A, s. 22 (4) - 19/04/1999. 39 Neither party can utilize the dispute clauses to limit, or to narrow, the scope of the Commissions review as set out under paragraph 13, or the binding effect of recommendations within its scope as set out under paragraphs 27 and 28. (e) requiring any of the proceedings to be, (i) stayed until after the determination of any other of them, or. 36 The parties agree that the Commission, upon receiving notice from either party as set out in paragraph 34, shall present to the Chair of Management Board a decision with respect to the said matter, within one month of receiving such notice. (2) There shall be at least one judge of the Superior Court of Justice assigned to each county and district. R.S.O. 1994, c.12, s.8. (6) The Judicial Council shall determine who are the parties to the hearing. 2017, c. 2, Sched. (15) The regional senior judge shall consider whether the deputy judge should be compensated for all or part of his or her costs for legal services incurred in connection with all the steps taken under this section in relation to the complaint. 2, s.20 (7). (G)Chambers, Resources, and Staff.A judge should not to any substantial degree use judicial chambers, resources, or staff to engage in extrajudicial activities permitted by this Canon. (5) Once a motion under this section is made, no further steps may be taken in the proceeding by any party until the motion, including any appeal of the motion, has been finally disposed of. 1990, c.C.43, s.99. R.S.O. 1994, c.12, s.37; 1994, c.27, s.43(2). In addition, it would be a violation of Canons 2 and 2A for a judge to arrange a meeting at a club that the judge knows practices invidious discrimination on the basis of race, sex, religion, or national origin in its membership or other policies, or for the judge to use such a club regularly. 1990, c.C.43, s.23(3). 1998, c.20, Sched. 218. 1990, c.C.43, s.103 (1). (2) No person shall be appointed as Childrens Lawyer unless he or she has been a member of the bar of one of the provinces or territories of Canada for at least ten years or, for an aggregate of at least ten years, has been a member of such a bar or served as a judge anywhere in Canada after being a member of such a bar. 2009, c.33, Sched. One of the members of the Judicial Council who is a provincial judge shall be replaced by a provincial judge who was assigned to the Provincial Court (Civil Division) immediately before September 1, 1990. It is intended that both the process of decision-making and the decisions made by the Commission shall contribute to securing and maintaining the independence of the Provincial Judges. (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). 120 (1) If a defendant makes a payment to a plaintiff who is or alleges to be entitled to recover from the defendant, the payment constitutes, to the extent of the payment, a release by the plaintiff or the plaintiffs personal representative of any claim that the plaintiff or the plaintiffs personal representative or any person claiming through or under the plaintiff or by virtue of Part V of the Family Law Act ; O. Reg. As a family fiduciary a judge is subject to the following restrictions: (1) The judge should not serve if it is likely that as a fiduciary the judge would be engaged in proceedings that would ordinarily come before the judge or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which the judge serves or one under its appellate jurisdiction. 61.Omit Article 88 (processing in the context of employment). (9) If, in dismissing a proceeding under this section, the judge finds that the responding party brought the proceeding in bad faith or for an improper purpose, the judge may award the moving party such damages as the judge considers appropriate. A judge mentioned in clause (1) (a), selected by the judges mentioned in that clause. 1994, c.12, s.43(3); 1997, c.26, Sched. 1990, c.C.43, s.108 (6). 2015, c. 23, s. 3. 1994, c. 12, s. 1 - 28/02/1995; 1996, c. 25, s. 9 (17) - 19/04/1999, 2020, c. 25, Sched. 11 The parties agree that judges and public servants, as defined in the Public Service Act, shall not be members of the Commission. 2015, c. 23, s. 3. 8 (1) The Lieutenant Governor in Council may refer any question to the Court of Appeal for hearing and consideration. (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. (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. 2005/3595), 319.Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005 (S.S.I. (12) If the complaint is dismissed with a finding that it is unfounded, the Chief Justice shall recommend to the Attorney General that the associate judge be compensated for his or her costs for legal services and shall indicate the amount of compensation. 2000/414), Data Protection (Subject Access Modification) (Social Work) Order 2000 (S.I. Emphasizing the need to ensure the professional and personal development of judges and the growth of their social awareness through continuing education. 29 Where a difference arises between the Crown and the judges associations relating to the implementation of recommendations properly within the scope of issues set out in paragraph 13, except those related to pensions, the difference shall be referred to the Commission and, subject to affording the Crown and the judges associations the opportunity to make representation thereupon to the Commission, its decision is final and binding on the Crown and the judges associations. 28 The parties agree that the Commission may, within thirty days, upon application by the Crown or the judges associations made within ten days after the delivery of its recommendations and report pursuant to paragraph 15, subject to affording the Crown and the judges associations the opportunity to make representations thereupon to the Commission, amend, alter or vary its recommendations and report where it is shown to the satisfaction of the Commission that it has failed to deal with any matter properly arising from the inquiry under paragraph 13 or that an error relating to a matter properly under paragraph 13 is apparent on the report, and such decision is final and binding on the Crown and the judges associations, except those related to pensions. 1994, c.12, s.16; 1996, c.25, s.9(15,18,20). (6.2) The Chief Justice of the Ontario Court of Justice may appoint a provincial judge to be the Senior Advisory Family Judge of the Ontario Court of Justice. 2003/431 (N.I. 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. R.S.O. All judges should comply with this Code except as provided below. 3. )), 164.Terrorist Asset-Freezing etc. 1994, c.12, s.16; 1996, c.25, s.9(20). 1998, c.20, Sched. The restriction on ex parte communications concerning a proceeding includes communications from lawyers, law teachers, and others who are not participants in the proceeding. R.S.O. 16 The parties agree that the Commission shall make an annual report of its activities to the Chair of Management Board and the Chair shall table the report in the Legislature. 1994, c.12, s.8; 1996, c.31, s.65; 1999, c.6, s.18(1); 2002, c.13, s.56; 2002, c.14, Sched., s.9; 2005, c.5, s.17 (1); 2006, c.1, s.4; 2015, c. 27, Sched. 1994, c.12, s.16. (3)Organizations. 2006/2068), 322.National Assembly for Wales (Representation of the People) Order 2007 (S.I. If applicable, guidelines and rules of procedure for the purpose of subsection 51.5(13). 2000/290), Data Protection (Subject Access Modification) (Health) Order 2000 (S.I. R.S.O. (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. 1990, c.C.43, s.108 (4). 1990, c.C.43, s.107(5-7). 5. R.S.O. A person appointed under clause (2) (d), selected by the persons appointed under that clause. 2021, c. 4, Sched. 'Twelve Tables' in Simon Hornblower, Antony Spawforth, and Esther Eidinow (eds. 2021, c. 4, Sched. 44 The parties agree that all provincial judges should receive updated copies of legislation, regulations or schedules as necessary, related to compensation changes. See New York State Club Assn. (3) The Attorney General may, by regulation, prescribe the manner in which the table described in clause (2) (b) is to be published. (2) A judge appointed to the High Court of Justice before the 1st day of September, 1990 may elect to be addressed according to the practice in existence before that day. (N.I.) (4) The members of the Judicial Council participating in the hearing shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person, unless all the parties and the persons representing the parties under the authority of the Law Society Act receive notice and have an opportunity to participate. 1990, c.C.43, s.19(4); 1996, c.25, s.9(17,18). action means a civil proceeding that is not an application and includes a proceeding commenced by, (g) divorce petition or counterpetition; (action), application means a civil proceeding that is commenced by notice of application or by application; (requte), defendant means a person against whom an action is commenced; (dfendeur), motion means a motion in a proceeding or an intended proceeding; (motion), order includes a judgment or decree; (ordonnance), plaintiff means a person who commences an action; (demandeur). A, s.7. 217. 1990, c. C.43, s. 123 (6). (2) Subsection (1) applies whether or not the evidence is given or proven under oath or affirmation or admissible as evidence in any other court. (7) When an appeal is taken in a proceeding that is being conducted as a bilingual proceeding, a party who speaks French has the right to require that the appeal be heard by a judge or judges who speak English and French; in that case subsection (4) applies to the appeal, with necessary modifications. PART 2 Modifications to Chapter 2 of Part 2. 1994, c. 12, s. 26 - 28/02/1995; 1998, c. 20, Sched. 21.8 (1) In the parts of Ontario where the Family Court has jurisdiction, proceedings referred to in the Schedule to this section, except appeals and prosecutions, shall be commenced, heard and determined in the Family Court. (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. 2006, c.21, Sched. 2006, c.21, Sched. It was both a collection of the work of the legal experts and commentary on it, and a collection of new laws. 20 17, c. 20, Sched. (ii) an order from which an appeal lies to the Divisional Court under another Act; (c) a certificate of assessment of costs issued in a proceeding in the Court of Appeal, on an issue in respect of which an objection was served under the rules of court; (d) an order made under section 137.1. 2015, c. 23, s. 3. R.S.O. 1994, c.12, s.16. All the area of the County of Lincoln as it existed on the 31st day of December, 1969. ii. 2019, c. 7, Sched. (2) The Attorney General may, on behalf of the Crown in right of Ontario, enter into agreements with one or more persons or entities for the provision of mediation and information services in relation to family law matters, as specified in the agreements. R.S.O. 3, s. 10. 110 (1) Where a proceeding or a step in a proceeding is brought or taken before the wrong court, judge or officer, it may be transferred or adjourned to the proper court, judge or officer. (6) The Judicial Councils 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 judges name public. 1994, c.12, s.16; 2006, c.21, Sched. 2002, c.18, Sched. 1994, c.12, s.13. 1990, c. C.43, s. 123 (2). (12) If the complaint is against the Chief Justice of the Ontario Court of Justice, an associate chief justice of the Ontario Court of Justice or the regional senior judge who is a member of the Judicial Council, any recommendation under subsection (8)in connection with the complaint shall be made to the Chief Justice of the Superior Court of Justice, who may suspend or reassign the judge as the subcommittee recommends. 1998, c.20, Sched. (iii) hold a hearing under section 51.6. (13) Despite subsection (2), the appointment of every person who was a member of the Judicial Appointments Advisory Committee on the day before the day section 4 of Schedule 3 to the Accelerating Access to Justice Act, 2021 came into force is continued. [30] The judicial system, whether state or federal, begins with a court of first instance, is appealed to an appellate court, and then ends at the court of last resort.[31]. (4) The members hold office for three-year terms and may be reappointed. Criteria for the purpose of subsection 51.6(10). (Scotland) Act 2008 (asp 5), Borders, Citizenship and Immigration Act 2009 (c. 11), Marine and Coastal Access Act 2009 (c. 23). 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. 2, s.20 (11). 1994, c.12, s.8; 2009, c.33, Sched. R.S.O. (2), (3) Repealed: 2017, c. 2, Sched. 1990, c.C.43, s.36(3); 1996, c.25, s.9(18). 1990, c.C.43, s.107(2); 1996, c.25, s.9(17). It may also provide standards of conduct for application in proceedings under the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980 (28 U.S.C. (7) The Chief Justice of the Ontario Court of Justice may hold meetings with the associate chief justices, the regional senior judges of the Ontario Court of Justice and the Senior Advisory Family Judge in order to consider any matters concerning sittings of the Ontario Court of Justice and the assignment of its judicial duties. 65 (1) The committee known as the Civil Rules Committee is continued under the name Civil Rules Committee in English and Comit des rgles en matire civile in French. Representation of the People Act 1983 (c. 2). (1) Schedule 8 (access to marked registers and other documents Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (S.I. 193.In section 13(5) (duty to notify National Crime Agency about 194.In section 25(1) (interpretation of this Act), at the appropriate 195.In paragraph 18(5) of Schedule 3 (supply of information to 196.Justice Act (Northern Ireland) 2015 (c. 9 (N.I. 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. 4. (11), (12) Repealed: 2017, c. 20, Sched. 2021, c. 4, Sched. (3) The Judicial Councils rules of procedure established under subsection 51.1(1) apply to the hearing. (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. (5) Where an order is made under this section, the party examined shall answer the questions of the examining health practitioner relevant to the examination and the answers given are admissible in evidence. (2) The Lieutenant Governor in Council may make regulations prescribing regions for the purposes of this Act. Functions of the judiciary in different law systems, Crawford, M.H. A, s.3. 1994, c.12, s.43(3); 1997, c.26, Sched. (19) The Attorney General shall pay compensation to the judge in accordance with the recommendation. (5) The Senior Advisory Family Judge of the Ontario Court of Justice shall. (2) Subsection (1) does not apply to fees payable to court reporters under the Administration of Justice Act. 2015, c. 27, Sched. 1990, c.C.43, s.131(2); 1994, c.12, s.45. 1994, c.12, s.8. (2) The Chief Justice, with the Attorney Generals 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 50 per cent of full-time service in a calendar year. 2, s. 5. 2009, c.33, Sched. 2020, c. 11, Sched. 1994, c.12, s.16. 3, s. 11 (3). R.S.O. 132 A judge shall not sit as a member of a court hearing an appeal from his or her own decision. 1990, c.C.43, s.18(1); 1996, c.25, s.9(17). 1994, c.12, s.43(3); 1997, c.26, Sched. 1994, c.12, s.8. R.S.O. 2009, c.33, Sched. (7) Where an order is made under subsection (3), (4) or (6) for the rehearing of a matter, the chief judge may. 16.The chief officer of (a) a body of constables appointed 17.A body established in accordance with a collaboration agreement under 18.The Director General of the Independent Office for Police Conduct. 19.The Police Investigations and Review Commissioner. (12) Subsection (10) does not apply if the regional senior judge is satisfied that making an order would impose undue hardship on the person responsible for accommodating the judges needs, considering the cost, outside sources of funding, if any, and health and safety requirements, if any. 1990, c.C.43, s.92. (6) If the Judicial Council does not approve a Chief Justices or associate chief justices 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). FAQs: Filing a Judicial Conduct or Disability Complaint Against a Federal Judge, Archives of the Committee on Judicial Conduct and Disability, Judicial Panel on Multidistrict Litigation Fees, Federal Court Interpreter Certification Examination, National Court Interpreter Database (NCID) Gateway, Transfer of Excess Judiciary Personal Property, Electronic Public Access Public User Group, Statistical Tables for the Federal Judiciary, Journalists Guide to the Federal Courts, Judiciary Conferences That Cost More Than $100,000, Long Range Plan for Information Technology, Proposed Amendments Published for Public Comment, Laws and Procedures Governing the Work of the Rules Committees, How to Suggest a Change to Federal Court Rules and Forms, How to Submit Input on a Pending Proposal, Open Meetings and Hearings of the Rules Committee, Permitted Changes to Official Bankruptcy Forms, Congressional and Supreme Court Rules Packages, Preliminary Drafts of Proposed Rule Amendments, Confidentiality Regulations for Pretrial Services Information, Proposed changesto the Code of Conduct for U.S. (17) Subsection (15) applies only to information and documents that have been treated as confidential or were prepared exclusively for the committee, or for submission to the committee, in relation to its investigation. 2006, c.21, Sched. 3. (1) Regulation 92(2) (interpretation of Part VI etc) is amended 273.In regulation 95(3)(b)(i) (restriction on use of the full register), 274.In regulation 96(5) and (6) (supply of free copy of 275.In regulation 98(6) and (7) (supply of free copy of 276.In regulation 108A(9) and (10) (supply of full register to 277.In regulation 119(2) (conditions on the use, supply and disclosure 278.Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 (S.I. (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 Committees criteria for recommendation, and, (ii) provide the Attorney General with an explanation as to why six candidates have not been recommended; or. A judge may: (a) initiate, permit, or consider ex parte communications as authorized by law; (b) when circumstances require it, permit ex parte communication for scheduling, administrative, or emergency purposes, but only if the ex parte communication does not address substantive matters and the judge reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication; (c) obtain the written advice of a disinterested expert on the law, but only after giving advance notice to the parties of the person to be consulted and the subject matter of the advice and affording the parties reasonable opportunity to object and respond to the notice and to the advice received; or. 64.Omit Article 91 (existing data protection rules of churches and 65.Chapter X of the GDPR (delegated acts and implementing acts). R.S.O. 2003/2818). (g) recommend to the Attorney General that the judge be removed from office in accordance with section 51.8. 2006, c. 21, Sched. WebFormal theory. health practitioner means a person licensed to practise medicine or dentistry in Ontario or any other jurisdiction, a member of the College of Psychologists of Ontario or a person certified or registered as a psychologist by another jurisdiction. (7) Where some substantial wrong or miscarriage of justice has occurred but it affects only part of an order or decision or some of the parties, a new trial may be ordered in respect of only that part or those parties. 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, 2017, c. 2, Sched. (2) On a partys request, the court shall provide a translation into English or French of a document described in paragraph 1 or 2 of subsection (1) that is written in the other language. (1.0.1) Clauses (1) (a) and (b) do not apply to orders made under section 137.1. (a) fixing the number of judges of the Superior Court of Justice for the purpose of clause 12 (1) (e); (a.1) fixing the number of judges of the Superior Court of Justice who are members of the Family Court appointed under clause 21.2 (1) (e); (a.2) fixing the remuneration of provincial judges; (a.3) providing for the benefits to which provincial judges are entitled, including benefits respecting, (ii) sick leave credits and payments in respect of those credits, and. 27 The recommendations of the Commission under paragraph 13, except those related to pensions, shall come into effect on the first day of April in the year following the year the Commission began its inquiry, except in the case of salary recommendations which shall come into effect on the first of April in the year in which the Commission began its inquiry and shall have the same force and effect as if enacted by the Legislature and are in substitution for the provisions of any schedule made pursuant to this Agreement and shall be implemented by the Lieutenant Governor in Council by order-in-council within sixty days of the delivery of the Commissions report pursuant to paragraph 15. (1) Regulation 2 (interpretation) is amended as follows. 1998, c.20, Sched. 1990, c.C.43, s.98; 1993, c.27, Sched. 15, s. 8 (1) - 08/05/2018. 3, s. 4. Section Amendments with date in force (d/m/y), 2006, c. 21, Sched. 43). 2004/3391), 61.Environmental Information (Scotland) Regulations 2004 (S.S.I. 1(9), 9(17); 1998, c.18, Sched. (f) any other factor which it considers relevant to the matters in issue. 1994, c.12, s.13. 1993, c. 27, Sched. (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. A, s.17. The duty to hear all proceedings fairly and with patience is not inconsistent with the duty to dispose promptly of the business of the court. (4) Unless otherwise provided, a court to which an appeal is taken may, in a proper case. (4) If the complaint is not dismissed under subsection (3), the subcommittee shall conduct such investigation as it considers appropriate. (4) Where a proceeding is tried with a jury, the jury shall be composed of six persons selected in accordance with the Juries Act. 329.In regulation 2 (interpretation), at the appropriate place insert the 330.In regulation 10(2) (duties of Boards of Governors), for documents 331.Representation of the People (Northern Ireland) Regulations 2008 (S.I. 1, s. 1 (9); 2018, c. 8, Sched. 2006, c.21, Sched. (3) The Family Court has the jurisdiction conferred on it by this or any other Act. 224), 383.Control of Poisons and Explosives Precursors Regulations 2015 (S.I. 423. (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. (9) If the complaint involves allegations of sexual misconduct or sexual harassment, the Judicial Council shall, at the request of a complainant or of another witness who testifies to having been the victim of similar conduct by the judge, prohibit the publication of information that might identify the complainant or witness, as the case may be. 36 (1) The Chief Justice of the Ontario Court of Justice shall direct and supervise the sittings of the Ontario Court of Justice and the assignment of its judicial duties. 1994, c.12, s.8. 2015, c. 23, s. 2. International role. (1) Regulation 4 (relationship between these Regulations and the Data 294.Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. R.S.O. 79.1 (1) For administrative purposes related to the administration of justice in the province, Ontario is divided into the regions prescribed under subsection (2). 3. R.S.O. His objective was an accurate rendering of Mr. Bastiat's words and ideas into twentieth century, idiomatic English. The chief constable of the British Transport Police. 2, s. 5. B, s. 6 - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011. 2016, c. 5, Sched. (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. The Prisoner Ombudsman for Northern Ireland. 9 The parties agree that the members of the Commission may be reappointed when their term of office expires. F, Table. In article 11(4) (exercise of powers by UK immigration officers Pupils Educational Records (Scotland) Regulations 2003 (S.S.I. 2d 1 (1988); Board of Directors of Rotary International v. Rotary Club of Duarte, 481 U.S. 537, 107 S. Ct. 1940, 95 L. Ed. In section 18 (the Information Commissioner), omit subsection (1). 2015, c. 23, s. 3. Because it is not practicable to list all prohibited acts, the prohibition is necessarily cast in general terms that extend to conduct by judges that is harmful although not specifically mentioned in the Code. 2017, c. 20, Sched. 5 (1) The Chief Justice of Ontario has general supervision and direction over the sittings of the Court of Appeal and the assignment of the judicial duties of the court. 2, s.20 (11). (5) The completion of any portion of a term during which a person serving as Small Claims Court Administrative Judge is over 64 years of age and under 75 years of age is subject to the annual approval of the Chief Justice of the Superior Court of Justice. 1990, c. C.43, s. 123 (3). 2021, c. 4, Sched. 2, s.20(15); 2015, c. 27, Sched. (1) Regulation 92(2) (interpretation and application of Part VI etc) 259.In regulation 96(2A)(b)(i) (restriction on use of the full register), 260.In regulation 97(5) and (6) (supply of free copy of 261.In regulation 97A(7) and (8) (supply of free copy of 262.In regulation 99(6) and (7) (supply of free copy of 263.In regulation 109A(9) and (10) (supply of free copy of 264.In regulation 119(2) (conditions on the use, supply and disclosure 265.Representation of the People (Scotland) Regulations 2001 (S.I. 2006, c. 21, Sched. 373(c)(5) and (d). 2, s. 5. (c) with the consent of the parties and witnesses, for such educational or instructional purposes as the judge approves. R.S.O. 2, s. 18. (2) The Family Court may enforce orders made by the Provincial Court (Family Division), the Ontario Court of Justice, the Superior Court of Justice or the Unified Family Court. 4. (5) A judges 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. (3) In a motion or proceeding for an injunction to restrain a person from an act in connection with a labour dispute, the court must be satisfied that reasonable efforts to obtain police assistance, protection and action to prevent or remove any alleged danger of damage to property, injury to persons, obstruction of or interference with lawful entry or exit from the premises in question or breach of the peace have been unsuccessful. B, s.4(3). 30 The parties agree that the recommendations with respect to pensions, or any reconsideration under paragraph 28 of a matter relating to pensions, shall be presented to the Management Board of Cabinet for consideration. 1994, c.12, s.8. 1990, c.C.43, s.102 (9). 2006, c.21, Sched. A, s.10 (3). (b) who is or was a member of the Committee within the previous three years. 406.For Schedule 2 substitute SCHEDULE 2 Information Commissioners enforcement powers 407.Court Files Privileged Access Rules (Northern Ireland) 2016 (S.R. (a) the Chief Justice of Ontario, who shall be president of the court; (b) the Associate Chief Justice of Ontario; and. 6 (1) An appeal lies to the Court of Appeal from. 57.In section 18 (the Information Commissioner), omit subsection (1). (a) the regional senior judge of the Superior Court of Justice, the regional senior judge of the Ontario Court of Justice and, in a region where the Family Court has jurisdiction, a judge chosen by the Chief Justice of the Superior Court of Justice; (b) the regional director of courts administration for the Ministry of the Attorney General and the regional director of Crown attorneys; (c) two lawyers appointed jointly by the presidents of the county and district law associations in the region; and. 1. 1994, c.12, s.13. 1994/1405), European Primary and Specialist Dental Qualifications Regulations 1998 (S.I. 1, s. 1 (1) - 03/12/2015. 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. Appeal to be heard as soon as practicable. Assisting in the assignment of judges. 21.4 Repealed: 1998, c.20, Sched. (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. (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. 3, s. 11 (10). (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. For Schedule 2 substitute SCHEDULE 2 Information Commissioners enforcement powers Court Files Privileged Access Rules (Northern Ireland) 2016 (S.R. 2018, c. 17, Sched. 1997, c.23, s.5; 1996, c.25, s.9(12); 2000, c.26, Sched. Canon 3B(6). (1) Schedule 10 (access to marked registers and other documents 370.Data Protection (Processing of Sensitive Personal Data) Order 2012 (S.I. (1) This paragraph applies to personal data falling within any 9.Exemption from the listed GDPR provisions: data processed by a court, 10.Exemption from the listed GDPR provisions: data subjects expectations and wishes, 11.Exemption from Article 15 of the GDPR: serious harm, 12.Restriction of Article 15 of the GDPR: prior opinion of Principal Reporter. 400. (1.1) This section also applies, with necessary modifications, in respect of deputy judges and associate judges. (14) This section applies to all proceedings in which a final judgment at trial or final settlement has not been made on the day the Access to Justice Act, 2006 receives Royal Assent. (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. 12 The parties agree that the members of the Commission shall be paid the remuneration fixed by the Management Board of Cabinet and, subject to Management Boards approval, the reasonable expenses actually incurred in carrying out their duties. 2017, c. 20, Sched. 2003/2450), 59.Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 79.1 (1) For administrative purposes related to the administration of justice in the province, Ontario is divided into the regions prescribed under subsection (2). Legal Cost Adjudicators Register of Determinations, Terms and Conditions for using Courts Service Online (CSOL). (7) 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 Deputy Judges Council. (2) There shall be such additional offices of judge of the Superior Court of Justice as are from time to time required, to be held by Chief Justices of the Superior Court of Justice, Associate Chief Justices of the Superior Court of Justice and regional senior judges of the Superior Court of Justice who have elected under the Judges Act (Canada) to perform only the duties of a judge of the Superior Court of Justice. 3, s. 12 (1). 1, s. 1 (14); 2020, c. 11, Sched. Certain provisions of this Code apply to special masters and commissioners as indicated in the Compliance section. (b) the regional senior judge dismisses the complaint or makes a disposition under clauses (8)(a), (b), (c), (d), (e) or (g). A, s.10 (3). (2) Nothing in this section precludes the defendant making the payment from demanding, as a condition precedent to such payment, a release from the plaintiff or the plaintiffs personal representative or any other person to the extent of such payment. 2, s.20 (14). If applicable, criteria for the purpose of subsection 51.5(2). This number has been changed several times. 2. (5) A rule made under this section may be general or particular in its application. (2) If the Judicial Council holds a hearing into the complaint, its consideration of the question of compensation shall be combined with the hearing. 2, s. 12; 2018, c. 8, Sched. (2) Subsection (1) does not apply to fees payable to court reporters under the Administration of Justice Act. 1990, c.C.43, s.111. (4) On payment of the prescribed fee, a person is entitled to a copy of any document the person is entitled to see. R.S.O. 2021, c. 4, Sched. A judge should hold court personnel under the judges direction to similar standards. WebYour grandparents probably enjoyed playing intonga, kho-kho or jukskei when they were young. (a) the case is otherwise a proper one for the granting of an interim injunction; (b) notice as required by subsection (6) could not be given because the delay necessary to do so would result in irreparable damage or injury, a breach of the peace or an interruption in an essential public service; (c) reasonable notification, by telephone or otherwise, has been given to the persons to be affected or, where any of such persons are members of a labour organization, to an officer of that labour organization or to the person authorized under section 94 of the Labour Relations Act, 1995 to accept service of process under that Act on behalf of that labour organization or trade union, or where it is shown that such notice could not have been given; and. 2002, c. 14, Sched., s. 9; 2002, c. 17, Sched. 1(9), 9(17); 1998, c.18, Sched. 2011/1942 (W.209)), Debt Arrangement Scheme (Scotland) Regulations 2011 (S.S.I. R.S.O. 2. (2) Repealed: 2009, c.33, Sched. (6) The functions of the Deputy Judges Council are. (2) Subsection (1) applies, with necessary modifications, in respect of directing and supervising the sittings and assigning the judicial duties of associate judges. (4) In a judges performance evaluation, a decision made in a particular case shall not be considered. Interest on orders originating outside Ontario. 1990, c.C.43, s.132. (5) The completion of any portion of a term during which a person serving as Small Claims Court Administrative Judge is over 64 years of age and under 75 years of age is subject to the annual approval of the Chief Justice of the Superior Court of Justice. 2006, c.21, Sched. 1994, c.12, s.13. R.S.O. If the public comment involves a case from the judges own court, the judge should take particular care so that the comment does not denigrate public confidence in the judiciarys integrity and impartiality, which would violate Canon 2A. 2018/66). (8) Until and subject to the first recommendations of the Provincial Judges Remuneration Commission respecting the Small Claims Court Administrative Judge, he or she is entitled to receive the same salary, pension benefits, other benefits and allowances a provincial judge receives under the framework agreement. 1990, c.C.43, s.108 (10). (12.3) If a complainants motion for leave to appeal is dismissed, the Court of Appeal shall recommend to the Attorney General that the associate judge be compensated for his or her costs for legal services and shall indicate the amount of compensation. 1990, c.C.43, s.138. (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. (4) Subsections (1) to (3) do not prevent the temporary assignment of a judge to a location anywhere in Ontario. Any other family law proceedings that may be prescribed by the regulations. A judge may consult with or appear at a public hearing before an executive or legislative body or official: (a)on matters concerning the law, the legal system, or the administration of justice; (b)to the extent that it would generally be perceived that a judges judicial experience provides special expertise in the area; or. 1990, c.C.43, s.131(1). (12) Subsection (10) does not apply if the regional senior judge is satisfied that making an order would impose undue hardship on the person responsible for accommodating the judges needs, considering the cost, outside sources of funding, if any, and health and safety requirements, if any. 1990, c.C.43, s.91. (a) draw inferences of fact from the evidence, except that no inference shall be drawn that is inconsistent with a finding that has not been set aside; (b) receive further evidence by affidavit, transcript of oral examination, oral examination before the court or in such other manner as the court directs; and. (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. (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. (a) money payable on the mortgage is promptly paid; (b) the mortgaged property is kept properly insured; and. 1990, c.C.43, s.108 (7). 1996, c.25, s.9(3). 1990, c.C.43, s.37(2). A, s.1(2). 3 (1) The Court of Appeal shall consist of. 4, s. 3 (1). A, s.4(4); 2021, c. 4, Sched. 4. 2018/480), National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 (S.S.I. 134 (1) Unless otherwise provided, a court to which an appeal is taken may. Working as a lawyer generally 441/97, s. 1; 2002, c. 17, Sched. 5, s. 6 (1-3) - 01/09/2021; 2020, c. 11, Sched. R.S.O. 1994, c.12, s.16. R.S.O. The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. 1990, c.C.43, s.21(2); 1996, c.25, s.9(14); 2017, c. 2, Sched. A, s.4(1). (d) to reduce the risk that participation by the public in debates on matters of public interest will be hampered by fear of legal action. In Article 59 (activity reports) (a) for , the government Chapter VII of the GDPR (co-operation and consistency), Chapter VIII of the GDPR (remedies, liability and penalties). R.S.O. 43 The parties agree that all provincial judges should be made aware of any changes to their compensation package as a result of recommendations of the Commission. R.S.O. 2, s. 2. 26 A party may be represented in a proceeding in the Small Claims Court by a person authorized under the Law Society Act to represent the party, but the court may exclude from a hearing anyone, other than a person licensed under the Law Society Act, appearing on behalf of the party if it finds that such person is not competent properly to represent the party, or does not understand and comply at the hearing with the duties and responsibilities of an advocate. A, s.14. (1) Regulation 2 (interpretation) is amended as follows. (2) An action in the Superior Court of Justice may be transferred to the Small Claims Court by the local registrar of the Superior Court of Justice on requisition with the consent of all parties filed before the trial commences if, (a) the only claim is for the payment of money or the recovery of possession of personal property; and. The Code is to be construed so it does not impinge on the essential independence of judges in making judicial decisions. 2006, c.21, Sched. (5) Nothing in this section affects the authority of the Small Claims Court to order, hear and determine contempt hearings where it is otherwise authorized by law. R.S.O. A, s.14. 3, s. 14. 54-64, Sched.) 2021, c. 4, Sched. 1998, c.20, Sched. )), 206.Mental Capacity Act (Northern Ireland) 2016 (c. 18 (N.I. A, s.14; 2009, c.33, Sched. In paragraph 77(2)(b) (conditions on the use, supply and disclosure Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 (S.I. 2017, c. 20, Sched. A, s.5(2). (2) The Deputy Judges Council is composed of. (9.5) On the filing of a notice of appeal, the imposition of any sanction is stayed until the final disposition of the appeal. region means a region prescribed under section 79.1. 1990, c.C.43, s.4(2); 1996, c.25, s.9(17). (18) The Judicial Council shall consider, in private, every complaint referred to it by the subcommittee, and may, (c) refer the complaint to the Chief Justice, with or without imposing conditions as referred to in subsection (15); or. 135. 168. It forms the first part of the collection of six legal texts, which together became known as the Corpus Juris Canonici. 3. 2002, c.18, Sched. 2, s.20 (1). R.S.O. 1990, c.C.43, s.140(1); 1996, c.25, s.9(17). A, s.5. 1998, c. 20, Sched. 2017, c. 2, Sched. 1996, c.25, s.1(18); 2021, c. 4, Sched. 2, s.20 (8). R.S.O. 15. 2, s. 20 (11) - 01/07/2010, 2015, c. 27, Sched. 3. (3) Where a person against whom an order under subsection (1) has been made seeks leave to institute or continue a proceeding, the person shall do so by way of an application in the Superior Court of Justice. 151 (1) A reference in this Act or any other Act, rule or regulation to a county or district for judicial purposes is deemed to be a reference to the corresponding area that, for municipal or territorial purposes, comprises the county, district, union of counties or regional, district or metropolitan municipality. The Canadian Free Trade Agreement, signed in 2017 by the governments of Canada and the provinces and territories of Canada, as amended from time to time. 51.5 (1) The Judicial Council may establish a mediation process for complainants and for judges who are the subject of complaints. 2015, c. 23, s. 3. 2006, c.21, Sched. 17 An appeal lies to the Superior Court of Justice from. 1994, c.12, s.35; 1996, c.25, s.9(14,17,18,20). R.S.O. 8 (1) The Lieutenant Governor in Council may refer any question to the Court of Appeal for hearing and consideration. (5)Practice of Law. A, s.6. (4) If the Chief Justice of the Superior Court of Justice is absent from Ontario or is for any reason unable to act, his or her powers and duties shall be exercised and performed by the Associate Chief Justice of the Superior Court of Justice. 1998/811). (a) dispose of the costs of the original hearing or refer the question of those costs to the judge or judges presiding at the rehearing; (b) direct that the rehearing be conducted on the transcript of evidence taken at the original hearing, subject to the discretion of the court at the rehearing to recall a witness or require further evidence; and. (1) Regulation 39 (sensitive information) is amended as follows. (8) The Attorney General shall pay compensation to the judge in accordance with the recommendation. 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