33.1 (1) Any person may make a complaint alleging misconduct by a deputy judge, by writing to the judge of the Superior Court of Justice designated by the regional senior judge in the region where the deputy judge sits.  1994, c. 12, s. 13; 1996, c. 25, s. 9 (17). Dismissal (2) The judge shall review the complaint and may dismiss it without further investigation if, in his or her opinion, it falls outside the jurisdiction of the regional senior judge, is frivolous or an abuse of process, or concerns a minor matter to which an appropriate response has already been given. 1994, c. 12, s. 13. Notice of dismissal (3) The judge shall notify the regional senior judge, the complainant and the deputy judge in writing of a dismissal under subsection (2), giving brief reasons for it. 1994, c. 12, s. 13. Committee (4) If the complaint is not dismissed, the judge shall refer it to a committee consisting of three persons chosen by the regional senior judge.  1994, c. 12, s. 13. Same (5) The three persons shall be a judge of the Superior Court of Justice, a deputy judge and a person who is neither a judge nor a lawyer, all of whom reside or work in the region where the deputy judge who is the subject of the complaint sits.  1994, c. 12, s. 13; 1996, c. 25, s. 9 (17). Investigation (6) The committee shall investigate the complaint in the manner it considers appropriate, and the complainant and deputy judge shall be given an opportunity to make representations to the committee, in writing or, at the committee’s option, orally. 1994, c. 12, s. 13. Recommendation (7) The committee shall make a report to the regional senior judge, recommending a disposition in accordance with subsections (8), (9) and (10). 1994, c. 12, s. 13. Disposition (8) The regional senior judge may dismiss the complaint, with or without a finding that it is unfounded, or, if he or she concludes that the deputy judge’s conduct presents grounds for imposing a sanction, may, (a)  warn the deputy judge; (b)  reprimand the deputy judge; (c)  order the deputy judge to apologize to the complainant or to any other person; (d)  order that the deputy judge take specified measures, such as receiving education or treatment, as a condition of continuing to sit as a deputy judge; (e)  suspend the deputy judge for a period of up to 30 days; (f)  inform the deputy judge that his or her appointment will not be renewed under subsection 32 (2); (g)  direct that no judicial duties or only specified judicial duties be assigned to the deputy judge; or (h)  remove the deputy judge from office. 1994, c. 12, s. 13. Same (9) The regional senior judge may adopt any combination of the dispositions set out in clauses (8) (a) to (g). 1994, c. 12, s. 13. Disability (10) If the regional senior judge finds that the deputy 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 regional senior judge shall order that the deputy judge’s needs be accommodated to the extent necessary to enable him or her to perform those duties. 1994, c. 12, s. 13. Application of subs. (10) (11) Subsection (10) applies if, (a)  the effect of the disability on the deputy judge’s performance of the essential duties of the office was a factor in the complaint; and (b)  the regional senior judge dismisses the complaint or makes a disposition under clauses (8) (a), (b), (c), (d), (e) or (g). 1994, c. 12, s. 13. Undue hardship (12) Subsection (10) does not apply if the regional senior judge 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. 13. Opportunity to participate (13) The regional senior judge shall not make an order under subsection (10) against a person without ensuring that the person has had an opportunity to participate and make submissions. 1994, c. 12, s. 13. Crown bound (14) An order made under subsection (10) binds the Crown. 1994, c. 12, s. 13. Compensation (15) The regional senior judge shall consider whether the deputy judge should be compensated for all or part of his or her costs for legal services incurred in connection with all the steps taken under this section in relation to the complaint. 1994, c. 12, s. 13. Recommendation (16) If the regional senior judge is of the opinion that the deputy judge should be compensated, he or she shall make a recommendation to the Attorney General to that effect, indicating the amount of compensation. 1994, c. 12, s. 13. Same (17) If the complaint is dismissed with a finding that it is unfounded, the regional senior judge shall recommend to the Attorney General that the deputy judge be compensated for his or her costs for legal services and shall indicate the amount of compensation. 1994, c. 12, s. 13. Exception (17.1) If the regional senior judge makes a disposition under clause (8) (h) in relation to a complaint made on or after the day section 1 of Schedule 5 to the Smarter and Stronger Justice Act, 2020
comes into force, subsection (15) does not apply and compensation shall not be recommended under subsection (16). 2020, c. 11, Sched. 5, s. 1. Maximum (18) The amount of compensation recommended under subsection (16) or (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 legal services. 1994, c. 12, s. 13. Payment (19) The Attorney General shall pay compensation to the judge in accordance with the recommendation. 1994, c. 12, s. 13. Non-application of SPPA (20) The Statutory Powers Procedure Act
does not apply to a judge, regional senior judge or member of a committee acting under this section. 1994, c. 12, s. 13. Personal liability (21) No action or other proceeding for damages shall be instituted against a judge, regional senior 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.  1994, c. 12, s. 13; 2017, c. 2, Sched. 2, s. 5. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 13 - 28/02/1995; 1996, c. 25, s. 9 (17) - 19/04/1999 2017, c. 2, Sched. 2, s. 5 - 22/03/2017 2020, c. 11, Sched. 5, s. 1 - 08/07/2020 Ontario Court of Justice