43.1 (1) The functions of the Judicial Appointments Advisory Committee are to, (a)  recommend candidates to the Attorney General for the appointment of provincial judges; and (b)  provide advice to the Attorney General respecting the process for appointing provincial judges in accordance with this Act. 2021, c. 4, Sched. 3, s. 4. Manner of operating (2) The Committee shall perform its functions in the following manner: 1.  When a judicial vacancy occurs and the Attorney General asks the Committee to make a recommendation, it shall, subject to paragraph 2, advertise the vacancy and solicit applications. 2.  If the Committee provided a recommendation for a judicial vacancy for the same court location that matches the requirements of the current judicial vacancy within 12 months before the day the Attorney General asked for a recommendation for the current judicial vacancy, it shall not advertise the current judicial vacancy and shall, subject to subsection (9), instead provide to the Attorney General a ranked list of at least six candidates whom it recommends, with brief supporting reasons, consisting of, i.  all of the candidates for the previous judicial vacancy who were recommended by the Committee for that vacancy, who confirm their interest in being considered for the current judicial vacancy and who continue to meet the Committee’s criteria for recommendation, and ii.  if subparagraph i results in a list of fewer than six candidates, enough additional candidates to prepare a list of at least six candidates from among the candidates for the previous judicial vacancy who were not recommended for that vacancy but who meet the Committee’s criteria for recommendation and who confirm their interest in being considered for the current judicial vacancy. 3.  If the Committee advertises a judicial vacancy, it shall review and evaluate all applications received in response to the advertisement. 4.  It may interview any of the candidates in conducting its review and evaluation. 5.  It shall conduct the advertising, review and evaluation process in accordance with the criteria it establishes, which must, at minimum, provide for an assessment that, i.  assesses the candidates’ professional excellence, community awareness and personal characteristics, and ii.  recognizes the desirability of reflecting the diversity of Ontario society in judicial appointments. 6.  It shall make the criteria it established under paragraph 5 available to the public. 7.  Subject to subsection (9), for every judicial vacancy advertised by the Committee, it shall provide the Attorney General a ranked list of at least six candidates whom it recommends, with brief supporting reasons. 2021, c. 4, Sched. 3, s. 4. Qualifications (3) The Committee shall not consider an application by a candidate, (a)  who does not meet the qualifications set out in subsection 42 (2); or (b)  who is or was a member of the Committee within the previous three years. 2021, c. 4, Sched. 3, s. 4. Information to be provided to Attorney General on request (4) The Committee shall provide the Attorney General with any information about the application, review and evaluation process that the Attorney General requests, other than, (a)  the names or identifying information of candidates who were not recommended for a judicial vacancy; (b)  the names or identifying information of candidates who are being assessed for a judicial vacancy that has been advertised but for which the Committee has not yet made a recommendation; and (c)  information collected or prepared by the Committee through a discreet inquiry. 2021, c. 4, Sched. 3, s. 4. Same (5) The Committee shall provide any information requested by the Attorney General under subsection (4) within 30 days of the request unless otherwise directed by the Attorney General. 2021, c. 4, Sched. 3, s. 4. Meaning of discreet inquiry (6) For the purposes of clause (4) (c), a discreet inquiry is a confidential inquiry conducted by the Committee into the views or opinions of individuals with knowledge of a candidate’s suitability for appointment. 2021, c. 4, Sched. 3, s. 4. Recommendation of criteria (7) The Attorney General may recommend criteria to be included in the criteria the Committee establishes under paragraph 5 of subsection (2), and the Committee shall consider whether to include those criteria in the criteria it has established. 2021, c. 4, Sched. 3, s. 4. Rejection of ranked list (8) The Attorney General may reject a ranked list of recommended candidates provided under paragraph 2 or 7 of subsection (2), or under this subsection, and require the Committee to produce a new ranked list of at least six candidates whom the Committee recommends from among the remaining candidates for the judicial vacancy, with brief supporting reasons. 2021, c. 4, Sched. 3, s. 4. Insufficient recommendable candidates (9) If there are not enough candidates for the Committee to recommend at least six candidates who meet the Committee’s criteria for recommendation in a ranked list described in paragraph 2 or 7 of subsection (2) or in subsection (8), the Committee shall, (a)  if there is at least one candidate who meets the criteria for recommendation, (i)  include in the ranked list as many candidates as possible who meet the Committee’s criteria for recommendation, and (ii)  provide the Attorney General with an explanation as to why six candidates have not been recommended; or (b)  if no candidates meet the criteria for recommendation, begin a new process to advertise the judicial vacancy and solicit applications in accordance with paragraphs 3 to 7 of subsection (2). 2021, c. 4, Sched. 3, s. 4. Recommendation by Attorney General (10) The Attorney General shall only recommend a candidate who is in a ranked list provided under paragraph 2 or 7 of subsection (2) or under subsection (8) to the Lieutenant Governor in Council for appointment to fill a judicial vacancy. 2021, c. 4, Sched. 3, s. 4. Transition (11) Despite this section, subsections 43 (8) to (12) of this Act, as they read immediately before the day section 4 of Schedule 3 to the Accelerating Access to Justice Act, 2021 came into force, continue to apply to any judicial vacancy that was advertised by the Committee before that day. 2021, c. 4, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 3, s. 4 - 19/04/2021