11.1 (1) When a hearing is ordered under subsection 11 (15), the chair of the Review Council shall establish a hearing panel from among the members of the Review Council to hold a hearing in accordance with this section.  2006, c. 21, Sched. B, s. 10. Composition (2) A hearing panel shall be composed of, (a)  a judge who shall chair the panel; (b)  a justice of the peace; and (c)  a member who is a judge, a lawyer or a member of the public.  2006, c. 21, Sched. B, s. 10. Quorum (3) All the members of the panel constitute a quorum.  2006, c. 21, Sched. B, s. 10. Application of SPPA (4) The Statutory Powers Procedure Act, except sections 4 and 28, applies to the hearing.  2006, c. 21, Sched. B, s. 10. Rules of procedure (5) The rules of procedure established under subsection 10 (1) apply to the hearing.  2006, c. 21, Sched. B, s. 10. Communication re subject-matter of hearing (6) The members of the panel participating in the hearing shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any party, counsel, agent or other person, unless all the parties and their counsel or agents receive notice and have an opportunity to participate.  2006, c. 21, Sched. B, s. 10. Exception (7) Subsection (6) does not preclude the Review Council from engaging counsel to assist the panel in accordance with subsection 8 (15).  2006, c. 21, Sched. B, s. 10. Parties (8) The panel shall determine who are the parties to the hearing.  2006, c. 21, Sched. B, s. 10. Orders prohibiting publication (9) If the complaint involves allegations of sexual misconduct or sexual harassment, the panel shall, at the request of a complainant or of a witness who testifies to having been the victim of such conduct by the justice of the peace, prohibit the publication of information that might identify the complainant or witness, as the case may be.  2006, c. 21, Sched. B, s. 10. Dispositions (10) After completing the hearing, the panel may dismiss the complaint, with or without a finding that it is unfounded or, if it upholds the complaint, it may, (a)  warn the justice of the peace; (b)  reprimand the justice of the peace; (c)  order the justice of the peace to apologize to the complainant or to any other person; (d)  order that the justice of the peace take specified measures, such as receiving education or treatment, as a condition of continuing to sit as a justice of the peace; (e)  suspend the justice of the peace with pay, for any period; (f)  suspend the justice of the peace without pay, but with benefits, for a period up to 30 days; or (g)  recommend to the Attorney General that the justice of the peace be removed from office in accordance with section 11.2.  2006, c. 21, Sched. B, s. 10. Same (11) The panel may adopt any combination of the dispositions set out in clauses (10) (a) to (f).  2006, c. 21, Sched. B, s. 10. Disability (12) If the panel finds that the justice of the peace 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, it shall order that the justice of the peace’s needs be accommodated to the extent necessary to enable him or her to perform those duties.  2006, c. 21, Sched. B, s. 10. Application of subs. (12) (13) Subsection (12) applies if, (a)  the effect of the disability on the justice of the peace’s performance of the essential duties of the office was a factor in the complaint; and (b)  the panel dismisses the complaint or makes a disposition under clauses (10) (a) to (f).  2006, c. 21, Sched. B, s. 10. Undue hardship (14) Subsection (12) does not apply if the panel is satisfied that making an order would impose undue hardship on the person responsible for accommodating the justice of the peace’s needs, considering the cost, outside sources of funding, if any, and health and safety requirements, if any.  2006, c. 21, Sched. B, s. 10. Opportunity to participate (15) The panel shall not make an order under subsection (12) against a person without ensuring that the person has had an opportunity to participate and make submissions.  2006, c. 21, Sched. B, s. 10. Crown bound (16) An order made under subsection (12) binds the Crown.  2006, c. 21, Sched. B, s. 10. Compensation (17) The panel shall consider whether the justice of the peace should be compensated for all or part of the cost of legal services incurred in connection with all the steps taken under section 11 and this section in relation to the complaint. 2020, c. 11, Sched. 12, s. 2 (1). Recommendation (17.1) If the panel is of the opinion that the justice of the peace should be compensated, the panel shall make a recommendation to that effect, indicating the amount of compensation. 2020, c. 11, Sched. 12, s. 2 (1). Exception (17.2) If the panel makes a recommendation under clause (10) (g) in relation to a complaint made on or after the day subsection 2 (1) of Schedule 12 to the Smarter and Stronger Justice Act, 2020 comes into force, subsection (17) does not apply and compensation shall not be recommended under subsection (17.1). 2020, c. 11, Sched. 12, s. 2 (1). Maximum (18) The amount of compensation recommended under subsection (17.1) 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. 2020, c. 11, Sched. 12, s. 2 (1). Report to Attorney General (19) The panel may make a report to the Attorney General about the complaint, investigation, hearing and disposition, subject to any order made under subsection 8 (18), and the Attorney General may make the report public if of the opinion that this would be in the public interest.  2006, c. 21, Sched. B, s. 10. Non-identification of persons (20) A complainant or witness at whose request an order was made under subsection (9) shall not be identified in the report.  2006, c. 21, Sched. B, s. 10. Continuing publication ban (21) If an order was made under subsection (9) and the panel dismisses the complaint with a finding that it was unfounded, the justice of the peace shall not be identified in the report without his or her consent and the panel shall order that information that relates to the complaint and might identify the justice of the peace shall never be made public without his or her consent.  2006, c. 21, Sched. B, s. 10. (22) Repealed: 2020, c. 11, Sched. 12, s. 2 (2). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. B, s. 10 - 01/01/2007 2020, c. 11, Sched. 12, s. 2 (1, 2) - 08/07/2020