O. Reg. 319/00: JUSTICES OF THE PEACE REMUNERATION COMMISSION

Justices of the Peace Act
Loi sur les juges de paix

ONTARIO REGULATION 319/00

JUSTICES OF THE PEACE REMUNERATION COMMISSION

Historical version for the period June 2, 2000 to June 18, 2009.

No amendments.

This Regulation is made in English only.

Definitions

1. (1) In this Regulation,

“associations” means one or more associations representing justices of the peace of Ontario and recognized as such by the Chair of the Management Board of Cabinet;

“Commission” means the Justices of the Peace Remuneration Commission established pursuant to subsection 21.1 (2) of the Act. O. Reg. 319/00, s. 1 (1).

(2) For the purposes of section 21.1 of the Act and this Regulation,

“remuneration” includes salaries, pensions and benefits. O. Reg. 319/00, s. 1 (2).

Composition and Administration of Commission

2. (1) The Commission shall be composed of the following persons appointed by the Lieutenant Governor in Council:

1. One person selected by the associations.

2. One person selected by the Chair of the Management Board of Cabinet.

3. One person selected jointly by the associations and by the Chair of the Management Board of Cabinet, who shall be the chair of the Commission. O. Reg. 319/00, s. 2 (1).

(2) If the associations and the Chair of the Management Board of Cabinet are unable to agree on a person to be selected as the chair of the Commission by the first day of the month after the month in which appointments are to commence, as provided in subsection (4), the Chief Justice of the Superior Court of Justice shall, upon the request of the associations or the Chair of the Management Board of Cabinet, select the chair of the Commission from a list of up to three persons provided by the associations and a list of up to three persons provided by the Chair of the Management Board of Cabinet. O. Reg. 319/00, s. 2 (2).

(3) A justice of the peace or a public servant, as defined in the Public Service Act, may not be a member of the Commission. O. Reg. 319/00, s. 2 (3).

(4) The appointments under subsection (1), except for the appointments of the first members of the Commission, shall commence on October 1, 2001 and on October 1 in every third year thereafter. O. Reg. 319/00, s. 2 (4).

(5) The term of office for the members of the Commission appointed on and after October 1, 2001 is three years, and members, including the first members of the Commission, are eligible for reappointment. O. Reg. 319/00, s. 2 (5).

(6) Despite subsection (5), the term of office of the first members of the Commission expires on September 30, 2001. O. Reg. 319/00, s. 2 (6).

(7) In the event of a vacancy on the Commission, a replacement shall be selected under paragraph 1, 2 or 3 of subsection (1), as appropriate, within 30 days of the vacancy occurring and the Lieutenant Governor in Council shall, within 90 days after being notified of the selection, appoint the selected person to the Commission for the remainder of the term of the person being replaced. O. Reg. 319/00, s. 2 (7).

(8) If the associations and the Chair of the Management Board of Cabinet are unable to agree on a person to be selected as replacement for the chair of the Commission within 60 days of the vacancy occurring, subsection (2) applies to the selection of the replacement chair, with necessary modifications. O. Reg. 319/00, s. 2 (8).

(9) Members of the Commission shall be paid remuneration fixed by the Chair of the Management Board of Cabinet and, subject to the Chair of the Management Board of Cabinet’s approval, reasonable expenses actually incurred in carrying out their duties. O. Reg. 319/00, s. 2 (9).

3. The Commission may retain support services and professional services, including the services of counsel, as the Commission considers necessary and subject to the approval of the Chair of the Management Board of Cabinet. O. Reg. 319/00, s. 3.

Inquiries, Recommendations, Reports

4. (1) The Commission shall conduct an inquiry into the remuneration of justices of the peace and shall make recommendations for the remuneration of justices of the peace for the three-year period beginning April 1, 2002 and ending March 31, 2005 and for every three-year period thereafter. O. Reg. 319/00, s. 4 (1).

(2) Despite subsection (1), the first members of the Commission shall make recommendations for the remuneration of justices of the peace for the six-year period beginning April 1, 1996 and ending March 31, 2002. O. Reg. 319/00, s. 4 (2).

(3) The first members of the Commission shall submit a report containing its recommendations for the remuneration of justices of the peace for the six-year period that it considered to the Chair of the Management Board of Cabinet on or before the day that is six months after their appointments commence. O. Reg. 319/00, s. 4 (3).

(4) The Commission shall thereafter submit a report containing its recommendations for the remuneration of justices of the peace for the three-year period that it considered to the Chair of the Management Board of Cabinet on or before April 1, 2002 and on or before April 1 in every third year thereafter. O. Reg. 319/00, s. 4 (4).

(5) The Commission may include in a report it makes under this section recommendations to improve its structure and processes. O. Reg. 319/00, s. 4 (5).

5. (1) The Chair of the Management Board of Cabinet may at any time refer any matter respecting the remuneration of justices of the peace to the Commission and the Commission shall conduct an inquiry into such matter and submit a report containing its recommendations to the Chair of the Management Board of Cabinet. O. Reg. 319/00, s. 5 (1).

(2) The Commission shall submit its report on or before the date specified, after consultation with the Commission, by the Chair of the Management Board of Cabinet. O. Reg. 319/00, s. 5 (2).

6. (1) In this section,

“parties” means the Government of Ontario and the associations. O. Reg. 319/00, s. 6 (1).

(2) In conducting an inquiry under section 4 or 5, the Commission shall consider written and oral submissions by the parties, as it considers appropriate, and may consider written and oral submissions from other interested persons and groups, as it considers appropriate. O. Reg. 319/00, s. 6 (2).

(3) Each of the parties shall give the other parties a copy of their written submissions and each of the parties is entitled to make a written submission to the Commission in reply. O. Reg. 319/00, s. 6 (3).

(4) Each of the parties is entitled to make an oral submission to the Commission in reply to the oral submissions of the other parties. O. Reg. 319/00, s. 6 (4).

(5) The parties are entitled,

(a) to be present at a hearing when each of the other parties or any other interested person or group presents an oral submission to the Commission;

(b) to receive copies of the written submissions of any other interested persons or groups. O. Reg. 319/00, s. 6 (5).

(6) The Commission may exclude any person who is not one of the parties from a hearing while any of the parties is presenting an oral submission to the Commission. O. Reg. 319/00, s. 6 (6).

(7) The parties may designate one or more persons to act on their behalf at an inquiry by the Commission. O. Reg. 319/00, s. 6 (7).

7. In developing its recommendations under subsections 4 (1) and (2) and section 5, the Commission shall consider the following criteria:

1. The laws of Ontario.

2. The need to provide fair and reasonable remuneration to justices of the peace.

3. The economic conditions in the province, as demonstrated by indicators such as the provincial inflation rate.

4. Recent Ontario public sector compensation trends.

5. The growth or decline in per capita income.

6. The financial policies and priorities of the Government of Ontario.

7. The principles of compensation theory and practice in Canada. O. Reg. 319/00, s. 7.

8. (1) The Chair of the Management Board of Cabinet may, upon the request of the Commission, extend the time by which the Commission must submit its report under section 4 or 5, if the Chair of the Management Board of Cabinet is satisfied that there are reasonable grounds for doing so. O. Reg. 319/00, s. 8 (1).

(2) The extension shall not be longer than three months unless the associations agree to a longer extension. O. Reg. 319/00, s.8 (2).

Determination of Remuneration

9. (1) The Chair of the Management Board of Cabinet shall submit each of the Commission’s reports made under section 4 to the Lieutenant Governor in Council and shall then table the report in the Assembly if it is in session or, if not, within 15 days after the commencement of the next session. O. Reg. 319/00, s. 9 (1).

(2) The Chair of the Management Board of Cabinet may also submit a report made by the Commission under section 5 to the Lieutenant Governor in Council. O. Reg. 319/00, s. 9 (2).

10. (1) In determining the remuneration that justices of the peace are entitled to receive, the Lieutenant Governor in Council shall give full consideration to, but is not bound by, the reports of the Commission submitted to it by the Chair of the Management Board of Cabinet. O. Reg. 319/00, s. 10 (1).

(2) Subject to subsection (3), the Lieutenant Governor in Council shall give the Commission its response to the recommendations made in a report of the Commission submitted under section 4, other than recommendations made under subsection 4 (5), with reasonable dispatch, and no later than six months after the report was submitted to the Chair of the Management Board of Cabinet. O. Reg. 319/00, s. 10 (2).

(3) If the Chair of the Management Board of Cabinet determines that more than six months are needed to respond to the recommendations referred to in subsection (2), the Lieutenant Governor in Council shall give the Commission its response to those recommendations no later than nine months after the report was submitted to the Chair of the Management Board of Cabinet. O. Reg. 319/00, s. 10 (3).

(4) Despite subsections (2) and (3), the Lieutenant Governor in Council shall give its written response to the recommendations made in the Commission’s report on the remuneration of justices of the peace for the three-year period beginning April 1, 1996 and ending April 1, 1999 no later than 90 days after the report was submitted to the Chair of the Management Board of Cabinet. O. Reg. 319/00, s. 10 (4).

(5) The Government of Ontario shall promptly notify the associations of the Lieutenant Governor in Council’s determination of the remuneration that justices of the peace are entitled to receive. O. Reg. 319/00, s. 10 (5).

Review of Commission

11. The Government of Ontario and the associations may at any time meet to discuss improvements to the Commission’s structure and processes. O. Reg. 319/00, s. 11.