87.3 (1) Any person may make a complaint alleging misconduct by the Small Claims Court Administrative Judge to the Chief Justice of the Superior Court of Justice. 2017, c. 20, Sched. 2, s. 5. 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. 2017, c. 20, Sched. 2, s. 5. Notice of dismissal (3) The Chief Justice shall notify the Small Claims Court Administrative Judge and the complainant in writing of a dismissal under subsection (2), giving brief reasons for it. 2017, c. 20, Sched. 2, s. 5. Committee (4) If the complaint is not dismissed, the Chief Justice shall refer it to a committee consisting of three persons determined in accordance with subsection (5). 2017, c. 20, Sched. 2, s. 5. Same (5) The three persons shall be chosen by the Chief Justice, and shall be a judge of the Superior Court of Justice, a deputy judge and a person who is neither a judge nor a lawyer. 2017, c. 20, Sched. 2, s. 5. Investigation (6) The committee shall investigate the complaint in the manner it considers appropriate, and the complainant and the Small Claims Court Administrative Judge shall be given an opportunity to make representations to the committee, in writing or, at the committee’s option, orally. 2017, c. 20, Sched. 2, s. 5. Recommendation (7) The committee shall make a report to the Chief Justice, recommending a disposition in accordance with subsection (8). 2017, c. 20, Sched. 2, s. 5. 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 Small Claims Court Administrative Judge’s conduct presents grounds for imposing a sanction, may, (a)  warn the Small Claims Court Administrative Judge; (b)  reprimand the Small Claims Court Administrative Judge; (c)  order the Small Claims Court Administrative Judge to apologize to the complainant or to any other person; (d)  order that the Small Claims Court Administrative Judge take specified measures, such as receiving education or treatment; (e)  suspend the Small Claims Court Administrative Judge for a period of up to 30 days; (f)  direct that no judicial duties or only specified judicial duties be assigned to the Small Claims Court Administrative Judge; (g)  recommend to the Attorney General that the Small Claims Court Administrative Judge be removed from office; or (h)  adopt any combination of the dispositions set out in clauses (a) to (g). 2017, c. 20, Sched. 2, s. 5. Cause for removal (9) A recommendation for removal may only be made on the basis of a ground listed in clause 51.8 (1) (b), and any such recommendation shall specify the ground on which it is made. 2017, c. 20, Sched. 2, s. 5. Recommendation for removal (10) In making a recommendation for removal to the Attorney General, the Chief Justice shall include with the recommendation, (a)  a copy of the committee’s report; and (b)  if the recommendation of the Chief Justice does not accord with the report, reasons for his or her recommendation. 2017, c. 20, Sched. 2, s. 5. Non-identification (11) If the complaint involves an allegation of sexual misconduct or sexual harassment, an alleged victim of the misconduct or harassment shall not, on that person’s request, be identified in the report provided to the Attorney General under clause (10) (a) or in any reasons provided under clause (10) (b). 2017, c. 20, Sched. 2, s. 5. Report, reasons may be made public (12) The Attorney General may make the report and any reasons public if he or she is of the opinion that it is in the public interest. 2017, c. 20, Sched. 2, s. 5. Tabling (13) If the Chief Justice makes a recommendation for removal under clause (8) (g), the Attorney General shall table the recommendation, including the ground on which the recommendation is made, in the Assembly. 2017, c. 20, Sched. 2, s. 5. Order for removal (14) The Lieutenant Governor may, on the basis of a recommendation for removal, order the removal of the Small Claims Court Administrative Judge from office on the address of the Assembly. 2017, c. 20, Sched. 2, s. 5. Compensation (15) Subsections 86.2 (10), (11), (12), (12.0.1), (13) and (14) apply with necessary modifications with respect to the compensation of costs incurred by the Small Claims Court Administrative Judge for legal services in relation to a complaint. 2017, c. 20, Sched. 2, s. 5; 2020, c. 11, Sched. 5, s. 9. Delegation (16) The Chief Justice may delegate his or her powers, duties and functions under this section to the Associate Chief Justice of the Superior Court of Justice, a regional senior judge of the Superior Court of Justice, or the Senior Judge of the Family Court. 2017, c. 20, Sched. 2, s. 5. Same (17) The Chief Justice may delegate his or her powers, duties and functions under subsections (2), (3) and (4) to a judge of the Superior Court of Justice, but a judge who acts under any of those subsections in relation to a complaint may not be chosen under subsection (5) to be part of a committee to investigate the complaint. 2017, c. 20, Sched. 2, s. 5. Non-application of SPPA (18) The Statutory Powers Procedure Act does not apply to a judge or member of a committee acting under this section. 2017, c. 20, Sched. 2, s. 5. Personal liability (19) No action or other proceeding for damages shall be instituted against a 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 under this section, or for any neglect or default in the exercise or performance in good faith of such power or duty. 2017, c. 20, Sched. 2, s. 5. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 2, s. 5 - 14/11/2017 2020, c. 11, Sched. 5, s. 9 - 08/07/2020