11 (1) As soon as possible after receiving a complaint about the conduct of a justice of the peace, the Review Council shall establish a complaints committee and the complaints committee shall investigate the complaint and dispose of the matter as provided in subsection (15).  2006, c. 21, Sched. B, s. 10. Composition (2) A complaints committee shall be composed of, (a)  a judge who shall chair the complaints committee; (b)  a justice of the peace; and (c)  a member who is neither a judge nor a justice of the peace.  2006, c. 21, Sched. B, s. 10. Timely reporting to complainant (3) The complaints committee shall report in a timely manner to the complainant that it has received the complaint and it shall report in a timely manner to the complainant on its disposition of the matter.  2006, c. 21, Sched. B, s. 10. Disqualification (4) The members of a complaints committee who investigate a complaint shall not participate in a hearing in respect of the complaint.  2006, c. 21, Sched. B, s. 10. Rotation of members (5) The eligible members of the Review Council shall all serve on complaints committees on a rotating basis.  2006, c. 21, Sched. B, s. 10. Quorum (6) All the members of a complaints committee constitute a quorum.  2006, c. 21, Sched. B, s. 10. Investigation (7) The complaints committee shall conduct such investigation as it considers appropriate.  2006, c. 21, Sched. B, s. 10. Investigation private (8) The investigation shall be conducted in private.  2006, c. 21, Sched. B, s. 10. Powers of complaints committee (9) Section 4.2, subsections 12 (1) to (3.1) and sections 13, 14, 15 and 22 of the Statutory Powers Procedure Act apply to the activities of a complaints committee.  2006, c. 21, Sched. B, s. 10. Rules of procedure (10) The rules of procedure established under subsection 10 (1) apply to the activities of a complaints committee.  2006, c. 21, Sched. B, s. 10. Interim recommendations (11) The complaints committee may recommend to a regional senior judge that, until the final disposition of a complaint, (a)  the justice of the peace who is the subject of a complaint not be assigned work; or (b)  the justice of the peace who is the subject of a complaint be reassigned to another location.  2006, c. 21, Sched. B, s. 10. Same (12) The recommendation shall be made to the regional senior judge appointed for the region to which the justice of the peace is assigned and the regional senior judge may, (a)  decide to not assign work to the justice of the peace until the final disposition of the complaint but he or she shall continue to be paid; or (b)  with the consent of the justice of the peace, reassign him or her to another location until the final disposition of the complaint.  2006, c. 21, Sched. B, s. 10. Exception: certain complaints (13) If the complaint is against a justice of the peace or regional senior justice of the peace who is a member of the Review Council, any recommendation under subsection (11) in connection with the complaint shall be made to the Chief Justice of the Ontario Court of Justice, who may, (a)  decide to not assign work to the justice of the peace or regional senior justice of the peace until the final disposition of the complaint but he or she shall continue to be paid; or (b)  with the consent of the justice of the peace or regional senior justice of the peace, reassign him or her to another location until the final disposition of the complaint.  2006, c. 21, Sched. B, s. 10. Same (14) A justice of the peace or regional senior justice of the peace who is a member of the Review Council and who is the subject of a complaint shall not be a member of any complaints committee or hearing panel until the final disposition of the complaint.  2006, c. 21, Sched. B, s. 10. Complaints committee’s decision (15) When its investigation is complete, the complaints committee shall, (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; (c)  order that a formal hearing into the complaint be held by a hearing panel; or (d)  refer the complaint to the Chief Justice of the Ontario Court of Justice.  2006, c. 21, Sched. B, s. 10. Compensation (16) The complaints committee may recommend that the justice of the peace be compensated for all or part of the cost of legal services incurred in connection with the investigation.  2006, c. 21, Sched. B, s. 10. Exception (16.1) Subsection (16) does not apply if the complaints committee orders a formal hearing. 2020, c. 11, Sched. 12, s. 1. Maximum (17) The amount of compensation recommended under subsection (16) shall be based on a rate for legal services that does not exceed the maximum rate normally paid by the Government of Ontario for similar services.  2006, c. 21, Sched. B, s. 10. Report (18) The complaints committee shall report to the Review Council on its decision and, except where it orders a formal hearing, it shall not identify the complainant or the justice of the peace who is the subject of the complaint in the report.  2006, c. 21, Sched. B, s. 10. Frivolous complaints, etc. (19) Without restricting the powers of a complaints committee under clause (15) (a), a complaints committee may dismiss a complaint at any time if it is of the opinion that the complaint is frivolous, an abuse of process or outside the jurisdiction of the complaints committee.  2006, c. 21, Sched. B, s. 10. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 52 - 1/09/1995 2002, c. 18, Sched. A, s. 11 (12) - 26/11/2002 2006, c. 21, Sched. B, s. 10 - 01/01/2007 2020, c. 11, Sched. 12, s. 1 - 08/07/2020 Hearings