51.6 (1) When the Judicial Council decides to hold a hearing, it shall do so in accordance with this section.  1994, c. 12, s. 16. Application of SPPA (2) The Statutory Powers Procedure Act, except section 4 and subsection 9 (1), applies to the hearing.  1994, c. 12, s. 16. Rules of procedure (3) The Judicial Council’s rules of procedure established under subsection 51.1 (1) apply to the hearing.  1994, c. 12, s. 16. Communication re subject-matter of hearing (4) The members of the Judicial Council participating in the hearing shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person, unless all the parties and the persons representing the parties under the authority of the Law Society Act receive notice and have an opportunity to participate.  2006, c. 21, Sched. C, s. 105 (3). Exception (5) Subsection (4) does not preclude the Judicial Council from engaging counsel to assist it in accordance with subsection 49 (21), and in that case the nature of the advice given by counsel shall be communicated to the parties so that they may make submissions as to the law.  1994, c. 12, s. 16. Parties (6) The Judicial Council shall determine who are the parties to the hearing.  1994, c. 12, s. 16. Exception, closed hearing (7) In exceptional circumstances, if the Judicial Council determines, in accordance with the criteria established under subsection 51.1 (1), that the desirability of holding open hearings is outweighed by the desirability of maintaining confidentiality, it may hold all or part of the hearing in private.  1994, c. 12, s. 16. Disclosure in exceptional circumstances (8) If the hearing was held in private, the Judicial Council shall, unless it determines in accordance with the criteria established under subsection 51.1 (1) that there are exceptional circumstances, order that the judge’s name not be disclosed or made public.  1994, c. 12, s. 16. Orders prohibiting publication (9) If the complaint involves allegations of sexual misconduct or sexual harassment, the Judicial Council shall, at the request of a complainant or of another witness who testifies to having been the victim of similar conduct by the judge, prohibit the publication of information that might identify the complainant or witness, as the case may be.  1994, c. 12, s. 16. Publication ban (10) In exceptional circumstances and in accordance with the criteria established under subsection 51.1 (1), the Judicial Council may make an order prohibiting, pending the disposition of a complaint, the publication of information that might identify the judge who is the subject of the complaint.  1994, c. 12, s. 16. Dispositions (11) After completing the hearing, the Judicial Council may dismiss the complaint, with or without a finding that it is unfounded or, if it finds that there has been misconduct by the judge, may, (a)  warn the judge; (b)  reprimand the judge; (c)  order the judge to apologize to the complainant or to any other person; (d)  order that the judge take specified measures, such as receiving education or treatment, as a condition of continuing to sit as a judge; (e)  suspend the judge with pay, for any period; (f)  suspend the judge without pay, but with benefits, for a period up to thirty days; or (g)  recommend to the Attorney General that the judge be removed from office in accordance with section 51.8.  1994, c. 12, s. 16. Same (12) The Judicial Council may adopt any combination of the dispositions set out in clauses (11) (a) to (f).  1994, c. 12, s. 16. Disability (13) If the Judicial Council finds that the judge 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, the Council shall order that the judge’s needs be accommodated to the extent necessary to enable him or her to perform those duties.  1994, c. 12, s. 16. Application of subs. (13) (14) Subsection (13) applies if, (a)  the effect of the disability on the judge’s performance of the essential duties of the office was a factor in the complaint; and (b)  the Judicial Council dismisses the complaint or makes a disposition under clauses (11) (a) to (f).  1994, c. 12, s. 16. Undue hardship (15) Subsection (13) does not apply if the Judicial Council is satisfied that making an order would impose undue hardship on the person responsible for accommodating the judge’s needs, considering the cost, outside sources of funding, if any, and health and safety requirements, if any.  1994, c. 12, s. 16. Opportunity to participate (16) The Judicial Council shall not make an order under subsection (13) against a person without ensuring that the person has had an opportunity to participate and make submissions.  1994, c. 12, s. 16. Crown bound (17) An order made under subsection (13) binds the Crown.  1994, c. 12, s. 16. Report to Attorney General (18) The Judicial Council may make a report to the Attorney General about the complaint, investigation, hearing and disposition, subject to any order made under subsection 49 (24), and the Attorney General may make the report public if of the opinion that this would be in the public interest.  1994, c. 12, s. 16. Non-identification of persons (19) The following persons shall not be identified in the report: 1.  A complainant or witness at whose request an order was made under subsection (9). 2.  The judge, if the hearing was conducted in private, unless the Judicial Council orders that the judge’s name be disclosed.  1994, c. 12, s. 16. Continuing publication ban (20) If an order was made under subsection (10) and the Judicial Council dismisses the complaint with a finding that it was unfounded, the judge shall not be identified in the report without his or her consent and the Council shall order that information that relates to the complaint and might identify the judge shall never be made public without his or her consent.  1994, c. 12, s. 16. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 16 - 28/02/1995 2006, c. 21, Sched. C, s. 105 (3) - 01/05/2007