49 (1) The Ontario Judicial Council is continued under the name Ontario Judicial Council in English and Conseil de la magistrature de l’Ontario in French.  1994, c. 12, s. 16. Composition (2) The Judicial Council is composed of, (a)  the Chief Justice of Ontario, or another judge of the Court of Appeal designated by the Chief Justice; (b)  the Chief Justice of the Ontario Court of Justice, or another judge of that court designated by the Chief Justice, and the Associate Chief Justice of the Ontario Court of Justice; (c)  a regional senior judge of the Ontario Court of Justice, appointed by the Lieutenant Governor in Council on the Attorney General’s recommendation; (d)  two judges of the Ontario Court of Justice, appointed by the Chief Justice; (e)  the Treasurer of the Law Society of Ontario, or another bencher of the Law Society who is a lawyer, designated by the Treasurer; (f)  a lawyer who is not a bencher of the Law Society of Ontario, appointed by the Law Society; (g)  four persons who are neither judges nor lawyers, appointed by the Lieutenant Governor in Council on the Attorney General’s recommendation.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (15, 18, 20); 2018, c. 8, Sched. 15, s. 8 (1). Temporary members (3) The Chief Justice of the Ontario Court of Justice may appoint a judge of that court to be a temporary member of the Judicial Council in the place of another provincial judge, for the purposes of dealing with a complaint, if the requirements of subsections (13), (15), (17), (19) and (20) cannot otherwise be met.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (15, 18, 20). Criteria (4) In the appointment of members under clauses (2) (d), (f) and (g), the importance of reflecting, in the composition of the Judicial Council as a whole, Ontario’s linguistic duality and the diversity of its population and ensuring overall gender balance shall be recognized.  1994, c. 12, s. 16. Term of office (5) The regional senior judge who is appointed under clause (2) (c) remains a member of the Judicial Council until he or she ceases to hold office as a regional senior judge.  1994, c. 12, s. 16. Same (6) The members who are appointed under clauses (2) (d), (f) and (g) hold office for four-year terms and shall not be reappointed.  1994, c. 12, s. 16. (7) Repealed: 2017, c. 2, Sched. 2, s. 9 (1). Chair (8) The Chief Justice of Ontario, or another judge of the Court of Appeal designated by the Chief Justice, shall chair the meetings and hearings of the Judicial Council that deal with complaints against particular judges and its meetings held for the purposes of section 45 and subsection 47 (5).  1994, c. 12, s. 16. Same (9) The Chief Justice of the Ontario Court of Justice, or another judge of that court designated by the Chief Justice, shall chair all other meetings and hearings of the Judicial Council.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (15, 18, 20). Same (10) The chair is entitled to vote, and may cast a second deciding vote if there is a tie.  1994, c. 12, s. 16. Open and closed hearings and meetings (11) The Judicial Council’s hearings and meetings under sections 51.6 and 51.7 shall be open to the public, unless subsection 51.6 (7) applies; its other hearings and meetings may be conducted in private, unless this Act provides otherwise.  1994, c. 12, s. 16. Vacancies (12) Where a vacancy occurs among the members appointed under clause (2) (d), (f) or (g), a new member similarly qualified may be appointed for the remainder of the term.  1994, c. 12, s. 16. Quorum (13) The following quorum rules apply, subject to subsections (15) and (17): 1.  Eight members, including the chair, constitute a quorum. 2.  At least half the members present must be judges and at least four must be persons who are not judges.  1994, c. 12, s. 16. Review panels (14) The Judicial Council may establish a panel for the purpose of dealing with a complaint under subsection 51.4 (17) or (18) or subsection 51.5 (8) or (10) and considering the question of compensation under section 51.7, and the panel has all the powers of the Judicial Council for that purpose.  1994, c. 12, s. 16. Same (15) The following rules apply to a panel established under subsection (14): 1.  The panel shall consist of two provincial judges other than the Chief Justice, a lawyer and a person who is neither a judge nor a lawyer. 2.  One of the judges, as designated by the Judicial Council, shall chair the panel. 3.  Four members constitute a quorum.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Hearing panels (16) The Judicial Council may establish a panel for the purpose of holding a hearing under section 51.6 and considering the question of compensation under section 51.7, and the panel has all the powers of the Judicial Council for that purpose.  1994, c. 12, s. 16. Same (17) The following rules apply to a panel established under subsection (16): 1.  Half the members of the panel, including the chair, must be judges, and half must be persons who are not judges. 2.  At least one member must be a person who is neither a judge nor a lawyer. 3.  The Chief Justice of Ontario, or another judge of the Court of Appeal designated by the Chief Justice, shall chair the panel. 4.  Subject to paragraphs 1, 2 and 3, the Judicial Council may determine the size and composition of the panel. 5.  All the members of the panel constitute a quorum.  1994, c. 12, s. 16. Chair (18) The chair of a panel established under subsection (14) or (16) is entitled to vote, and may cast a second deciding vote if there is a tie.  1994, c. 12, s. 16. Participation in stages of process (19) The members of the subcommittee that investigated a complaint shall not, (a)  deal with the complaint under subsection 51.4 (17) or (18) or subsection 51.5 (8) or (10); or (b)  participate in a hearing of the complaint under section 51.6.  1994, c. 12, s. 16. Same (20) The members of the Judicial Council who dealt with a complaint under subsection 51.4 (17) or (18) or subsection 51.5 (8) or (10) shall not participate in a hearing of the complaint under section 51.6.  1994, c. 12, s. 16. Expert assistance (21) The Judicial Council may engage persons, including counsel, to assist it.  1994, c. 12, s. 16. Support services (22) The Judicial Council shall provide support services, including initial orientation and continuing education, to enable its members to participate effectively, devoting particular attention to the needs of the members who are neither judges nor lawyers and administering a part of its budget for support services separately for that purpose.  1994, c. 12, s. 16. Same (23) The Judicial Council shall administer a part of its budget for support services separately for the purpose of accommodating the needs of any members who have disabilities.  1994, c. 12, s. 16. Confidential records (24) The Judicial Council or a subcommittee may order that any information or documents relating to a mediation or a Council meeting or hearing that was not held in public are confidential and shall not be disclosed or made public.  1994, c. 12, s. 16. Same (25) Subsection (24) applies whether the information or documents are in the possession of the Judicial Council, the Attorney General or any other person.  1994, c. 12, s. 16. Exceptions (26) Subsection (24) does not apply to information and documents, (a)  that this Act requires the Judicial Council to disclose; or (b)  that have not been treated as confidential and were not prepared exclusively for the purposes of the mediation or Council meeting or hearing.  1994, c. 12, s. 16. Personal liability (27) No action or other proceeding for damages shall be instituted against the Judicial Council, any of its members or employees or any person acting under its authority for any act done in good faith in the execution or intended execution of any power or duty of the Council or person, or for any neglect or default in the exercise or performance in good faith of such power or duty.  1994, c. 12, s. 16; 2017, c. 2, Sched. 2, s. 9 (2). Remuneration (28) The members who are appointed under clause (2) (g) are entitled to receive the daily remuneration that is fixed by the Lieutenant Governor in Council.  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 (15, 18, 20) - 19/04/1999 2017, c. 2, Sched. 2, s. 9 (1, 2) - 22/03/2017 2018, c. 8, Sched. 15, s. 8 (1) - 08/05/2018 Complaint against Chief Justice, Associate Chief Justice or regional senior judge of the Ontario Court of Justice