51.4 (1) A complaint received by the Judicial Council shall be reviewed by a subcommittee of the Council consisting of a provincial judge other than the Chief Justice and a person who is neither a judge nor a lawyer.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Rotation of members (2) The eligible members of the Judicial Council shall all serve on the subcommittee on a rotating basis. Dismissal (3) The subcommittee shall dismiss the complaint without further investigation if, in the subcommittee’s opinion, it falls outside the Judicial Council’s jurisdiction or is frivolous or an abuse of process. Investigation (4) If the complaint is not dismissed under subsection (3), the subcommittee shall conduct such investigation as it considers appropriate. Expert assistance (5) The subcommittee may engage persons, including counsel, to assist it in its investigation. Investigation private (6) The investigation shall be conducted in private. Non-application of SPPA (7) The Statutory Powers Procedure Act does not apply to the subcommittee’s activities. Interim recommendations (8) The subcommittee may recommend to a regional senior judge the suspension, with pay, of the judge who is the subject of the complaint, or the judge’s reassignment to a different location, until the complaint is finally disposed of. Same (9) The recommendation shall be made to the regional senior judge appointed for the region to which the judge is assigned, unless that regional senior judge is a member of the Judicial Council, in which case the recommendation shall be made to another regional senior judge. Power of regional senior judge (10) The regional senior judge may suspend or reassign the judge as the subcommittee recommends.  1994, c. 12, s. 16. Discretion (11) The regional senior judge’s discretion to accept or reject the subcommittee’s recommendation is not subject to the direction and supervision of the Chief Justice.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Exception: complaints against certain judges (12) If the complaint is against the Chief Justice of the Ontario Court of Justice, an associate chief justice of the Ontario Court of Justice or the regional senior judge who is a member of the Judicial Council, any recommendation under subsection (8) in connection with the complaint shall be made to the Chief Justice of the Superior Court of Justice, who may suspend or reassign the judge as the subcommittee recommends.  1996, c. 25, s. 9 (7). Subcommittee’s decision (13) When its investigation is complete, the subcommittee shall, (a)  dismiss the complaint; (b)  refer the complaint to the Chief Justice; (c)  refer the complaint to a mediator in accordance with section 51.5; or (d)  refer the complaint to the Judicial Council, with or without recommending that it hold a hearing under section 51.6.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Same (14) The subcommittee may dismiss the complaint or refer it to the Chief Justice or to a mediator only if both members agree; otherwise, the complaint shall be referred to the Judicial Council.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Conditions, reference to Chief Justice (15) The subcommittee may, if the judge who is the subject of the complaint agrees, impose conditions on a decision to refer the complaint to the Chief Justice.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Report (16) The subcommittee shall report to the Judicial Council, without identifying the complainant or the judge who is the subject of the complaint, its disposition of any complaint that is dismissed or referred to the Chief Justice or to a mediator.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Power of Judicial Council (17) The Judicial Council shall consider the report, in private, and may approve the subcommittee’s disposition or may require the subcommittee to refer the complaint to the Council.  1994, c. 12, s. 16. Same (18) The Judicial Council shall consider, in private, every complaint referred to it by the subcommittee, and may, (a)  hold a hearing under section 51.6; (b)  dismiss the complaint; (c)  refer the complaint to the Chief Justice, with or without imposing conditions as referred to in subsection (15); or (d)  refer the complaint to a mediator in accordance with section 51.5.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Non-application of SPPA (19) The Statutory Powers Procedure Act
does not apply to the Judicial Council’s activities under subsections (17) and (18). Notice to judge and complainant (20) After making its decision under subsection (17) or (18), the Judicial Council shall communicate it to the judge and the complainant, giving brief reasons in the case of a dismissal. Guidelines and rules of procedure (21) In conducting investigations, in making recommendations under subsection (8) and in making decisions under subsections (13) and (15), the subcommittee shall follow the Judicial Council’s guidelines and rules of procedure established under subsection 51.1 (1). Same (22) In considering reports and complaints and making decisions under subsections (17) and (18), the Judicial Council shall follow its guidelines and rules of procedure established under subsection 51.1 (1).  1994, c. 12, s. 16. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 16 - 28/02/1995; 1996, c. 25, s. 9 (7, 20) - 19/04/1999