86.2 (1) Any person may make a complaint alleging misconduct by an associate judge, by writing to the Chief Justice of the Superior Court of Justice.  1996, c. 25, ss. 1 (18), 9 (14); 2021, c. 4, Sched. 3, s. 12 (1). Dismissal (2) The Chief Justice shall review the complaint and may dismiss it without further investigation if, in his or her opinion, it is frivolous or an abuse of process, or concerns a minor matter to which an appropriate response has already been given.  1996, c. 25, s. 1 (18). Notice of dismissal (3) The Chief Justice shall notify the complainant and the associate judge in writing of a dismissal under subsection (2), giving brief reasons for it.  1996, c. 25, s. 1 (18); 2021, c. 4, Sched. 3, s. 12 (2). Committee (4) If the complaint is not dismissed, the Chief Justice shall refer it to a committee consisting of three persons chosen by him or her.  1996, c. 25, s. 1 (18). Same (5) The three persons shall be a judge of the Superior Court of Justice, an associate judge and a person who is neither a judge nor a lawyer.  1996, c. 25, ss. 1 (18), 9 (17); 2021, c. 4, Sched. 3, s. 12 (3). Investigation (6) The committee shall investigate the complaint in the manner it considers appropriate, and the complainant and the associate judge shall be given an opportunity to make representations to the committee, in writing or, at the committee’s option, orally.  1996, c. 25, s. 1 (18); 2021, c. 4, Sched. 3, s. 12 (4). Recommendation (7) The committee shall make a report to the Chief Justice, recommending a disposition in accordance with subsections (8), (9) and (10).  1996, c. 25, s. 1 (18). Disposition (8) The Chief Justice may dismiss the complaint, with or without a finding that it is unfounded, or, if he or she concludes that the associate judge’s conduct presents grounds for imposing a sanction, may, (a)  warn the associate judge; (b)  reprimand the associate judge; (c)  order the associate judge to apologize to the complainant or to any other person; (d)  order that the associate judge take specified measures, such as receiving education or treatment, as a condition of continuing to sit as an associate judge; (e)  suspend the associate judge for a period of up to 30 days; (f)  direct that no judicial duties or only specified judicial duties be assigned to the associate judge; or (g)  remove the associate judge from office.  1996, c. 25, s. 1 (18); 2021, c. 4, Sched. 3, s. 12 (5-8). Same (9) The Chief Justice may adopt any combination of the dispositions set out in clauses (8) (a) to (f).  1996, c. 25, s. 1 (18). Appeal (9.1) The Chief Justice’s decision may be appealed to the Court of Appeal, (a)  by the associate judge, as of right; or (b)  by the complainant, with leave of the Court of Appeal.  2002, c. 18, Sched. A, s. 4 (3); 2021, c. 4, Sched. 3, s. 12 (9). Parties (9.2) The associate judge and the complainant are parties to any appeal and the Attorney General is the respondent.  2002, c. 18, Sched. A, s. 4 (3); 2021, c. 4, Sched. 3, s. 12 (9). Power of Court of Appeal (9.3) The Court of Appeal may substitute its opinion for that of the Chief Justice on all questions of fact and law.  2002, c. 18, Sched. A, s. 4 (3). Time for appeal (9.4) The notice of appeal or motion for leave to appeal shall be filed within 30 days after the date of the Chief Justice’s decision.  2002, c. 18, Sched. A, s. 4 (3). Stay (9.5) On the filing of a notice of appeal, the imposition of any sanction is stayed until the final disposition of the appeal.  2002, c. 18, Sched. A, s. 4 (3). Compensation (10) The Chief Justice shall consider whether the associate judge should be compensated for all or part of his or her costs for legal services incurred in connection with the steps taken under this section in relation to the complaint.  1996, c. 25, s. 1 (18); 2021, c. 4, Sched. 3, s. 12 (9). Recommendation (11) If the Chief Justice is of the opinion that the associate judge should be compensated, he or she shall make a recommendation to the Attorney General to that effect, indicating the amount of compensation.  1996, c. 25, s. 1 (18); 2021, c. 4, Sched. 3, s. 12 (9). Same (12) If the complaint is dismissed with a finding that it is unfounded, the Chief Justice shall recommend to the Attorney General that the associate judge be compensated for his or her costs for legal services and shall indicate the amount of compensation.  1996, c. 25, s. 1 (18); 2021, c. 4, Sched. 3, s. 12 (9). Exception (12.0.1) If the Chief Justice makes a disposition under clause (8) (g) in relation to a complaint made on or after the day section 7 of Schedule 5 to the Smarter and Stronger Justice Act, 2020 comes into force, subsection (10) does not apply and compensation shall not be recommended under subsection (11). 2020, c. 11, Sched. 5, s. 7. Compensation (12.1) When there is an appeal or motion for leave to appeal under subsection (9.1), the Court of Appeal shall consider whether the associate judge should be compensated for all or part of his or her costs for legal services incurred in connection with the appeal or motion.  2002, c. 18, Sched. A, s. 4 (4); 2021, c. 4, Sched. 3, s. 12 (9). Recommendation (12.2) If the Court of Appeal is of the opinion that the associate judge should be compensated, it shall make a recommendation to the Attorney General to that effect, indicating the amount of compensation.  2002, c. 18, Sched. A, s. 4 (4); 2021, c. 4, Sched. 3, s. 12 (9). Same (12.3) If a complainant’s motion for leave to appeal is dismissed, the Court of Appeal shall recommend to the Attorney General that the associate judge be compensated for his or her costs for legal services and shall indicate the amount of compensation.  2002, c. 18, Sched. A, s. 4 (4); 2021, c. 4, Sched. 3, s. 12 (9). Removal from office upheld (12.4) If the Court of Appeal upholds a disposition of the Chief Justice made under clause (8) (g) in relation to a complaint made on or after the day section 7 of Schedule 5 to the Smarter and Stronger Justice Act, 2020 comes into force, subsection (12.1) does not apply and compensation shall not be recommended under subsection (12.2). 2020, c. 11, Sched. 5, s. 7. Removal from office not upheld (12.5) If the Court of Appeal does not uphold a disposition of the Chief Justice made under clause (8) (g) in relation to a complaint made on or after the day section 7 of Schedule 5 to the Smarter and Stronger Justice Act, 2020 comes into force, the Court shall, under subsection (12.1), also consider whether the associate judge should be compensated for all or part of his or her costs for legal services incurred in connection with the steps taken under this section in relation to the complaint. 2020, c. 11, Sched. 5, s. 7; 2021, c. 4, Sched. 3, s. 12 (9). Maximum (13) The amount of compensation recommended under subsection (11), (12), (12.2) or (12.3) 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 legal services.  1996, c. 25, s. 1 (18); 2002, c. 18, Sched. A, s. 4 (5). Payment (14) The Attorney General shall pay compensation to the associate judge in accordance with the recommendation.  1996, c. 25, s. 1 (18); 2021, c. 4, Sched. 3, s. 12 (9). Confidential records (15) The committee may order that any information or documents relating to a complaint that was not dealt with in a manner that was open to the public are confidential and shall not be disclosed or made public.  1996, c. 25, s. 1 (18). Same (16) Subsection (15) applies whether the information or documents are in the possession of the committee, the Chief Justice, the Attorney General or any other person.  1996, c. 25, s. 1 (18). Limitation (17) Subsection (15) applies only to information and documents that have been treated as confidential or were prepared exclusively for the committee, or for submission to the committee, in relation to its investigation.  1996, c. 25, s. 1 (18). Non-application of SPPA (18) The Statutory Powers Procedure Act
does not apply to a judge, associate judge or member of a committee acting under this section.  1996, c. 25, s. 1 (18); 2021, c. 4, Sched. 3, s. 12 (9). Personal liability (19) No action or other proceeding for damages shall be instituted against a judge, associate judge or member of a committee for any act done in good faith in the execution or intended execution of any power or duty of the person, or for any neglect or default in the exercise or performance in good faith of such power or duty.  1996, c. 25, s. 1 (18); 2017, c. 2, Sched. 2, s. 17; 2021, c. 4, Sched. 3, s. 12 (9). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 1 (18) - 31/10/1996; 1996, c. 25, s. 9 (14, 17) - 19/04/1999 2002, c. 18, Sched. A, s. 4 (3-5) - 26/11/2002 2017, c. 2, Sched. 2, s. 17 - 22/03/2017 2020, c. 11, Sched. 5, s. 7 - 08/07/2020 2021, c. 4, Sched. 3, s. 12 (1-9) - 01/09/2021 87 Repealed: 2020, c. 11, Sched. 5, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 34 - 28/02/1995 1996, c. 25, s. 9 (14, 17, 18, 20) - 19/04/1999 2020, c. 11, Sched. 5, s. 8 - 08/01/2021 87.1 Repealed: 2023, c. 2, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 35 - 28/02/1995 1996, c. 25, s. 9 (14, 17, 18, 20) - 19/04/1999 2023, c. 2, Sched. 2, s. 3 - 22/03/2023