jswizzle3737/ontario_laws_and_regs huggingface dataset:
39 (1) A proceeding in the Ontario Court of Justice shall be heard and determined by one judge of the Ontario Court of Justice.  R.S.O. 1990, c. C.43, s. 39 (1); 1996, c. 25, s. 9 (18). Justice of the peace may preside (2) A justice of the peace may preside over the Ontario Court of Justice in a proceeding under the Provincial Offences Act.  R.S.O. 1990, c. C.43, s. 39 (2); 1996, c. 25, s. 9 (18). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (18) - 19/04/1999
40 (1) If no provision is made concerning an appeal from an order of the Ontario Court of Justice, an appeal lies to the Superior Court of Justice.  R.S.O. 1990, c. C.43, s. 40 (1); 1993, c. 27, Sched.; 1996, c. 25, s. 9 (17, 18). Exception (2) Subsection (1) does not apply to a proceeding under the Criminal Code (Canada) or the Provincial Offences Act.  R.S.O. 1990, c. C.43, s. 40 (2). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1996, c. 25, s. 9 (17, 18) - 19/04/1999
41 Any person who knowingly disturbs or interferes with a proceeding in the Ontario Court of Justice without reasonable justification while outside the courtroom is guilty of an offence and on conviction is liable to a fine of not more than $1,000 or to imprisonment for a term of not more than thirty days, or to both.  R.S.O. 1990, c. C.43, s. 41; 1996, c. 25, s. 9 (18). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (18) - 19/04/1999 Provincial Judges
44 (1) A provincial judge may, at his or her option and with the Chief Justice’s consent, change from full-time to part-time service or the reverse, or increase or decrease the amount of part-time service.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Part-time judges (2) The Chief Justice, with the Attorney General’s consent, may designate a former provincial judge who has retired from office to serve as a provincial judge on a part-time basis, not to exceed 75 per cent of full-time service in a calendar year.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (20); 2023, c. 2, Sched. 2, s. 2 (1). Note: On April 1, 2024, subsection 44 (2) of the Act is amended by striking out “75” and substituting “50”. (See: 2023, c. 2, Sched. 2, s. 2 (2)) Same (3) A person designated under subsection (2) is a provincial judge and a member of the Ontario Court of Justice.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (18). Same (4) A judge who is serving on a part-time basis under subsection (1) or (2) shall not engage in any other remunerative occupation.  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 (18, 20) - 19/04/1999 2023, c. 2, Sched. 2, s. 2 (1) - 22/03/2023; 2023, c. 2, Sched. 2, s. 2 (2) - 01/04/2024
45 (1) A provincial judge who believes that he or she is unable, because of a disability, to perform the essential duties of the office unless his or her needs are accommodated may apply to the Judicial Council for an order under subsection (2). Duty of Judicial Council (2) If the Judicial Council finds that the judge is unable, because of a disability, to perform the essential duties of the office unless his or her needs are accommodated, it shall order that the judge’s needs be accommodated to the extent necessary to enable him or her to perform those duties. Undue hardship (3) Subsection (2) 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. Guidelines and rules of procedure (4) In dealing with applications under this section, the Judicial Council shall follow its guidelines and rules of procedure established under subsection 51.1 (1). Opportunity to participate (5) The Judicial Council shall not make an order under subsection (2) against a person without ensuring that the person has had an opportunity to participate and make submissions. Crown bound (6) The order binds the Crown.  1994, c. 12, s. 16. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 16 - 28/02/1995
46 (1) A provincial judge may act as commissioner, arbitrator, adjudicator, referee, conciliator or mediator only if expressly authorized by an Act of the Parliament of Canada or the Legislature or appointed or authorized by the Governor in Council or Lieutenant Governor in Council. Same (2) A judge who, before January 1, 1985, had the consent of the Attorney General to act as an arbitrator or conciliator may continue to do so. Remuneration (3) A judge acting under subsection (1) shall not receive remuneration but shall be reimbursed for reasonable travelling and other expenses incurred while so acting.  1994, c. 12, s. 16. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 16 - 28/02/1995
47 (1) Every provincial judge shall retire upon attaining the age of sixty-five years.  1994, c. 12, s. 16. Same (2) Despite subsection (1), a judge appointed as a full-time magistrate, judge of a juvenile and family court or master before December 2, 1968 shall retire upon attaining the age of seventy years.  1994, c. 12, s. 16. Continuation of judges in office (3) A judge who has attained retirement age may, subject to the annual approval of the Chief Justice of the Ontario Court of Justice, continue in office as a full-time or part-time judge until he or she attains the age of seventy-five years.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (18, 20). Same, regional senior judges (4) A regional senior judge of the Ontario Court of Justice who is in office at the time of attaining retirement age may, subject to the annual approval of the Chief Justice, continue in that office until his or her term (including any renewal under subsection 42 (9)) expires, or until he or she attains the age of seventy-five years, whichever comes first.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (18, 20). Same, Chief Justice and associate chief justices (5) A Chief Justice or associate chief justice of the Ontario Court of Justice who is in office at the time of attaining retirement age may, subject to the annual approval of the Judicial Council, continue in that office until his or her term expires, or until he or she attains the age of seventy-five years, whichever comes first.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (18, 20). Same (6) If the Judicial Council does not approve a Chief Justice’s or associate chief justice’s continuation in that office under subsection (5), his or her continuation in the office of provincial judge is subject to the approval of the Judicial Council and not as set out in subsection (3).  1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Criteria (7) Decisions under subsections (3), (4), (5) and (6) shall be made in accordance with criteria developed by the Chief Justice and approved by the Judicial Council.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Appointment after reaching 65 years (8) This section applies, with necessary modifications, to a person appointed as a provincial judge, or as a Chief Justice, associate chief justice or regional senior judge, after reaching 65 years of age. 2017, c. 20, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 16 - 28/02/1995; 1996, c. 25, s. 9 (18, 20) - 19/04/1999 2017, c. 2, Sched. 2, s. 7 - 22/03/2017 2017, c. 20, Sched. 2, s. 3 - 14/11/2017 Resignation and election
48. (1) A provincial judge may at any time resign from his or her office by delivering a signed letter of resignation to the Chief Justice of the Ontario Court of Justice or, in the case of the Chief Justice, to the Attorney General. 2017, c. 2, Sched. 2, s. 8 (1). Election (2) A Chief Justice, an associate chief justice or a regional senior judge may, before the expiry of his or her term of office under section 42, elect to hold the office of a provincial judge only, by delivering a signed letter to that effect to the Attorney General in the case of a Chief Justice, or to the Chief Justice of the Ontario Court of Justice in any other case. 2017, c. 2, Sched. 2, s. 8 (1). (3) Repealed: 2016, c. 5, Sched. 7, s. 2. Effective date (4) A resignation or election under this section takes effect on the day the letter is delivered to the Chief Justice or the Attorney General, as the case may be or, if the letter specifies a later day, on that day.  1994, c. 12, s. 16; 2017, c. 2, Sched. 2, s. 8 (2). (5) Spent:  1994, c. 12, s. 16. Section Amendments with date in force (d/m/y) 1990, c. 43, s. 48 (5) - see 1994, c. 12, s. 16 - 01/09/1995; 1994, c. 12, s. 16 - 28/02/1995; 1996, c. 25, s. 9 (20) - 19/04/1999 2016, c. 5, Sched. 7, s. 2 - 19/04/2016 2017, c. 2, Sched. 2, s. 8 (1, 2) - 22/03/2017 Ontario Judicial Council
50 (1) If the Chief Justice of the Ontario Court of Justice is the subject of a complaint, (a)  the Chief Justice of Ontario shall appoint another judge of the Ontario Court of Justice to be a member of the Judicial Council instead of the Chief Justice of the Ontario Court of Justice, until the complaint is finally disposed of; (b)  the Associate Chief Justice of the Ontario Court of Justice shall chair meetings and hearings of the Council instead of the Chief Justice of the Ontario Court of Justice, and make appointments under subsection 49 (3) instead of the Chief Justice, until the complaint is finally disposed of; and (c)  any reference of the complaint that would otherwise be made to the Chief Justice of the Ontario Court of Justice under clause 51.4 (13) (b) or 51.4 (18) (c), subclause 51.5 (8) (b) (ii) or clause 51.5 (10) (b) shall be made to the Chief Justice of the Superior Court of Justice instead of to the Chief Justice of the Ontario Court of Justice. Suspension of Chief Justice (2) If the Chief Justice of the Ontario Court of Justice is suspended under subsection 51.4 (12), (a)  complaints that would otherwise be referred to the Chief Justice of the Ontario Court of Justice under clauses 51.4 (13) (b) and 51.4 (18) (c), subclause 51.5 (8) (b) (ii) and clause 51.5 (10) (b) shall be referred to the Associate Chief Justice of the Ontario Court of Justice, until the complaint is finally disposed of; and (b)  annual approvals that would otherwise be granted or refused by the Chief Justice of the Ontario Court of Justice shall be granted or refused by the Associate Chief Justice of the Ontario Court of Justice, until the complaint is finally disposed of. Complaint against Associate Chief Justice or regional senior judge (3) If the Associate Chief Justice of the Ontario Court of Justice or the regional senior judge appointed under clause 49 (2) (c) is the subject of a complaint, the Chief Justice of the Ontario Court of Justice shall appoint another judge of the Ontario Court of Justice to be a member of the Judicial Council instead of the Associate Chief Justice or regional senior judge, as the case may be, until the complaint is finally disposed of.  1996, c. 25, s. 9 (6). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (6) - 19/04/1999 Other duties of Judicial Council
51 (1) The Judicial Council shall provide, in courthouses and elsewhere, information about itself and about the justice system, including information about how members of the public may obtain assistance in making complaints. Same (2) In providing information, the Judicial Council shall emphasize the elimination of cultural and linguistic barriers and the accommodation of the needs of persons with disabilities. Assistance to public (3) Where necessary, the Judicial Council shall arrange for the provision of assistance to members of the public in the preparation of documents for making complaints. Telephone access (4) The Judicial Council shall provide province-wide free telephone access, including telephone access for the deaf, to information about itself and its role in the justice system. Persons with disabilities (5) To enable persons with disabilities to participate effectively in the complaints process, the Judicial Council shall ensure that their needs are accommodated, at the Council’s expense, unless it would impose undue hardship on the Council to do so, considering the cost, outside sources of funding, if any, and health and safety requirements, if any. Annual report (6) After the end of each year, the Judicial Council shall make an annual report to the Attorney General on its affairs, in English and French, including, with respect to all complaints received or dealt with during the year, a summary of the complaint, the findings and a statement of the disposition, but the report shall not include information that might identify the judge or the complainant. Same, publication (7) The Judicial Council shall, no earlier than 15 but no later than 30 days after making the report, publish it in English and French on its website. 2019, c. 7, Sched. 15, s. 1. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 16 - 28/02/1995 2019, c. 7, Sched. 15, s. 1 - 29/05/2019
51.1 (1) The Judicial Council shall establish and make public rules governing its own procedures, including the following: 1.  Guidelines and rules of procedure for the purpose of section 45. 2.  Guidelines and rules of procedure for the purpose of subsection 51.4 (21). 3.  Guidelines and rules of procedure for the purpose of subsection 51.4 (22). 4.  If applicable, criteria for the purpose of subsection 51.5 (2). 5.  If applicable, guidelines and rules of procedure for the purpose of subsection 51.5 (13). 6.  Rules of procedure for the purpose of subsection 51.6 (3). 7.  Criteria for the purpose of subsection 51.6 (7). 8.  Criteria for the purpose of subsection 51.6 (8). 9.  Criteria for the purpose of subsection 51.6 (10).  1994, c. 12, s. 16. Legislation Act, 2006, Part III (2) Part III (Regulations) of the Legislation Act, 2006 does not apply to rules, guidelines or criteria established by the Judicial Council.  1994, c. 12, s. 16; 2006, c. 21, Sched. F, s. 136 (1). Sections 28, 29 and 33 of SPPA (3) Sections 28, 29 and 33 of the Statutory Powers Procedure Act do not apply to the Judicial Council.  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. F, s. 136 (1) - 25/07/2007
51.2 (1) The information provided under subsections 51 (1), (3) and (4) and the matters made public under subsection 51.1 (1) shall be made available in English and French. Same (2) Complaints against provincial judges may be made in English or French. Same (3) A hearing under section 51.6 shall be conducted in English, but a complainant or witness who speaks French or a judge who is the subject of a complaint and who speaks French is entitled, on request, (a)  to be given, before the hearing, French translations of documents that are written in English and are to be considered at the hearing; (b)  to be provided with the assistance of an interpreter at the hearing; and (c)  to be provided with simultaneous interpretation into French of the English portions of the hearing. Same (4) Subsection (3) also applies to mediations conducted under section 51.5 and to the Judicial Council’s consideration of the question of compensation under section 51.7, if subsection 51.7 (2) applies. Bilingual hearing or mediation (5) The Judicial Council may direct that a hearing or mediation to which subsection (3) applies be conducted bilingually, if the Council is of the opinion that it can be properly conducted in that manner. Part of hearing or mediation (6) A directive under subsection (5) may apply to a part of the hearing or mediation, and in that case subsections (7) and (8) apply with necessary modifications. Same (7) In a bilingual hearing or mediation, (a)  oral evidence and submissions may be given or made in English or French, and shall be recorded in the language in which they are given or made; (b)  documents may be filed in either language; (c)  in the case of a mediation, discussions may take place in either language; (d)  the reasons for a decision or the mediator’s report, as the case may be, may be written in either language. Same (8) In a bilingual hearing or mediation, if the complainant or the judge who is the subject of the complaint does not speak both languages, he or she is entitled, on request, to have simultaneous interpretation of any evidence, submissions or discussions spoken in the other language and translation of any document filed or reasons or report written in the other language.  1994, c. 12, s. 16. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 16 - 28/02/1995
51.3 (1) Any person may make a complaint to the Judicial Council alleging misconduct by a provincial judge. Same (2) If an allegation of misconduct against a provincial judge is made to a member of the Judicial Council, it shall be treated as a complaint made to the Judicial Council. Same (3) If an allegation of misconduct against a provincial judge is made to any other judge or to the Attorney General, the other judge, or the Attorney General, as the case may be, shall provide the person making the allegation with information about the Judicial Council’s role in the justice system and about how a complaint may be made, and shall refer the person to the Judicial Council. Carriage of matter (4) Once a complaint has been made to the Judicial Council, the Council has carriage of the matter. Information re complaint (5) At any person’s request, the Judicial Council may confirm or deny that a particular complaint has been made to it.  1994, c. 12, s. 16. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 16 - 28/02/1995 Role of subcommittee
51.7 (1) When the Judicial Council has dealt with a complaint against a provincial judge, it shall consider whether the judge should be compensated for his or her costs for legal services incurred in connection with all the steps taken under sections 51.4, 51.5 and 51.6 and this section in relation to the complaint. 1994, c. 12, s. 16. Consideration of question combined with hearing (2) If the Judicial Council holds a hearing into the complaint, its consideration of the question of compensation shall be combined with the hearing. 1994, c. 12, s. 16. Public or private consideration of question (3) The Judicial Council’s consideration of the question of compensation shall take place in public if there was a public hearing into the complaint, and otherwise shall take place in private. 1994, c. 12, s. 16. Recommendation (4) If the Judicial Council is of the opinion that the judge should be compensated, it shall make a recommendation to the Attorney General to that effect, indicating the amount of compensation. 1994, c. 12, s. 16. Same (5) If the complaint is dismissed after a hearing, the Judicial Council shall recommend to the Attorney General that the judge be compensated for his or her costs for legal services and shall indicate the amount. 1994, c. 12, s. 16. Exception (5.1) If the Judicial Council makes a recommendation under clause 51.6 (11) (g) in relation to a complaint made on or after the day section 2 of Schedule 5 to the Smarter and Stronger Justice Act, 2020
comes into force, subsections (1) to (3) do not apply and compensation shall not be recommended under subsection (4). 2020, c. 11, Sched. 5, s. 2. Disclosure of name (6) The Judicial Council’s recommendation to the Attorney General shall name the judge, but the Attorney General shall not disclose the name unless there was a public hearing into the complaint or the Council has otherwise made the judge’s name public. 1994, c. 12, s. 16. Amount of compensation (7) The amount of compensation recommended under subsection (4) or (5) may relate to all or part of the judge’s costs for legal services, and 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 services. 1994, c. 12, s. 16. Payment (8) The Attorney General shall pay compensation to the judge in accordance with the recommendation. 1994, c. 12, s. 16. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 16 - 28/02/1995 2020, c. 11, Sched. 5, s. 2 - 08/07/2020
51.8 (1) A provincial judge may be removed from office only if, (a)  a complaint about the judge has been made to the Judicial Council; and (b)  the Judicial Council, after a hearing under section 51.6, recommends to the Attorney General that the judge be removed on the ground that he or she has become incapacitated or disabled from the due execution of his or her office by reason of, (i)  inability, because of a disability, to perform the essential duties of his or her office (if an order to accommodate the judge’s needs would not remedy the inability, or could not be made because it would impose undue hardship on the person responsible for meeting those needs, or was made but did not remedy the inability), (ii)  conduct that is incompatible with the due execution of his or her office, or (iii)  failure to perform the duties of his or her office. 1994, c. 12, s. 16. Tabling of recommendation (2) The Attorney General shall table the recommendation in the Assembly if it is in session or, if not, within fifteen days after the commencement of the next session. 1994, c. 12, s. 16. Order for removal (3) An order removing a provincial judge from office under this section may be made by the Lieutenant Governor on the address of the Assembly. 1994, c. 12, s. 16. Application (4) This section applies to provincial judges who have not yet attained retirement age and to provincial judges whose continuation in office after attaining retirement age has been approved under subsection 47 (3), (4) or (5). 1994, c. 12, s. 16. (5) Repealed: 2017, c. 2, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 16 - 28/02/1995 2017, c. 2, Sched. 2, s. 10 - 22/03/2017
51.9 (1) The Chief Justice of the Ontario Court of Justice may establish standards of conduct for provincial judges, including a plan for bringing the standards into effect, and may implement the standards and plan when they have been reviewed and approved by the Judicial Council.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (18, 20). Duty of Chief Justice (2) The Chief Justice shall ensure that any standards of conduct are made available to the public, in English and French, when they have been approved by the Judicial Council.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (20); 2006, c. 21, Sched. A, s. 6. Goals (3) The following are among the goals that the Chief Justice may seek to achieve by implementing standards of conduct for judges: 1.  Recognizing the independence of the judiciary. 2.  Maintaining the high quality of the justice system and ensuring the efficient administration of justice. 3.  Enhancing equality and a sense of inclusiveness in the justice system. 4.  Ensuring that judges’ conduct is consistent with the respect accorded to them. 5.  Emphasizing the need to ensure the professional and personal development of judges and the growth of their social awareness through continuing education.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 16 - 28/02/1995; 1996, c. 25, s. 9 (18, 20) - 19/04/1999 2006, c. 21, Sched. A, s. 6 - 19/10/2006
51.10 (1) The Chief Justice of the Ontario Court of Justice shall establish a plan for the continuing education of provincial judges, and shall implement the plan when it has been reviewed and approved by the Judicial Council.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (18, 20). Duty of Chief Justice (2) The Chief Justice shall ensure that the plan for continuing education is made available to the public, in English and French, when it has been approved by the Judicial Council.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Goals (3) Continuing education of judges has the following goals: 1.  Maintaining and developing professional competence. 2.  Maintaining and developing social awareness. 3.  Encouraging personal growth.  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 (18, 20) - 19/04/1999
51.10.1 (1) The Chief Justice of the Ontario Court of Justice may establish courses for newly appointed judges and for the continuing education of judges, which may include courses respecting, (a)  sexual assault law; (b)  intimate partner violence; (c)  coercive control in intimate partner and family relationships; and (d)  social context, which includes systemic racism and systemic discrimination. 2023, c. 12, Sched. 3, s. 3. Courses re sexual assault and intimate partner violence, consultation (2) The Chief Justice may, in establishing courses respecting matters mentioned in clauses (1) (a) to (d), consult with such persons, groups and organizations as the Chief Justice considers appropriate, which may include survivors of sexual assault, survivors of intimate partner violence and persons, groups and organizations that support these survivors, including Indigenous leaders and representatives of Indigenous communities. 2023, c. 12, Sched. 3, s. 3. Designated courses (3) The Chief Justice may designate courses, including courses established under subsection (1), for newly appointed judges. 2023, c. 12, Sched. 3, s. 3. Report (4) No later than February 28 in each year, the Chief Justice shall submit to the Attorney General a report setting out the following information: 1.  The title, duration and dates of each course established by the Chief Justice respecting matters mentioned in clauses (1) (a) to (d) that was offered to judges during the previous calendar year. 2.  A description of the topics covered in each course. 3.  The number of judges who attended each course. 2023, c. 12, Sched. 3, s. 3. Tabling of report (5) The Attorney General shall cause a copy of a report submitted under subsection (4) to be tabled in the Legislative Assembly on any of the first 10 days on which that House is sitting after the Attorney General receives the report. 2023, c. 12, Sched. 3, s. 3. Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 3, s. 3 - 08/06/2023
51.11 (1) The Chief Justice of the Ontario Court of Justice may establish a program of performance evaluation for provincial judges, and may implement the program when it has been reviewed and approved by the Judicial Council.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (18, 20). Duty of Chief Justice (2) The Chief Justice shall make the existence of the program of performance evaluation public when it has been approved by the Judicial Council.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Goals (3) The following are among the goals that the Chief Justice may seek to achieve by establishing a program of performance evaluation for judges: 1.  Enhancing the performance of individual judges and of judges in general. 2.  Identifying continuing education needs. 3.  Assisting in the assignment of judges. 4.  Identifying potential for professional development.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Scope of evaluation (4) In a judge’s performance evaluation, a decision made in a particular case shall not be considered. Confidentiality (5) A judge’s performance evaluation is confidential and shall be disclosed only to the judge, his or her regional senior judge, and the person or persons conducting the evaluation. Inadmissibility, exception (6) A judge’s performance evaluation shall not be admitted in evidence before the Judicial Council or any court or other tribunal unless the judge consents. Application of subss. (5), (6) (7) Subsections (5) and (6) apply to everything contained in a judge’s performance evaluation and to all information collected in connection with the evaluation.  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 (18, 20) - 19/04/1999
51.12 In establishing standards of conduct under section 51.9, a plan for continuing education under section 51.10 and a program of performance evaluation under section 51.11, the Chief Justice of the Ontario Court of Justice shall consult with judges of that court and with such other persons as he or she considers appropriate.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (15, 18, 20). 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 Provincial Judges’ Remuneration Remuneration and framework agreement
51.13 (1) The committee known as the Provincial Judges Remuneration Commission in English and as Commission de rémunération des juges provinciaux in French is continued.  1994, c. 12, s. 16. Composition and functions (2) The composition and functions of the Commission are as set out in Appendix A of the framework agreement set out in the Schedule to this Act.  1994, c. 12, s. 16. Framework agreement (3) The framework agreement forms part of this Act.  1994, c. 12, s. 16. Same (4) The reference in paragraph 11 of the framework agreement to public servants as defined in the Public Service Act is deemed to be a reference to public servants employed under Part III of the Public Service of Ontario Act, 2006.  2006, c. 35, Sched. C, s. 20 (1). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 16 - 28/02/1995 2006, c. 35, Sched. C, s. 20 (1) - 20/08/2007 Miscellaneous Meetings of judges
52 (1) The judges of the Superior Court of Justice shall meet at least once in each year, on a day fixed by the Chief Justice of the Superior Court of Justice, in order to consider this Act, the rules of court and the administration of justice generally.  1994, c. 12, s. 17; 1996, c. 25, s. 9 (14, 17). Family Court (2) The judges of the Family Court shall meet at least once in each year, on a day fixed by the Chief Justice of the Superior Court of Justice, in order to consider this Act, the rules of court and the administration of justice generally.  1998, c. 20, Sched. A, s. 22 (9). (2.1) Repealed: 2009, c. 33, Sched. 2, s. 20 (12). Regional senior judges, Superior Court of Justice (2.2) The regional senior judges of the Superior Court of Justice and the Senior Judge of the Family Court shall meet at least once in each year with the Chief Justice and the Associate Chief Justice of the Superior Court of Justice, on a day fixed by the Chief Justice, in order to consider this Act, the rules of court and the administration of justice generally.  1998, c. 20, Sched. A, s. 22 (10). (3) Repealed: 2009, c. 33, Sched. 2, s. 20 (13). Regional meeting of judges (4) The judges of the Court of Ontario in each region shall meet at least once in each year in order to consider this Act, the rules of court and the administration of justice in the region generally, on a day fixed jointly by the regional senior judge of the Superior Court of Justice and the regional senior judge of the Ontario Court of Justice.  2006, c. 21, Sched. A, s. 7. (5) Repealed: 2009, c. 33, Sched. 2, s. 20 (14). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 17 - 28/02/1995; 1996, c. 25, s. 9 (8, 14, 15, 17, 18, 20) - 19/04/1999; 1998, c. 20, Sched. A, s. 22 (9, 10) - 19/04/1999 2006, c. 21, Sched. A, s. 7 - 19/10/2006 2009, c. 33, Sched. 2, s. 20 (12-14) - 01/01/2015
65 (1) The committee known as the Civil Rules Committee is continued under the name Civil Rules Committee in English and Comité des règles en matière civile in French.  R.S.O. 1990, c. C.43, s. 65 (1). Composition (2) The Civil Rules Committee shall be composed of, (a)  the Chief Justice and Associate Chief Justice of Ontario; (a.1)  the Chief Justice and Associate Chief Justice of the Superior Court of Justice; (a.2)  the Chief Justice of the Ontario Court of Justice, or another judge of that court designated by the Chief Justice; (b)  two judges of the Court of Appeal, who shall be appointed by the Chief Justice of Ontario; (c)  eight judges of the Superior Court of Justice, who shall be appointed by the Chief Justice of the Superior Court of Justice; (d)  the Small Claims Court Administrative Judge appointed under section 87.2; (e)  the Attorney General or a person designated by the Attorney General; (f)  one law officer of the Crown, who shall be appointed by the Attorney General; (g)  two persons employed in the administration of the courts, who shall be appointed by the Attorney General; (h)  four lawyers, who shall be appointed by the Law Society of Ontario; (i)  one lawyer, who shall be appointed by the Chief Justice of Ontario; (j)  four lawyers, who shall be appointed by the Chief Justice of the Superior Court of Justice.  R.S.O. 1990, c. C.43, s. 65 (2); 1994, c. 12, s. 20; 1996, c. 25, s. 9 (14, 17, 18, 20); 1998, c. 20, Sched. A, s. 12; 2006, c. 21, Sched. A, s. 9; 2017, c. 2, Sched. 2, s. 12; 2018, c. 8, Sched. 15, s. 8 (1). Same (3) The Chief Justice of Ontario shall preside over the Civil Rules Committee but, if the Chief Justice of Ontario is absent or so requests, another member designated by the Chief Justice of Ontario shall preside.  R.S.O. 1990, c. C.43, s. 65 (3). Tenure of office (4) Each of the members of the Civil Rules Committee appointed under clauses (2) (b), (c), (f), (g), (h), (i) and (j) shall hold office for a period of three years and is eligible for reappointment.  R.S.O. 1990, c. C.43, s. 65 (4). Vacancies (5) Where a vacancy occurs among the members appointed under clause (2) (b), (c), (f), (g), (h), (i) or (j), a new member similarly qualified may be appointed for the remainder of the unexpired term.  R.S.O. 1990, c. C.43, s. 65 (5). Quorum (6) One-third of the members of the Civil Rules Committee constitutes a quorum.  R.S.O. 1990, c. C.43, s. 65 (6). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 20 - 28/02/1995; 1996, c. 25, s. 9 (14, 17, 18, 20) - 19/04/1999; 1998, c. 20, Sched. A, s. 12 - 26/02/1999 2006, c. 21, Sched. A, s. 9 - 19/10/2006 2017, c. 2, Sched. 2, s. 12 - 22/03/2017 2018, c. 8, Sched. 15, s. 8 (1) - 08/05/2018
67 (1) The committee known as the Family Rules Committee is continued under the name Family Rules Committee in English and Comité des règles en matière de droit de la famille in French.  R.S.O. 1990, c. C.43, s. 67 (1). Composition (2) The Family Rules Committee is composed of, (a)  the Chief Justice and Associate Chief Justice of Ontario; (b)  the Chief Justice and the Associate Chief Justice of the Superior Court of Justice; (c)  the Senior Judge of the Family Court; (d)  the Chief Justice of the Ontario Court of Justice or an associate chief justice designated by the Chief Justice; (e)  one judge of the Court of Appeal, who shall be appointed by the Chief Justice of Ontario; (f)  four judges of the Superior Court of Justice appointed by the Chief Justice of the Superior Court of Justice, at least two of whom shall be judges of the Family Court referred to in clause 21.2 (1) (d) or (e); (g)  the Senior Advisory Family Judge of the Ontario Court of Justice, and two other judges of the Ontario Court of Justice who shall be appointed by the Chief Justice of the Ontario Court of Justice; (h)  the Attorney General or a person designated by the Attorney General; (i)  one law officer of the Crown, who shall be appointed by the Attorney General; (j)  two persons employed in the administration of the courts, who shall be appointed by the Attorney General; (k)  four lawyers, who shall be appointed by the Law Society of Ontario; (l)  four lawyers, who shall be appointed by the Chief Justice of the Superior Court of Justice; and (m)  two lawyers, who shall be appointed by the Chief Justice of the Ontario Court of Justice.  1998, c. 20, Sched. A, s. 22 (12); 2006, c. 21, Sched. A, s. 11; 2015, c. 27, Sched. 1, s. 1 (9); 2018, c. 8, Sched. 15, s. 8 (3). Who shall preside (3) The Chief Justice of Ontario shall preside over the Family Rules Committee but, if the Chief Justice of Ontario is absent or so requests, another member designated by the Chief Justice shall preside.  R.S.O. 1990, c. C.43, s. 67 (3). Tenure of office (4) Each of the members of the Family Rules Committee appointed under clauses (2) (e), (f), (g), (i), (j), (k), (l) and (m) shall hold office for a period of three years and is eligible for reappointment.  1998, c. 20, Sched. A, s. 13 (2). Vacancies (5) Where a vacancy occurs among the members appointed under clause (2) (e), (f), (g), (i), (j), (k), (l) or (m), a new member similarly qualified may be appointed for the remainder of the unexpired term.  1998, c. 20, Sched. A, s. 13 (2). Quorum (6) One-third of the members of the Family Rules Committee constitutes a quorum.  R.S.O. 1990, c. C.43, s. 67 (6). Section Amendments with date in force (d/m/y) 1998, c. 20, Sched. A, s. 22 (12) - 19/04/1999; 1998, c. 20, Sched. A, s. 13 (2) - 26/02/1999 2006, c. 21, Sched. A, s. 11 - 19/10/2006 2015, c. 27, Sched. 1, s. 1 (9) - 03/12/2015 2018, c. 8, Sched. 15, s. 8 (3) - 08/05/2018
68 (1) Subject to the approval of the Attorney General, the Family Rules Committee may make rules for the Court of Appeal, the Superior Court of Justice and the Ontario Court of Justice in relation to the practice and procedure of those courts in the proceedings referred to in the Schedule to section 21.8.  2006, c. 21, Sched. A, s. 12. Same (2) Subsections 66 (2), (3) and (5) apply with necessary modifications to the Family Rules Committee making rules under subsection (1).  2006, c. 21, Sched. A, s. 12. (3) Repealed:  2006, c. 21, Sched. A, s. 12. (4) Repealed:  2006, c. 19, Sched. D, s. 5 (2). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (18) - 19/04/1999; 1998, c. 20, Sched. A, s. 22 (13) - 19/04/1999 2000, c. 33, s. 20
- 14/05/2009 2006, c. 19, Sched. D, s. 5 (2) - 22/06/2006; 2006, c. 21, Sched. A, s. 12 - 19/10/2006 2009, c. 11, s. 20
- 14/05/2009
69 (1) The committee known as the Criminal Rules Committee is continued under the name Criminal Rules Committee in English and Comité des règles en matière criminelle in French.  R.S.O. 1990, c. C.43, s. 69 (1). Same (2) The Criminal Rules Committee shall be composed of, (a)  the Chief Justice and Associate Chief Justice of Ontario, the Chief Justice and Associate Chief Justice of the Superior Court of Justice and the Chief Justice and associate chief justices of the Ontario Court of Justice; (b)  one judge of the Court of Appeal, who shall be appointed by the Chief Justice of Ontario; (c)  three judges of the Superior Court of Justice, who shall be appointed by the Chief Justice of the Superior Court of Justice; (d)  four judges of the Ontario Court of Justice, who shall be appointed by the Chief Justice of the Ontario Court of Justice; (e)  Repealed:  1994, c. 12, s. 23 (2). (f)  the Attorney General or a person designated by the Attorney General; (g)  one law officer of the Crown, who shall be appointed by the Attorney General; (h)  four Crown attorneys, deputy Crown attorneys or assistant Crown attorneys, who shall be appointed by the Attorney General; (i)  two persons employed in court administration, who shall be appointed by the Attorney General; (j)  two lawyers, who shall be appointed by the Law Society of Ontario; (k)  one lawyer, who shall be appointed by the Chief Justice of Ontario; (l)  one lawyer, who shall be appointed by the Chief Justice of the Superior Court of Justice; and (m)  two lawyers, who shall be appointed by the Chief Justice of the Ontario Court of Justice.  R.S.O. 1990, c. C.43, s. 69 (2); 1994, c. 12, s. 23; 1996, c. 25, s. 9 (14, 17, 18, 20); 2018, c. 8, Sched. 15, s. 8 (1). Same (3) The Chief Justice of Ontario shall preside over the Criminal Rules Committee but, if the Chief Justice of Ontario is absent or so requests, another member designated by the Chief Justice of Ontario shall preside. Tenure of office (4) Each of the members of the Criminal Rules Committee appointed under clauses (2) (b), (c), (d), (e), (g), (h), (i), (j), (k), (l) and (m) shall hold office for a period of three years and is eligible for reappointment. Vacancies (5) Where a vacancy occurs among the members appointed under clause (2) (b), (c), (d), (e), (g), (h), (i), (j), (k), (l) or (m), a new member similarly qualified may be appointed for the remainder of the unexpired term. Quorum (6) One-third of the members of the Criminal Rules Committee constitutes a quorum.  R.S.O. 1990, c. C.43, s. 69 (3-6). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 23 (1, 3) - 28/02/1995; 1994, c. 12, s. 23 (2) - 01/09/1995; 1996, c. 25, s. 9 (14, 17, 18, 20) - 19/04/1999 2018, c. 8, Sched. 15, s. 8 (1) - 08/05/2018
70 (1) At the request of the Court of Appeal, the Superior Court of Justice or the Ontario Court of Justice, the Criminal Rules Committee may prepare rules for the purposes of section 482 of the Criminal Code (Canada) for consideration by the relevant court.  1994, c. 12, s. 24; 1996, c. 25, s. 9 (17, 18). (2), (3) Repealed:  2017, c. 2, Sched. 2, s. 13. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 24 - 19/04/1999; 1996, c. 25, s. 9 (17, 18) - 19/04/1999; 1998, c. 4, s. 2 - 11/06/1998 2006, c. 21, Sched. A, s. 13 - 19/10/2006 2017, c. 2, Sched. 2, s. 13 - 22/03/2017
70.1 (1) Subject to subsection (2), the Attorney General may make rules in relation to the practice and procedure of the Court of Appeal, the Superior Court of Justice and the Ontario Court of Justice in proceedings under the Provincial Offences Act, including rules, (a)  regulating any matters relating to the practice and procedure of proceedings under the Provincial Offences Act; (b)  prescribing forms; (c)  regulating the duties of the employees of the courts; (d)  regulating the duties of municipal employees and other persons who act under the authority of agreements made under Part X of the
Provincial Offences Act; (e)  prescribing and regulating the procedures under any Act that confers jurisdiction under the Provincial Offences Act on the Ontario Court of Justice or a judge or justice of the peace sitting in it; (f)  prescribing any matter relating to proceedings under the Provincial Offences Act that is referred to in an Act as provided for by the rules of court. 2017, c. 2, Sched. 2, s. 14. Prior approval of courts (2) Before a rule may be made under subsection (1), the Attorney General shall obtain the approval of one or more of the Chief Justice of Ontario, the Chief Justice of the Superior Court of Justice and the Chief Justice of the Ontario Court of Justice, as the Attorney General considers appropriate given the proceedings to which the rule would apply. 2017, c. 2, Sched. 2, s. 14 Recommendations, proposals by courts (3) The Attorney General shall consider any recommendations or proposals given to him or her by the Chief Justice of Ontario, the Chief Justice of the Superior Court of Justice or the Chief Justice of the Ontario Court of Justice respecting rules that may be made under subsection (1). 2017, c. 2, Sched. 2, s. 14. Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 2, s. 14 - 22/03/2017 PART V   ADMINISTRATION of the courts
71 The administration of the courts shall be carried on so as to, (a)  maintain the independence of the judiciary as a separate branch of government; (b)  recognize the respective roles and responsibilities of the Attorney General and the judiciary in the administration of justice; (c)  encourage public access to the courts and public confidence in the administration of justice; (d)  further the provision of high-quality services to the public; and (e)  promote the efficient use of public resources.  2006, c. 21, Sched. A, s. 14. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. A, s. 14 - 01/10/2007
72 The Attorney General shall superintend all matters connected with the administration of the courts, other than the following: 1.  Matters that are assigned by law to the judiciary, including authority to direct and supervise the sittings and the assignment of the judicial duties of the court. 2.  Matters related to the education, conduct and discipline of judges and justices of the peace, which are governed by other provisions of this Act, the Justices of the Peace Act and Acts of the Parliament of Canada. 3.  Matters assigned to the judiciary by a memorandum of understanding under section 77.  2006, c. 21, Sched. A, s. 14. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 25 (1, 3) - 28/02/1995; 1994, c. 12, s. 25 (2) - 01/11/2000; 1996, c. 25, s. 9 (17, 18, 20) - 19/04/1999; 1998, c. 20, Sched. A, s. 22 (14) - 19/04/1999 2006, c. 21, Sched. A, s. 14 - 01/10/2007 Court officers and staff
73 (1) Registrars, sheriffs, court clerks, assessment officers and any other administrative officers and employees that are considered necessary for the administration of the courts in Ontario may be appointed under Part III of the Public Service of Ontario Act, 2006.  2006, c. 21, Sched. A, s. 14; 2006, c. 35, Sched. C, s. 20 (3); 2015, c. 27, Sched. 1, s. 1 (10). Assignment of powers, duties (2) The Deputy Attorney General or a person designated by the Deputy Attorney General may, in writing, assign to any person or class of persons a power or duty given to a registrar, sheriff, court clerk, bailiff, assessment officer, Small Claims Court referee or official examiner under an Act, regulation or rule of court, subject to any conditions or restrictions set out in the assignment. 2017, c. 2, Sched. 2, s. 15. Same (2.1) For greater certainty, a power or duty may be assigned to a person or class of persons under subsection (2) regardless of whether or not the person or persons are appointed under Part III of the Public Service of Ontario Act, 2006. 2017, c. 2, Sched. 2, s. 15. Same (3) Subsection (2) applies in respect of an Act, regulation or rule of court made under the authority of the Legislature or of the Parliament of Canada.  2006, c. 21, Sched. A, s. 14. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 26 - 28/02/1995; 1998, c. 20, Sched. A, s. 22 (15) - 19/04/1999 2006, c. 21, Sched. A, s. 14 - 01/10/2007; 2006, c. 35, Sched. C, s. 20 (2) - 20/08/2007 2015, c. 27, Sched. 1, s. 1 (10, 11) - 03/12/2015 2017, c. 2, Sched. 2, s. 15 - 22/03/2017
74 Documents and other materials that are no longer required in a court office shall be disposed of in accordance with the directions of the Deputy Attorney General, subject to the approval of, (a)  in the Court of Appeal, the Chief Justice of Ontario; (b)  in the Superior Court of Justice, the Chief Justice of the Superior Court of Justice; (c)  in the Ontario Court of Justice, the Chief Justice of the Ontario Court of Justice.  2006, c. 21, Sched. A, s. 14. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 27 - 28/02/1995 2006, c. 21, Sched. A, s. 14 - 01/10/2007
75 (1) The powers and duties of a judge who has authority to direct and supervise the sittings and the assignment of the judicial duties of his or her court include the following: 1.  Determining the sittings of the court. 2.  Assigning judges to the sittings. 3.  Assigning cases and other judicial duties to individual judges. 4.  Determining the sitting schedules and places of sittings for individual judges. 5.  Determining the total annual, monthly and weekly workload of individual judges. 6.  Preparing trial lists and assigning courtrooms, to the extent necessary to control the determination of who is assigned to hear particular cases.  2006, c. 21, Sched. A, s. 14. Powers re associate judges (2) Subsection (1) applies, with necessary modifications, in respect of directing and supervising the sittings and assigning the judicial duties of associate judges. 2020, c. 11, Sched. 5, s. 4; 2021, c. 4, Sched. 3, s. 7. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 28 - 28/02/1995; 1996, c. 25, s. 1 (12) - 31/10/1996; 1998, c. 20, Sched. A, s. 22 (16) - 19/04/1999 2006, c. 21, Sched. A, s. 14 - 01/10/2007 2020, c. 11, Sched. 5, s. 4 - 08/01/2021 2021, c. 4, Sched. 3, s. 7 - 01/09/2021
76 (1) In matters that are assigned by law to the judiciary, registrars, court clerks, court reporters, interpreters and other court staff shall act at the direction of the chief justice of the court.  2006, c. 21, Sched. A, s. 14. Same (2) Court personnel referred to in subsection (1) who are assigned to and present in a courtroom shall act at the direction of the presiding judge, justice of the peace or associate judge while the court is in session.  2006, c. 21, Sched. A, s. 14; 2009, c. 33, Sched. 2, s. 20 (16); 2020, c. 11, Sched. 5, s. 5; 2021, c. 4, Sched. 3, s. 8. Section Amendments with date in force (d/m/y) 1996, c. 25, s. 1 (13) - 31/10/1996 2006, c. 21, Sched. A, s. 14 - 01/10/2007 2009, c. 33, Sched. 2, s. 20 (16) - 15/12/2009 2020, c. 11, Sched. 5, s. 5 - 08/01/2021 2021, c. 4, Sched. 3, s. 8 - 01/09/2021 Memoranda of understanding between Attorney General and Chief Justices