Access to Justice Act, 2006, S.O. 2006, c. 21

CHAPTER 21

An Act to promote
access to justice
by amending or repealing
various Acts and by enacting
the Legislation Act, 2006

Assented to October 19, 2006

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.


CONTENTS
1. 2. 3. Schedule A Schedule B Schedule C Schedule D Schedule E Schedule F	Contents of Act Commencement Short title Amendments to the Courts of Justice Act Amendments to the Justices of the Peace Act and the Public Authorities Protection Act Amendments to the Law Society Act and related amendments to other Acts Amendments to the Limitations Act, 2002 Amendments to the Provincial Offences Act Legislation Act, 2006
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Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of Act

1. This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2. (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Same

(2) The Schedules to this Act come into force as provided in each Schedule.

Same

(3) If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, the proclamation may apply to the whole or any portion of the Schedule, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3. The short title of this Act is the Access to Justice Act, 2006.

SCHEDULE A
AMENDMENTS TO THE COURTS OF JUSTICE ACT

1. The definition of “region” in section 1 of the Courts of Justice Act is amended by striking out “74” and substituting “79.1”.

2. Subsection 8 (6) of the Act is amended by striking out “Treasurer of Ontario” and substituting “Minister of Finance”.

3. Subsection 19 (1) of the Act is repealed and the following substituted:

Divisional Court jurisdiction

(1) An appeal lies to the Divisional Court from,

(a) a final order of a judge of the Superior Court of Justice, as described in subsections (1.1) and (1.2);

(b) an interlocutory order of a judge of the Superior Court of Justice, with leave as provided in the rules of court;

Same

(1.1) If the notice of appeal is filed before the day section 3 of Schedule A to the Access to Justice Act, 2006 comes into force, clause (1) (a) applies in respect of a final order,

(a) for a single payment of not more than $25,000, exclusive of costs;

(b) for periodic payments that amount to not more than $25,000, exclusive of costs, in the 12 months commencing on the date the first payment is due under the order;

(d) dismissing a claim for an amount that is more than the amount set out in clause (a) or (b) and in respect of which the judge or jury indicates that if the claim had been allowed the amount awarded would have been not more than the amount set out in clause (a) or (b).

Same

(1.2) If the notice of appeal is filed on or after the day section 3 of Schedule A to the Access to Justice Act, 2006 comes into force, clause (1) (a) applies in respect of a final order,

(a) for a single payment of not more than $50,000, exclusive of costs;

(b) for periodic payments that amount to not more than $50,000, exclusive of costs, in the 12 months commencing on the date the first payment is due under the order;

4. Section 33 of the Act is amended by adding the following subsection:

Duty of Chief Justice

(7) The Chief Justice shall ensure that any standards of conduct are made available to the public, in English and French, when they have been approved by the Deputy Judges Council.

5. (1) Subsection 42 (2) of the Act is repealed and the following substituted:

Qualification

(2) No person shall be appointed as a provincial judge unless he or she,

(a) has been a member of the bar of one of the provinces or territories of Canada for at least 10 years; or

(b) has, for an aggregate of at least 10 years,

(i) been a member of a bar mentioned in clause (a), and

(ii) after becoming a member of such a bar, exercised powers and performed duties of a judicial nature on a full-time basis in respect to a position held under a law of Canada or of one of its provinces or territories.

(2) Subsection 42 (3) of the Act is amended by striking out “may appoint” and substituting “may, on the recommendation of the Attorney General, appoint”.

(3) Subsection 42 (4) of the Act is repealed and the following substituted:

Associate chief justices

(4) The Lieutenant Governor in Council may, on the recommendation of the Attorney General, appoint two provincial judges as associate chief justices of the Ontario Court of Justice.

(4) Subsection 42 (6) of the Act is repealed and the following substituted:

Regional senior judges

(6) The Lieutenant Governor in Council may, on the recommendation of the Attorney General, appoint a provincial judge to be the regional senior judge of the Ontario Court of Justice for each region.

Same

(6.1) Before making a recommendation referred to in subsection (4) or (6), the Attorney General shall consult with the Chief Justice of the Ontario Court of Justice.

6. Subsection 51.9 (2) of the Act is amended by striking out “the standards of conduct” and substituting “any standards of conduct”.

7. Subsection 52 (4) of the Act is repealed and the following substituted:

Regional meeting of judges

(4) The judges of the Court of Ontario in each region shall meet at least once in each year in order to consider this Act, the rules of court and the administration of justice in the region generally, on a day fixed jointly by the regional senior judge of the Superior Court of Justice and the regional senior judge of the Ontario Court of Justice.

8. Clause 53 (1) (d) of the Act is repealed.

9. Clause 65 (2) (a.2) of the Act is repealed and the following substituted:

(a.2) the Chief Justice of the Ontario Court of Justice, or another judge of that court designated by the Chief Justice;

10. (1) Subsection 66 (1) of the Act is repealed and the following substituted:

Civil rules

(1) Subject to the approval of the Attorney General, the Civil Rules Committee may make rules for the Court of Appeal and the Superior Court of Justice in relation to the practice and procedure of those courts in all civil proceedings, except for proceedings in relation to which the Family Rules Committee may make rules under section 68.

(2) Subsection 66 (2) of the Act is amended by striking out “for the courts described in subsection (1)” in the portion before clause (a) and substituting “under subsection (1)”.

(3) Subsections 66 (3) and (4) of the Act are repealed and the following substituted:

Same

(3) Nothing in subsection (1) or (2) authorizes the making of rules that conflict with an Act, but rules may be made under subsection (1) supplementing the provisions of an Act in respect of practice and procedure.

Same

(4) Rules made under subsection (1) in relation to the matters described in clauses (2) (p), (v) and (w) shall be reviewed at least once in every four-year period.

Application

(5) A rule made under this section may be general or particular in its application.

11. Clause 67 (2) (d) of the Act is amended by striking out “at his or her designation, an associate chief justice” and substituting “an associate chief justice designated by the Chief Justice”.

12. Subsections 68 (1), (2) and (3) of the Act are repealed and the following substituted:

Family rules

(1) Subject to the approval of the Attorney General, the Family Rules Committee may make rules for the Court of Appeal, the Superior Court of Justice and the Ontario Court of Justice in relation to the practice and procedure of those courts in the proceedings referred to in the Schedule to section 21.8.

Same

(2) Subsections 66 (2), (3) and (5) apply with necessary modifications to the Family Rules Committee making rules under subsection (1).

13. Subsection 70 (2) of the Act is amended by striking out “Subject to the approval of the Lieutenant Governor in Council” at the beginning and substituting “Subject to the approval of the Attorney General”.

14. Part V of the Act is repealed and the following substituted:

PART V
ADMINISTRATION OF THE COURTS

Goals

71. The administration of the courts shall be carried on so as to,

(a) maintain the independence of the judiciary as a separate branch of government;

(b) recognize the respective roles and responsibilities of the Attorney General and the judiciary in the administration of justice;

(d) further the provision of high-quality services to the public; and

(e) promote the efficient use of public resources.

Role of Attorney General

72. The Attorney General shall superintend all matters connected with the administration of the courts, other than the following:

1. Matters that are assigned by law to the judiciary, including authority to direct and supervise the sittings and the assignment of the judicial duties of the court.

2. Matters related to the education, conduct and discipline of judges and justices of the peace, which are governed by other provisions of this Act, the Justices of the Peace Act and Acts of the Parliament of Canada.

3. Matters assigned to the judiciary by a memorandum of understanding under section 77.

Court officers and staff

Appointment

73. (1) Registrars, sheriffs, court clerks, assessment officers and any other administrative officers and employees that are considered necessary for the administration of the courts in Ontario may be appointed under the Public Service Act.

Exercise of powers

(2) A power or duty given to a registrar, sheriff, court clerk, bailiff, assessment officer, Small Claims Court referee or official examiner under an Act, regulation or rule of court may be exercised or performed by a person or class of persons to whom the power or duty has been assigned by the Deputy Attorney General or a person designated by the Deputy Attorney General.

Same

(3) Subsection (2) applies in respect of an Act, regulation or rule of court made under the authority of the Legislature or of the Parliament of Canada.

Destruction of documents

74. Documents and other materials that are no longer required in a court office shall be disposed of in accordance with the directions of the Deputy Attorney General, subject to the approval of,

(a) in the Court of Appeal, the Chief Justice of Ontario;

(b) in the Superior Court of Justice, the Chief Justice of the Superior Court of Justice;

Powers of chief or regional senior judge

75. (1) The powers and duties of a judge who has authority to direct and supervise the sittings and the assignment of the judicial duties of his or her court include the following:

1. Determining the sittings of the court.

2. Assigning judges to the sittings.

3. Assigning cases and other judicial duties to individual judges.

4. Determining the sitting schedules and places of sittings for individual judges.

5. Determining the total annual, monthly and weekly workload of individual judges.

6. Preparing trial lists and assigning courtrooms, to the extent necessary to control the determination of who is assigned to hear particular cases.

Powers re masters, case management masters

(2) Subsection (1) applies, with necessary modifications, in respect of directing and supervising the sittings and assigning the judicial duties of masters and case management masters.

Direction of court staff

76. (1) In matters that are assigned by law to the judiciary, registrars, court clerks, court reporters, interpreters and other court staff shall act at the direction of the chief justice of the court.

Same

(2) Court personnel referred to in subsection (1) who are assigned to and present in a courtroom shall act at the direction of the presiding judge, master or case management master while the court is in session.

Memoranda of understanding between Attorney General and Chief Justices

Court of Appeal

77. (1) The Attorney General and the Chief Justice of Ontario may enter into a memorandum of understanding governing any matter relating to the administration of the Court of Appeal.

Superior Court of Justice

(2) The Attorney General and the Chief Justice of the Superior Court of Justice may enter into a memorandum of understanding governing any matter relating to the administration of that court.

Ontario Court of Justice

(3) The Attorney General and the Chief Justice of the Ontario Court of Justice may enter into a memorandum of understanding governing any matter relating to the administration of that court.

Scope

(4) A memorandum of understanding under this section may deal with the respective roles and responsibilities of the Attorney General and the judiciary in the administration of justice, but shall not deal with any matter assigned by law to the judiciary.

Publication

(5) The Attorney General shall ensure that each memorandum of understanding entered into under this section is made available to the public, in English and French.

Ontario Courts Advisory Council

78. (1) The council known as the Ontario Courts Advisory Council is continued under the name Ontario Courts Advisory Council in English and Conseil consultatif des tribunaux de l’Ontario in French.

Same

(2) The Ontario Courts Advisory Council is composed of,

(a) the Chief Justice of Ontario, who shall preside, and the Associate Chief Justice of Ontario;

(b) the Chief Justice and the Associate Chief Justice of the Superior Court of Justice and the Senior Judge of the Family Court;

(d) the regional senior judges of the Superior Court of Justice and of the Ontario Court of Justice.

Mandate

(3) The Ontario Courts Advisory Council shall meet to consider any matter relating to the administration of the courts that is referred to it by the Attorney General or that it considers appropriate on its own initiative, and shall make recommendations on the matter to the Attorney General and to its members.

Ontario Courts Management Advisory Committee

79. (1) The committee known as the Ontario Courts Management Advisory Committee is continued under the name Ontario Courts Management Advisory Committee in English and Comité consultatif de gestion des tribunaux de l’Ontario in French.

Same

(2) The Ontario Courts Management Advisory Committee is composed of,

(a) the Chief Justice and Associate Chief Justice of Ontario, the Chief Justice and Associate Chief Justice of the Superior Court of Justice, the Senior Judge of the Family Court and the Chief Justice and associate chief justices of the Ontario Court of Justice;

(b) the Attorney General, the Deputy Attorney General, the Assistant Deputy Attorney General responsible for courts administration, the Assistant Deputy Attorney General responsible for criminal law and two other public servants chosen by the Attorney General;

(c) three lawyers appointed by The Law Society of Upper Canada and three lawyers appointed by the County and District Law Presidents’ Association; and

(d) not more than six other persons, appointed by the Attorney General with the concurrence of the judges mentioned in clause (a) and the lawyers appointed under clause (c).

Who presides

(3) The following persons shall preside over meetings of the Committee, by rotation at intervals fixed by the Committee:

1. A judge mentioned in clause (2) (a), selected by the judges mentioned in that clause.

2. The Attorney General, or a person mentioned in clause (2) (b) and designated by the Attorney General.

3. A lawyer appointed under clause (2) (c), selected by the lawyers appointed under that clause.

4. A person appointed under clause (2) (d), selected by the persons appointed under that clause.

Function of Committee

(4) The function of the Committee is to consider and recommend to the relevant bodies or authorities policies and procedures to promote the better administration of justice and the effective use of human and other resources in the public interest.

Regions

79.1 (1) For administrative purposes related to the administration of justice in the province, Ontario is divided into the regions prescribed under subsection (2).

Regulations

(2) The Lieutenant Governor in Council may make regulations prescribing regions for the purposes of this Act.

Regional Courts Management Advisory Committee

79.2 (1) The committee in each region known as the Regional Courts Management Advisory Committee is continued under the name Regional Courts Management Advisory Committee in English and Comité consultatif régional de gestion des tribunaux in French, and is composed of,

(a) the regional senior judge of the Superior Court of Justice, the regional senior judge of the Ontario Court of Justice and, in a region where the Family Court has jurisdiction, a judge chosen by the Chief Justice of the Superior Court of Justice;

(b) the regional director of courts administration for the Ministry of the Attorney General and the regional director of Crown attorneys;

(d) not more than two other persons, appointed by the Attorney General with the concurrence of the judges mentioned in clause (a) and the lawyers appointed under clause (c).

Who presides

(2) The following persons shall preside over meetings of the Committee, by rotation at intervals fixed by the Committee:

1. A judge mentioned in clause (1) (a), selected by the judges mentioned in that clause.

2. An official mentioned in clause (1) (b), selected by the officials mentioned in that clause.

3. A lawyer appointed under clause (1) (c), selected by the lawyers appointed under that clause.

4. A person appointed under clause (1) (d), selected by the persons appointed under that clause.

Function of Committee

(3) The function of the Committee is to consider and recommend to the relevant bodies or authorities policies and procedures for the region to promote the better administration of justice and the effective use of human and other resources in the public interest.

Frequency of meetings

(4) The Committee shall meet at least once each year.

Annual report on administration of courts

79.3 (1) Within six months after the end of every fiscal year, the Attorney General shall cause a report to be prepared on the administration of the courts during that fiscal year, in consultation with the Chief Justice of Ontario, the Chief Justice of the Superior Court of Justice and the Chief Justice of the Ontario Court of Justice.

Same

(2) The annual report shall provide information about progress in meeting the goals set out in section 71 and shall be made available to the public in English and French.

Inclusion in Ministry’s annual report

(3) The Attorney General may cause all or part of the annual report on the administration of the courts to be incorporated into the corresponding annual report referred to in the Ministry of the Attorney General Act.

15. Section 86.1 of the Act is amended by adding the following subsection:

Duty of Chief Justice

(10) The Chief Justice shall ensure that any standards of conduct are made available to the public, in English and French.

16. Paragraph 3 of subsection 108 (2) of the Act is repealed and the following substituted:

3. Relief in proceedings referred to in the Schedule to section 21.8.

17. The Act is amended by adding the following section:

Periodic payment, medical malpractice actions

116.1 (1) Despite section 116, in a medical malpractice action where the court determines that the award for the future care costs of the plaintiff exceeds the prescribed amount, the court shall, on a motion by the plaintiff or a defendant that is liable to pay the plaintiff’s future care costs, order that the damages for the future care costs of the plaintiff be satisfied by way of periodic payments.

The order

(2) If the court makes an order under subsection (1), the court shall determine the amount and frequency of the periodic payments without regard to inflation and shall order the defendant to provide security for those payments in the form of an annuity contract that satisfies the criteria set out in subsection (3).

Form of security

(3) The annuity contract shall satisfy the following criteria:

1. The annuity contract must be issued by a life insurer.

2. The annuity must be designed to generate payments in respect of which the beneficiary is not required to pay income taxes.

3. The annuity must include protection from inflation to a degree reasonably available in the market for such annuities.

Directions from the court

(4) If the parties are unable to agree on the terms of the annuity, either party may seek directions from the court about the terms.

Filing and approval of plan

(5) Unless the court orders otherwise, a proposed plan to provide security required by an order under subsection (2) shall be filed with the court within 30 days of the judgment or within another period that the court may specify, and the court may approve the proposed plan, with or without modifications.

Effect of providing security

(6) If security is provided in accordance with a plan approved by the court, the defendant by whom or on whose behalf the security is provided is discharged from all liability to the plaintiff in respect of damages that are to be paid by periodic payments, but the owner of the security remains liable for the periodic payments until they are paid.

Effect of not providing security

(7) If a proposed plan is not filed in accordance with subsection (5) or is not approved by the court, the court shall, at the request of any party to the proceeding, vacate the portions of the judgment in which periodic payments are awarded and substitute a lump sum award.

Application for lump sum

(8) The court may order that the future care costs be paid in whole or in part by way of a lump sum payment to the extent that the plaintiff satisfies the court that a periodic payment award is unjust, having regard to the capacity of the periodic payment award to meet the needs for which the damages award for future care costs is intended to provide compensation.

Amount to offset liability for income tax

(9) If the court does not make an order for periodic payments under subsection (1) or makes an order for a lump sum payment under subsection (7) or (8), the court shall make an award for damages that shall include an amount to offset liability for income tax on income from investment of the award except to the extent that the evidence shows that the plaintiff will not derive taxable income from investing the award.

Periodic payments exempt from garnishment, etc.

(10) Periodic payments of damages for future care costs are exempt from seizure or garnishment to the same extent that wages are exempt under section 7 of the Wages Act, unless the seizure or garnishment is made by a provider of care to the plaintiff and the seizure or garnishment is to pay for the costs of products, services or accommodations or any one of them with respect to the plaintiff.

Future review

(11) In an order made under this section, the court may, with the consent of all the affected parties, order that the award be subject to future review and revision in such circumstances and on such terms as the court considers just.

Regulations

(12) The Lieutenant Governor in Council may make regulations prescribing or calculating the amount of future care costs for the purpose of subsection (1).

Definitions

(13) In this section,

“future care costs” means the cost of medical care or treatment, rehabilitation services or other care, treatment, services, products or accommodations that is incurred at a time after judgment; (“coûts des soins futurs”)

“medical malpractice action” means an action for personal injuries alleged to have arisen from negligence or malpractice in respect of professional services requested of, or rendered by, a health professional who is a member of a health profession as defined in the Regulated Health Professions Act, 1991 or an employee of the health professional or for which a hospital as defined in the Public Hospitals Act is held liable; (“action pour faute professionnelle médicale”)

“prescribed amount” means $250,000 or such greater amount as may be prescribed by regulation, calculated as a present value at the time of judgment in accordance with the Rules of Civil Procedure. (“montant prescrit”)

Transition

(14) This section applies to all proceedings in which a final judgment at trial or final settlement has not been made on the day the Access to Justice Act, 2006 receives Royal Assent.

18. Subsection 127 (2) of the Act is repealed and the following substituted:

Calculation and publication of interest rates

(2) After the first day of the last month of each quarter, a person designated by the Deputy Attorney General shall forthwith,

(a) determine the prejudgment and postjudgment interest rate for the next quarter; and

(b) publish in the prescribed manner a table showing the rate determined under clause (a) for the next quarter and the rates determined under clause (a) or under a predecessor of that clause for all the previous quarters during the preceding 10 years.

Regulations

(3) The Attorney General may, by regulation, prescribe the manner in which the table described in clause (2) (b) is to be published.

Commencement

19. (1) Subject to subsection (2), this Schedule comes into force on the day the Access to Justice Act, 2006 receives Royal Assent.

Same

(2) Sections 1, 3, 4, 8, 14, 15 and 18 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE B
AMENDMENTS TO THE JUSTICES OF THE PEACE ACT AND THE PUBLIC AUTHORITIESPROTECTION ACT

Justices of the Peace Act

1. (1) The definitions of “non-presiding justice of the peace” and “presiding justice of the peace” in section 1 of the Justices of the Peace Act are repealed.

(2) The definition of “Review Council” in section 1 of the Act is amended by striking out “section 9” at the end and substituting “section 8”.

2. Section 2 of the Act is repealed and the following substituted:

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.

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.

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.

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.

3. The Act is amended by adding the following section:

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.

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.

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.

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 Upper Canada.

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.

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.

Staggered terms

(7) Despite subsection (6), the following applies to the first appointments to the Advisory Committee:

1. Two of the members appointed under paragraph 4 of subsection (3) hold office for a two-year term.

2. Two of the regional members for each region appointed under paragraph 3 of subsection (4) hold office for a one-year term.

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.

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.

Term of office

(10) The same person may serve as chair for two or more terms.

Chair votes

(11) The chair is entitled to vote and may cast a second deciding vote if there is a tie.

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.

3. It shall advertise annually for applications for justice of the peace positions in each region.

4. It shall accept applications for justice of the peace positions on an ongoing basis.

5. It shall review all applications and evaluate them at least once each year or on the request of the Attorney General and may interview any of the candidates.

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.

Quorum

(13) The quorum for decisions under paragraph 8 of subsection (12) is two core members and seven regional members from the region for which an appointment is considered.

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.

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;

(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).

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.

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).

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”.

Annual report

(19) The Advisory Committee shall submit to the Attorney General an annual report in English and in French of its activities.

Tabling

(20) The Attorney General shall submit the annual report to the Lieutenant Governor in Council and shall then table it in the Assembly.

Staff

(21) Such officers and employees of the Advisory Committee as are considered necessary may be appointed under the Public Service Act.

Meetings

(22) The Advisory Committee may hold its meetings in person or through electronic means, including telephone conferencing and video conferencing.

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 form developed by the Advisory Committee and shall follow its procedures.

Transitional

(24) Any applications received by the Ministry of the Attorney General before the coming into force of this section for appointment as a justice of the peace shall be provided to the Advisory Committee and the applications may be considered by the Advisory Committee even though they are not in the form required by subsection (23).

Same

(25) Applications received by the Advisory Committee before the application form referred to in paragraph 1 of subsection (12) is made publicly available may be considered by the Advisory Committee even though they are not in the form required by subsection (23).

4. Section 4 of the Act is repealed and the following substituted:

Presiding justices

4. (1) Every justice of the peace is a presiding justice of the peace.

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.

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.

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.

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 any authority or receive any remuneration as a justice of the peace.

5. The Act is amended by adding the following section:

Per diem justices

5.1 (1) The Attorney General, on the request of a justice of the peace, may 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 or part-time justice of the peace before reaching the age of 70 years.

Previously retired justices of the peace

(2) A justice of the peace who retired before the day this section comes into force may be designated as a per diem justice of the peace if he or she has not attained the age of 70 years.

Term of appointment

(3) A per diem justice of the peace may serve until he or she attains the age of 70 years.

6. The Act is amended by adding the following section:

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).

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.

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.

Opportunity to participate

(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.

Crown bound

(5) The order binds the Crown.

7. Sections 8 and 9 of the Act are repealed and the following substituted:

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.

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;

(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.

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;

(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.

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.

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.

Staggered terms

(6) Despite subsection (5), the following applies to the first appointments to the Review Council:

1. The lawyer appointed under clause (3) (f) holds office for a six-year term.

2. One of the persons appointed under clause (3) (g) holds office for a six-year term and one holds office for a two-year term.

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.

Same

(8) The chair is entitled to vote and may cast a second deciding vote if there is a tie.

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.

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.

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.

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.

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.

Staff

(14) Such officers and employees of the Review Council as are considered necessary may be appointed under the Public Service Act.

Expert assistance

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

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.

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.

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.

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.

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.

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.

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.

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.

Meetings

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

Other duties of Review Council

Provision 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.

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.

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.

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.

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.

Open and closed hearings and meetings

(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.

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.

Tabling

(8) The Attorney General shall submit the annual report to the Lieutenant Governor in Council and shall then table the report in the Assembly.

8. Section 10 of the Act is repealed and the following substituted:

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.

Regulations Act

(2) The Regulations Act does not apply to rules established by the Review Council.

SPPA, s. 28

(3) Section 28 of the Statutory Powers Procedure Act does not apply to the Review Council.

Use of official languages of courts

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.

Same

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

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

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.

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.

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

Same

(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.

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.

Same

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

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.

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.

9. On the later of the day section 8 of Schedule B to the Access to Justice Act, 2006 comes into force and section 134 of Schedule F to that Act comes into force, subsection 10 (2) of the Justices of the Peace Act is repealed and the following substituted:

Legislation Act, 2006

(2) Part III (Regulations) of the Legislation Act, 2006 does not apply to rules established by the Review Council.

10. Section 11 of the Act is repealed and the following substituted:

Investigations

Complaints 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).

Composition

(2) A complaints committee shall be composed of,

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

(b) a justice of the peace; and

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.

Disqualification

(4) The members of a complaints committee who investigate a complaint shall not participate in a hearing in respect of the complaint.

Rotation of members

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

Quorum

(6) All the members of a complaints committee constitute a quorum.

Investigation

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

Investigation private

(8) The investigation shall be conducted in private.

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.

Rules of procedure

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

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.

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.

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.

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.

Complaints committee’s decision

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

(a) dismiss the complaint if 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;

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

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.

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.

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.

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.

Hearings

Hearing 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.

Composition

(2) A hearing panel shall be composed of,

(a) a judge who shall chair the panel;

(b) a justice of the peace; and

Quorum

(3) All the members of the panel constitute a quorum.

Application of SPPA

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

Rules of procedure

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

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.

Exception

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

Parties

(8) The panel shall determine who are the parties to the hearing.

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 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.

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;

(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.

Same

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

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.

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).

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.

Opportunity to participate

(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.

Crown bound

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

11. Section 12 of the Act is repealed and the following substituted:

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.

12. Section 13 of the Act is repealed and the following substituted:

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.

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.

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.

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.

Justice’s retirement, etc., inability or failure to give decision

Decision after retirement, etc.

13.1 (1) A justice of the peace may, within 90 days after reaching retirement age, resigning or being appointed to a court, give a decision, or participate in the giving of a decision, in any matter previously tried or heard before the justice of the peace.

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

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.

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.

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.

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.

13. The Act is amended by adding the following section:

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;

(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.

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.

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 of the peace and to one or more other justices of the peace from the same region.

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.

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.

Final decision

(6) A decision made by a regional senior judge or his or her delegate under subsection (4) is final.

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.

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.

Duty rosters public

(9) The duty rosters shall be made available to the public.

14. The Act is amended by adding the following section:

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.

Consultation

(2) Before recommending an appointment under subsection (1), the Attorney General shall consult with the Chief Justice of the Ontario Court of Justice.

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.

Terms of office

(4) Regional senior justices of the peace each hold office for three years.

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.

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.

Transition

(7) Regional senior justices of the peace in office immediately before the coming into force of this section are continued in office and,

(a) if a regional senior justice of the peace is serving a first three-year term, he or she may be appointed to a second three-year term; and

(b) if a regional senior justice of the peace is serving a second three-year term, is ineligible for reappointment.

15. Subsection 17 (2) of the Act is repealed.

16. Section 18 of the Act is amended by striking out “if any”.

17. Section 19 of the Act is repealed and the following substituted:

Other work

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

18. (1) Clauses 21 (1) (a), (b) and (f) of the Act are repealed and the following substituted:

(a) providing for the remuneration of per diem justices of the peace;

(2) Subsection 21 (3) of the Act is repealed.

19. Section 22 of the Act is repealed.

Public Authorities Protection Act

20. Subsections 6 (2), (3) and (4) of the Public Authorities Protection Act are repealed and the following substituted:

Dismissal of action

(2) In the case of a warrant issued by a justice, if, after such demand and compliance therewith by showing the warrant to and permitting a copy thereof to be taken by the person demanding the same, an action is brought against such constable, police officer, bailiff or officer, or such person so acting, for any cause, on the production and proof of the warrant at the trial of the action, judgment shall be given for the defendant despite any defect of jurisdiction in the justice.

Same

(3) In the case of a warrant issued by a clerk, if, after such demand and compliance therewith by showing the warrant to and permitting a copy thereof to be taken by the person demanding the same, an action is brought against such constable, police officer, bailiff or officer, or such person so acting, for any cause without making the clerk who issued the warrant a defendant, on the production and proof of the warrant at the trial of the action, judgment shall be given for the defendant despite any defect of jurisdiction in the clerk.

Action brought jointly against clerk and constable or bailiff

(4) In the case of a warrant issued by a clerk, if the action is brought jointly against such clerk and such constable, police officer, bailiff or other officer or person so acting, on proof of such warrant, judgment shall be given for the constable, police officer, bailiff or other officer and for the person so acting despite the defect in jurisdiction.

Costs

(5) In the case of a warrant issued by a clerk, if the judgment is given against the clerk, the plaintiff, in addition to any costs awarded to him or her, is entitled to recover such costs as he or she is liable to pay to the defendant for whom judgment is given.

Transition

(6) Subsections (2), (3) and (4), as they read on the day before the coming into force of section 20 of Schedule B to the Access to Justice Act, 2006, continue to apply with respect to actions commenced on or before that day.

Commencement

21. (1) Subject to subsection (2), this Schedule comes into force on the day the Access to Justice Act, 2006 receives Royal Assent.

Same

(2) Sections 1 to 19 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE C
AMENDMENTS TO THE LAW SOCIETY ACT AND RELATED AMENDMENTS TO OTHER ACTS

Amendments to the Law Society Act

1. The Law Society Act is amended by striking out the heading immediately before section 1 and substituting the following:

PART 0.I

2. (1) Subsection 1 (1) of the Act is amended by adding the following definition:

“adjudicative body” means any body that, after the presentation of evidence or legal argument by one or more persons, makes a decision that affects a person’s legal interests, rights or responsibilities and, without limiting the generality of the foregoing, includes,

(a) a federal or provincial court,

(b) a tribunal established under an Act of Parliament or under an Act of the Legislature of Ontario,

(c) a commission or board appointed under an Act of Parliament or under an Act of the Legislature of Ontario to conduct an inquiry or inquest, and

(d) an arbitrator; (“organisme juridictionnel”)

(2) The definition of “Appeal Panel” in subsection 1 (1) of the Act is amended by striking out “established” and substituting “continued”.

(3) The definitions of “certificate of authorization” and “elected bencher” in subsection 1 (1) of the Act are repealed and the following substituted:

“certificate of authorization” means a certificate of authorization issued under this Act authorizing the corporation named in it to practise law in Ontario, to provide legal services in Ontario or to do both; (“certificat d’autorisation”)

“elected bencher” means a person who is elected as a bencher under subsection 15 (1) or 16 (1) or becomes a bencher under subsection 15 (3) or 16 (3) or (6); (“conseiller élu”)

(4) The definition of “Hearing Panel” in subsection 1 (1) of the Act is amended by striking out “established” and substituting “continued”.

(5) Subsection 1 (1) of the Act is amended by adding the following definitions:

“licence” means a licence issued under this Act; (“permis”)

“licensed” means licensed under this Act; (“pourvu d’un permis”)

“licensee” means,

(a) a person licensed to practise law in Ontario as a barrister and solicitor, or

(b) a person licensed to provide legal services in Ontario; (“titulaire de permis”)

(6) The definition of “member” in subsection 1 (1) of the Act is repealed.

(7) Subsection 1 (1) of the Act is amended by adding the following definitions:

“person who is authorized to practise law in Ontario” means,

(a) a person who is licensed to practise law in Ontario as a barrister and solicitor and whose licence is not suspended, or

(b) a person who is not a licensee but is permitted by the by-laws to practise law as a barrister and solicitor in Ontario; (“personne autorisée à pratiquer le droit en Ontario”)

“person who is authorized to provide legal services in Ontario” means,

(a) a person who is licensed to provide legal services in Ontario and whose licence is not suspended, or

(b) a person who is not a licensee but is permitted by the by-laws to provide legal services in Ontario; (“personne autorisée à fournir des services juridiques en Ontario”)

“professional business” means,

(a) in the case of a person licensed to practise law in Ontario as a barrister and solicitor, the practice of law and the business operations relating to it,

(b) in the case of a person licensed to provide legal services in Ontario, the provision of legal services and the business operations relating to it; (“activités professionnelles”)

(8) The definition of “professional corporation” in subsection 1 (1) of the Act is repealed and the following substituted:

“professional corporation” means a corporation incorporated or continued under the Business Corporations Act that holds a valid certificate of authorization; (“société professionnelle”)

(9) The definition of “Secretary” in subsection 1 (1) of the Act is repealed.

(10) Section 1 of the Act is amended by adding the following subsections:

Licensee

(4) For greater certainty, a person whose licence is suspended or is in abeyance is a licensee, but a person whose licence has been revoked, whose application to surrender his or her licence has been accepted under section 30 or whose licence is deemed to have been surrendered under section 31 is not a licensee.

Provision of legal services

(5) For the purposes of this Act, a person provides legal services if the person engages in conduct that involves the application of legal principles and legal judgment with regard to the circumstances or objectives of a person.

Same

(6) Without limiting the generality of subsection (5), a person provides legal services if the person does any of the following:

1. Gives a person advice with respect to the legal interests, rights or responsibilities of the person or of another person.

2. Selects, drafts, completes or revises, on behalf of a person,

i. a document that affects a person’s interests in or rights to or in real or personal property,

ii. a testamentary document, trust document, power of attorney or other document that relates to the estate of a person or the guardianship of a person,

iii. a document that relates to the structure of a sole proprietorship, corporation, partnership or other entity, such as a document that relates to the formation, organization, reorganization, registration, dissolution or winding-up of the entity,

iv. a document that relates to a matter under the Bankruptcy and Insolvency Act (Canada),

v. a document that relates to the custody of or access to children,

vi. a document that affects the legal interests, rights or responsibilities of a person, other than the legal interests, rights or responsibilities referred to in subparagraphs i to v, or

vii. a document for use in a proceeding before an adjudicative body.

3. Represents a person in a proceeding before an adjudicative body.

4. Negotiates the legal interests, rights or responsibilities of a person.

Representation in a proceeding

(7) Without limiting the generality of paragraph 3 of subsection (6), doing any of the following shall be considered to be representing a person in a proceeding:

1. Determining what documents to serve or file in relation to the proceeding, determining on or with whom to serve or file a document, or determining when, where or how to serve or file a document.

2. Conducting an examination for discovery.

3. Engaging in any other conduct necessary to the conduct of the proceeding.

Not practising law or providing legal services

(8) For the purposes of this Act, the following persons shall be deemed not to be practising law or providing legal services:

1. A person who is acting in the normal course of carrying on a profession or occupation governed by another Act of the Legislature, or an Act of Parliament, that regulates specifically the activities of persons engaged in that profession or occupation.

2. An employee or officer of a corporation who selects, drafts, completes or revises a document for the use of the corporation or to which the corporation is a party.

3. An individual who is acting on his or her own behalf, whether in relation to a document, a proceeding or otherwise.

4. An employee or a volunteer representative of a trade union who is acting on behalf of the union or a member of the union in connection with a grievance, a labour negotiation, an arbitration proceeding or a proceeding before an administrative tribunal.

5. A person or a member of a class of persons prescribed by the by-laws, in the circumstances prescribed by the by-laws.

Terms, conditions, etc.

(9) For the purposes of this Act, a term, condition, limitation or restriction shall be considered to be imposed on a licensee, regardless of whether it is imposed on the licensee or on the licensee’s licence and regardless of whether it is imposed by the by-laws on all licences of the class held by the licensee or is imposed on the particular licensee or on his or her licence by an order made under this Act.

Internal references

(10) A reference in this Act to something done or omitted to be done under this Act, a Part of this Act or a provision of this Act shall be interpreted as referring to the Act, the Part or the provision, as it read on the day the thing was done or omitted to be done.

3. The Act is amended by adding the following section:

Transition

Definitions

1.1 (1) In this section,

“amendment day” means the day subsection 2 (6) of Schedule C to the Access to Justice Act, 2006 comes into force; (“jour de la modification”)

“member” means a member as defined in section 1, as it reads immediately before the amendment day, and “membership” has a corresponding meaning. (“membre”, “qualité de membre”)

Members deemed licensees

(2) Every person who is a member immediately before the amendment day shall be deemed to become, on the amendment day, a person licensed to practise law in Ontario as a barrister and solicitor and to hold the class of licence determined under the by-laws.

Abeyance

(3) If a person’s membership in the Society is in abeyance under section 31 immediately before the amendment day, the person’s licence shall be deemed to be in abeyance under section 31 on the amendment day.

Admission application deemed licence application

(4) If, immediately before the amendment day, an application for admission to the Society as a member under section 27 has not yet been accepted or refused, the application shall be deemed to become, on the amendment day, an application for a licence to practise law in Ontario as a barrister and solicitor.

Resignation application deemed surrender application

(5) If, immediately before the amendment day, an application by a person under subsection 30 (1) to resign his or her membership in the Society has not yet been accepted or refused, the application shall be deemed to become, on the amendment day, an application by the person under subsection 30 (1) to surrender his or her licence.

Readmission application deemed licence application

(6) If, immediately before the amendment day, the Hearing Panel has not yet made a decision under subsection 30 (3) or 49.42 (4) respecting an application for readmission as a member, the application shall be deemed to become, on the amendment day, an application to the Society for a new licence to practise law in Ontario as a barrister and solicitor.

Application to restore membership deemed application to restore licence

(7) If, immediately before the amendment day, an application by a person under subsection 31 (2) to have his or her membership in the Society restored has not yet been accepted or refused, the application shall be deemed to become, on the amendment day, an application by the person under subsection 31 (2) to have his or her licence restored.

Order imposing term, condition, etc.

(8) If an order imposing a term, condition, limitation or restriction on a person’s rights and privileges as a member is in effect immediately before the amendment day, the order shall be deemed to become, on the amendment day, an order imposing the same term, condition, limitation or restriction on the person’s licence.

Order suspending rights and privileges deemed order suspending licence

(9) If an order suspending a person’s rights and privileges as a member is in effect immediately before the amendment day, the order shall be deemed to become, on the amendment day, an order suspending the person’s licence.

Prohibition order

(10) If an order under section 50.2 prohibiting a person from contravening section 50 is in effect immediately before the amendment day, the order shall be deemed to become, on the amendment day, an order under clause 26.3 (1) (a) prohibiting the person from contravening subsection 26.1 (1) or (2), as the case may be.

Termination of orders for failure to use legal skills

(11) Every order under section 49.1 that is in effect immediately before the day section 42 of Schedule C to the Access to Justice Act, 2006 comes into force is terminated on that day.

Licence deemed permit

(12) Any of the following licences that is in effect immediately before the amendment day shall be deemed to become, on the amendment day, a permit authorizing the holder to do the same things that were authorized by the licence:

1. A licence authorizing a limited liability partnership to practise law.

2. A licence authorizing a person to give legal advice respecting the law of a jurisdiction outside Canada.

3. A licence authorizing a partnership, corporation or other organization to engage in a practice of law whereby it maintains one or more offices outside Ontario and one or more offices in Ontario.

4. A licence authorizing a person, partnership, corporation or other organization to practise another profession in addition to practising law.

4. The Act is amended by adding the following heading immediately after section 1.1:

PART I

5. Subsection 2 (2) of the Act is repealed and the following substituted:

Status

(2) The Society is a corporation without share capital and its members at a point in time are,

(a) the person who is the Treasurer at that time;

(b) the persons who are benchers at that time;

(d) the persons who are at that time licensed to provide legal services in Ontario, who shall be referred to as paralegal members.

6. Section 3 of the Act is amended by adding “of the Society” after “members”.

7. The Act is amended by adding the following sections:

Function of the Society

4.1 It is a function of the Society to ensure that,

(a) all persons who practise law in Ontario or provide legal services in Ontario meet standards of learning, professional competence and professional conduct that are appropriate for the legal services they provide; and

(b) the standards of learning, professional competence and professional conduct for the provision of a particular legal service in a particular area of law apply equally to persons who practise law in Ontario and persons who provide legal services in Ontario.

Principles to be applied by the Society

4.2 In carrying out its functions, duties and powers under this Act, the Society shall have regard to the following principles:

1. The Society has a duty to maintain and advance the cause of justice and the rule of law.

2. The Society has a duty to act so as to facilitate access to justice for the people of Ontario.

3. The Society has a duty to protect the public interest.

4. The Society has a duty to act in a timely, open and efficient manner.

5. Standards of learning, professional competence and professional conduct for licensees and restrictions on who may provide particular legal services should be proportionate to the significance of the regulatory objectives sought to be realized.

8. Subsection 5 (4) of the Act is amended by striking out “members” and substituting “licensees”.

9. Subsection 6 (1) of the Act is repealed and the following substituted:

Application of Corporations Act

(1) Section 84, subsections 129 (2) and (3) and section 317 of the Corporations Act do not apply to the Society.

10. Subsection 8 (2) of the Act is repealed.

11. Section 10 of the Act is repealed and the following substituted:

Government of the Society

10. The benchers shall govern the affairs of the Society.

12. (1) Subsection 12 (1) of the Act is amended by striking out “members” in the portion before paragraph 1 and substituting “licensees”.

(2) Subsection 12 (2) of the Act is amended by striking out “whether or not they are members” in the portion before paragraph 1.

(3) Subsections 12 (3) and (7) of the Act are repealed and the following substituted:

Same

(3) Subsections (1) and (2) do not apply to a person whose licence is in abeyance under section 31.

. . . . .

Same

(7) If a bencher licensed to practise law in Ontario as a barrister and solicitor chooses under subsection (6) to continue in office as an elected bencher, he or she is eligible to be re-elected under subsection 15 (1), without prejudice to his or her right to become a bencher under subsection (1) or (2) at any time so long as he or she is still an elected bencher.

Same

(8) If a bencher licensed to provide legal services in Ontario chooses under subsection (6) to continue in office as an elected bencher, he or she is eligible to be re-elected under subsection 16 (1), without prejudice to his or her right to become a bencher under subsection (1) or (2) at any time so long as he or she is still an elected bencher.

13. Subsection 13 (1) of the Act is amended by striking out “having to do with the legal profession in any way” and substituting “having to do in any way with the practice of law in Ontario or the provision of legal services in Ontario”.

14. Section 14 of the Act is amended by striking out “member” and substituting “licensee”.

15. Section 15 of the Act is repealed and the following substituted:

Benchers licensed to practise law

15. (1) Forty persons who are licensed to practise law in Ontario as barristers and solicitors shall be elected as benchers in accordance with the by-laws.

Regions

(2) The benchers elected under subsection (1) shall be elected for regions prescribed by the by-laws.

Vacancies

(3) Any vacancies in the offices of benchers who are licensed to practise law in Ontario as barristers and solicitors may be filled in accordance with the by-laws.

Ceasing to be bencher

(4) A person who is elected as a bencher under subsection (1) or who holds the office of elected bencher under subsection (3) ceases to be a bencher if the person ceases to be licensed to practise law in Ontario as a barrister and solicitor.

16. The Act is amended by adding the following section:

Benchers licensed to provide legal services

16. (1) Two persons who are licensed to provide legal services in Ontario shall be elected as benchers in accordance with the by-laws.

Regions

(2) If the by-laws so require, the benchers elected under subsection (1) shall be elected for regions prescribed by the by-laws.

Vacancies

(3) Any vacancies in the offices of benchers who are licensed to provide legal services in Ontario may be filled in accordance with the by-laws.

Ceasing to be bencher

First election

(5) The first election of benchers under subsection (1) shall take place on the day prescribed by the by-laws.

Interim benchers

(6) Until the first election of benchers under subsection (1) takes place, their offices shall be filled by two persons appointed by the Attorney General for Ontario from among the five persons appointed to the Paralegal Standing Committee under clause 25.2 (2) (a).

Same

(7) The benchers who hold office under subsection (6) at the time of the first election of the five persons referred to in clause 25.1 (3) (a) to the Paralegal Standing Committee continue to hold office under subsection (6) until the first election of benchers under subsection (1) takes place.

17. (1) Subsection 23 (1) of the Act is repealed and the following substituted:

Lay benchers

(1) The Lieutenant Governor in Council may appoint eight persons who are not licensees as benchers.

(2) Subsection 23 (2) of the Act is repealed and the following substituted:

Term of office

(2) Every appointment under subsection (1) expires immediately before the first regular Convocation following the first election of benchers under subsection 15 (1) that takes place after the effective date of the appointment.

(3) Section 23 of the Act is amended by adding the following subsection:

Termination of appointment

(5) A person’s appointment under this section is terminated if the person becomes a licensee.

18. Subsection 25 (3) of the Act is repealed and the following substituted:

Re-election as Treasurer

(3) The Treasurer is eligible for re-election as Treasurer, despite having ceased to hold office as an elected bencher, but,

(a) after a new election of benchers takes place under subsection 15 (1), a Treasurer who is a person licensed to practise law in Ontario may be re-elected as Treasurer only if he or she was elected as a bencher in that election; and

(b) after a new election of benchers takes place under subsection 16 (1), a Treasurer who is a person licensed to provide legal services in Ontario may be re-elected as Treasurer only if he or she was elected as