [name] Date

__________________________________ _____________Counsel for His/Her Worship Date

__________________________________ _____________Presenting Counsel Date

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