Schedule B

Benefits and Allowances for Judges of the Ontario Court of Justice

Part I – benefits

Definitions and application

    1. In this Schedule,
      “basic service requirement”, “Board”, “Chief Justice”, “judge”, and “service” have the same meaning as under Part I of O. Reg. 290/13 made under the Courts of Justice Act.
      1. “spouse” means either of two persons who,
        1. are married to each other within the meaning of clause (a) of the definition of “spouse” in section 1 of the Family Law Act,
        2. have together entered into a marriage that is voidable or void, in good faith on the part of a person relying on this clause to assert any right, or
        3. live together in a conjugal relationship outside marriage.
    2. In this Schedule, a child of a judge is a dependent child of the judge if the child is determined to be dependent in accordance with the applicable agreement between the Crown and the insurance underwriter.
  2. This Part I of Schedule B only applies to a judge who is serving on a full-time basis.

    Holidays

    1. A judge is entitled to a holiday in each year on the following days:
      1. New Year’s Day
      2. Good Friday
      3. Easter Monday
      4. Victoria Day
      5. Canada Day
      6. The first Monday in August
      7. Labour Day
      8. Thanksgiving Day
      9. Remembrance Day
      10. Christmas Day
      11. Boxing Day
      12. Family Day
      13. Any special holiday proclaimed by the Governor General or the Lieutenant Governor.
    2. A special holiday under paragraph 13 of subsection (1) that falls during a vacation leave of absence shall be computed as part of the leave of absence, but no other holidays shall be computed as part of a vacation leave of absence.
    3. When a holiday specified in subsection (1) falls on a Saturday or Sunday, the following Monday is a holiday and, in addition, when Christmas Day falls on a Saturday or Sunday, the following Tuesday is a holiday.
    4. A judge who is required to work on a holiday is entitled to a compensating day as a holiday.

      Vacation

    1. A judge is entitled to accumulate vacation credits in each year at the rate of 3 1/3 days per month.
    2. The vacation days that a judge is entitled to accumulate in a year under subsection (1) shall be credited to the judge on the 1st day of January in the year or on the day in the year when the judge first becomes a judge, whichever is later.
    3. From the vacation days credited to a judge in a year in accordance with subsections (1) and (2) there shall be deducted, to a maximum of the days credited to the judge in the year, 31/3 days per month for,
      1. each whole calendar month in the year throughout which the judge is on leave of absence without pay, other than pregnancy leave or parental leave without pay;
      2. each whole calendar month in the year after the month in which the judge ceases to be a judge or starts to serve on a part-time basis under section 44 of the Act; and
      3. any calendar month wholly comprised of consecutive periods of less than a month for which credit would be deducted under clause (a) or (b) if the periods were whole calendar months.
    4. With the approval of the Chief Justice, a judge may take leave of absence with pay in respect of some or all of the judge’s accumulated vacation credits at the rate of one day of leave of absence with pay for each day of vacation credit to which the judge is entitled, and the judge’s accumulated vacation credits shall be reduced by the leave of absence with pay taken.
    5. If after giving effect in any year to the deductions mentioned in subsections (3) and (4), some or all of a judge’s accumulated vacation credits at the end of the year exceed forty, the excess shall be deducted from the judge’s accumulated vacation credits before vacation credits for the ensuing year are credited to the judge.
    6. Each day or part of a day by which a leave of absence with pay taken by a judge under subsection (4) exceeds the judge’s accumulated vacation credits after making any deduction required by subsection (3) or (5) shall be deducted from the judge’s vacation credits, and the judge shall repay to the Crown the salary paid to the judge for any day or part of a day of the leave of absence with pay that cannot be so deducted.
    7. A judge who ceases to hold office or starts to serve on a part-time basis shall be paid, in an amount computed at the rate of the judge’s last regular salary, for any unused vacation days standing to the judge’s credit when the judge ceases to hold office or starts to serve on a part-time basis.
    8. A judge is entitled to be paid, on his or her request, in an amount computed at the rate of the judge’s last regular salary, for any unused vacation standing to the judge’s credit when the judge qualifies for payments under the Long Term Income Protection Plan.

      Sickness and disability

    1. A judge who is unable to attend to his or her duties due to sickness or injury is entitled to leave of absence with pay for 130 working days in each year.
    2. A judge is not entitled to leave of absence with pay under subsection (1) until after completion of twenty consecutive working days in office.
    3. A leave of absence with pay under subsection (1) that begins in one year and continues unbroken into the following year shall not exceed 130 consecutive working days.
    4. A judge who was on leave of absence described in subsection (3) for 130 working days is not entitled to the balance of the leave of absence under subsection (1) until after completion of twenty consecutive working days in office.
    5. A judge who had attendance credits standing to his or her credit under Regulation 749 of the Revised Regulations of Ontario, 1970 immediately before the 1st day of January, 1976 and who is absent from his or her duties due to sickness or injury for more than the total number of days of leave of absence with pay provided by subsection (1) shall have his or her accumulated attendance credits reduced by the number of days that the absence exceeds the leave of absence provided by subsection (1) and is entitled to leave of absence with pay on each day for which his or her accumulated attendance credits are reduced.
    6. Subsection (5) does not apply to a judge who qualifies for and elects to receive benefits under the Long Term Income Protection Plan instead of using his or her accumulated attendance credits.
    7. The Chief Justice may require a judge who claims a leave of absence due to sickness or injury to submit a medical certificate in respect of the leave of absence from a legally qualified medical practitioner.
    1. The Crown may enter into an agreement with an insurance underwriter for the purpose of providing judges a long term income protection plan.
    2. The Long Term Income Protection Plan shall provide 662/3 per cent of the regular salary of a judge who,
      1. is totally disabled;
      2. is under the care of or is receiving treatment from a legally qualified medical practitioner; and
      3. is not, except for the purpose of rehabilitation, engaged in any occupation or employment for which the judge receives a wage or profit.
    3. The benefits provided by the Long Term Income Protection Plan to a judge shall commence immediately after a qualifying period of six continuous months of total disability and shall continue until the earliest of the following events:
      1. Termination of the total disability.
      2. Death of the judge.
      3. The end of the month in which the judge attains the age of sixty-five years.
    4. The benefit referred to in subsection (2) of 662/3 per cent of the regular salary of a full-time judge,
      1. shall be computed with reference to the regular salary of a fulltime judge of the same judicial rank as of the date of each payment of the benefit;
      2. shall be reduced by an amount equal to the total of,
        1. any retirement or disability benefits payable to the judge under the Canada Pension Plan,
        2. any disability benefits payable to the judge under any workers’ compensation legislation, and
        3. any pension payable to the judge under O.Reg. 290/13 made under the Courts of Justice Act.

      (4.1) The “salary of a judge of the same judicial rank” shall be determined in accordance with the method for determining those salaries as set out in Sections 4, 5, 6, 7 and 8 of Schedule A to this Order.

    5. Except as stated in this section, the benefits provided to judges under the Long Term Income Protection Plan shall be those set out in the agreement made with the insurance underwriter.
    6. The Crown shall pay 100 per cent of the premiums for the Long Term Income Protection Plan that are payable on or after March 31, 2014.
    7. Every judge must participate in the Long Term Income Protection Plan.
    8. Subsection (7) does not apply to a judge who was appointed to office before the 1stday of July, 1984 and who did not participate in the Long Term Income Protection Plan under the Public Service Act.
    9. In this section, “total disability” means the continuous inability, as the result of illness or injury, to perform the principal duties of a judge and “totally disabled” has a corresponding meaning.

      Pregnancy and Parental Leave

    1. A judge who is pregnant is entitled to a leave of absence beginning not earlier than seventeen weeks before the expected birth date.
    2. At least two weeks before the leave is to begin, the judge shall give the Chief Justice written notice of the date the leave is to begin and a certificate from a legally qualified medical practitioner stating the expected birth date.
    3. Subsection (2) does not apply to a judge who stops working because of complications caused by her pregnancy or because of a birth, still-birth or miscarriage that occurs earlier than the date the judge was expected to give birth.
    4. A judge to whom subsection (3) applies shall, within two weeks of stopping work, give the Chief Justice,
      1. written notice of the date the pregnancy leave began or is to begin; and
      2. a certificate from a legally qualified medical practitioner,
        1. in the case of a judge who stops working because of complications caused by her pregnancy, stating that the judge is unable to perform her duties because of complications caused by her pregnancy and stating the expected birth date, or
        2. in any other case, stating the date of the birth, still-birth or miscarriage and the date the judge was expected to give birth.
    5. The pregnancy leave of a judge ends,
      1. in the case of a judge who is entitled to take parental leave, seventeen weeks after the pregnancy leave began;
      2. in the case of a judge who is not entitled to take parental leave, on the later of the date that is seventeen weeks after the pregnancy leave began and the date that is six weeks after the birth, still-birth or miscarriage; or
      3. on a date earlier than the date provided for in clause (a) or (b), if the judge gives the Chief Justice at least four weeks written notice of the earlier date.
    6. The first seventeen weeks of pregnancy leave shall be with pay and any additional pregnancy leave shall be without pay.
    7. A judge who has given notice to begin pregnancy leave may change the notice,
      1. to an earlier date, by giving the Chief Justice written notice at least two weeks before the earlier date; or
      2. to a later date, by giving the Chief Justice written notice at least two weeks before the date leave was to begin under the previous notice.
    8. A judge who has given notice to end pregnancy leave may change the notice,
      1. to an earlier date, by giving the Chief Justice written notice at least four weeks before the earlier date; or
      2. to a later date, by giving the Chief Justice written notice at least four weeks before the date leave was to end under the previous notice.
    1. In this section,
      “parent” includes a person with whom a child is placed for adoption and a person who is in a relationship of some permanence with a parent of a child and who intends to treat the child as his or her own.
    2. A judge who is the parent of a child is entitled to a leave of absence following,
      1. the birth of the child; or
      2. the coming of the child into the custody, care and control of a parent for the first time.
    3. Parental leave shall begin not later than thirty-five weeks after the date the child is born or comes into the custody, care and control of a parent for the first time.
    4. The parental leave of a judge who takes pregnancy leave shall begin when the pregnancy leave ends unless the child has not yet come into the custody, care and control of a parent for the first time.
    5. A judge who takes parental leave shall give the Chief Justice at least two weeks written notice of the date the leave is to begin.
    6. Subsection (5) does not apply in the case of a judge who stops working because the child comes into the custody, care and control of a parent sooner than expected.
    7. The parental leave of a judge to whom subsection (6) applies begins on the day the judge stops working and, within two weeks of stopping work, the judge shall give the Chief Justice written notice that the judge wishes to take parental leave.
    8. The parental leave of a judge ends,
      1. twenty-six weeks after it began; or
      2. on a date earlier than the date provided for in clause (a), if the judge gives the Chief Justice at least four weeks written notice of the earlier date.
    9. The first ten days of parental leave shall be with pay and the remainder shall be without pay.
    10. A judge who has given notice to begin parental leave may change the notice,
      1. to an earlier date, by giving the Chief Justice written notice at least two weeks before the earlier date; or
      2. to a later date, by giving the Chief Justice written notice at least two weeks before the date leave was to begin under the previous notice.
    11. A judge who has given notice to end parental leave may change the notice,
      1. to an earlier date, by giving the Chief Justice written notice at least four weeks before the earlier date; or
      2. to a later date, by giving the Chief Justice written notice at least four weeks before the date leave was to end under the previous notice.

      Special and Compassionate Leaves

    1. The Chief Justice may grant to a judge,
      1. leave of absence with pay for not more than sixty-five working days in any year on any special or compassionate ground;
      2. three days leave of absence with pay in the event of the death of the judge’s spouse, parent, mother-in-law, father-in-law, child, brother or sister; and
      3. leave of absence without pay for a period not exceeding one year.
    2. Leave granted under clause (1) (a) shall be charged against the sick leave credits of the judge.
  10. On the recommendation of the Chief Justice, the Lieutenant Governor in Council may grant leave of absence with pay to a judge for special or compassionate purposes for a period not exceeding one year and may grant leave of absence without pay for a period of up to three years.

    Group Insurance Plans

    1. The Crown shall enter into an agreement with an insurance underwriter to provide a group life insurance plan for judges.
    2. The group life insurance plan under this section shall provide to each judge, until the end of the month in which the judge meets the basic service requirement, ceases to hold office, starts to serve on a part-time basis, or attains seventy years of age, group life insurance coverage equal to five times the annual salary of the judge.
    3. A judge may designate one or more persons to be the beneficiaries of the group life insurance coverage of the judge.
    4. The cost of the group basic life insurance plan premiums that are payable on or after March 31, 2014 shall be shared between the judges and the Crown. A judge will pay the same dollar amount of the premium as the dollar amount paid by individual judges on account of LTIP premiums as of September 30, 2013. The Crown will pay the balance of the premium.
    1. The Crown shall enter into an agreement with an insurance underwriter to provide a reduced group life insurance plan for judges.
    2. The reduced group life insurance plan under this section shall provide, to each judge who is not entitled to group life insurance coverage under section 11, group life insurance coverage of one time annual salary until the end of the month in which the judge ceases to hold office or starts to serve on a part-time basis.
    3. The reduced group life insurance plan under this section shall provide, to each person who is receiving a pension under O. Reg. 290/13 made under the Courts of Justice Act, group life insurance coverage of $6,000.
    4. The cost of the reduced group life insurance plan premium that is payable on or after March 31, 2014 shall be shared between the judges and the Crown. A judge will pay the same dollar amount of the premium as the dollar amount paid by individual judges on account of LTIP premiums as of September 30, 2013. The Crown, will pay the balance of the premium.
    1. The Crown may enter into agreements with insurance underwriters for the purpose of providing judges the following group insurance coverages:
      1. A Supplementary Life Insurance Plan.
      2. A Dependants’ Life Insurance Plan.
      3. A Supplementary Health and Hospital Insurance Plan that includes a Catastrophic Drug Coverage Plan.
      4. A Dental Insurance Plan.
      5. An Accidental Death Benefit Plan.
    2. Except as stated in this Part, the benefits provided to judges under the group insurance plans shall be those set out in the agreements made with the insurance underwriters.
    3. For clarity, any clause in any agreement entered into pursuant to Subsection (1) that precludes group insurance coverage in the event of attempted suicide, suicide, or physician assisted death shall not apply.
    1. The Supplementary Life Insurance Plan shall provide additional group life insurance coverage equal to the annual salary, twice the annual salary or three times the annual salary, at the choice of the judge, for those judges who choose to participate in the Plan.
    2. A judge who participates in the Supplementary Life Insurance Plan shall pay the premium for his or her insurance coverage in the Plan.
    1. The Dependants’ Life Insurance Plan shall provide, in respect of each judge who chooses to participate in the Plan, whichever of the following life insurance coverages is chosen by the judge:
      1. $1,000 for the spouse of the judge and $500 for each dependent child of the judge.
      2. $2,000 for the spouse of the judge and $1,000 for each dependent child of the judge.
    2. A judge who participates in the Dependants’ Life Insurance Plan shall pay the premiums for the insurance coverage provided to the judge in the Plan.
    1. The Supplementary Health and Hospital Insurance Plan shall provide to every judge who joins the Plan the following benefits in respect of expenses incurred on behalf of the judge, the judge’s spouse and the judge’s dependent children:
      1. Reimbursement for 90 per cent of the cost of drugs and medicine dispensed by a legally qualified medical practitioner or by a pharmacist who is a member of the Ontario College of Pharmacists on the written prescription of a legally qualified medical practitioner.
      2. Reimbursement for charges for private or semi-private room hospital care by a hospital within the meaning of the Public Hospitals Act.
      3. Reimbursement for electrically – operated hospital beds at home.
      4. Reimbursement for such other health and hospital expenses as may be covered by the Plan resulting from treatment and services recommended or approved by a legally qualified medical practitioner.
      5. Emergency travel assistance, in accordance with the recommendation of the Fifth Provincial Judges’ Remuneration Commission regarding “Global Medical Assistance”.
    2. The expenses described in paragraph 4 of subsection 16(1) shall include the services of an acupuncturist and a person with a Master of Social Work who is performing substantially the same functions as a psychologist.
    3. The Supplementary Health and Hospital Insurance Plan shall provide a drug card to Judges, their spouses and eligible dependent children for the direct payment of eligible drug expenses at the point-of-purchase on or after March 31, 2014. Every judge is obliged to positively enroll themselves, their spouses and their dependent children in the Supplementary Health and Hospital Insurance Plan and the Dental Insurance Plan before the drug-cards are provided.
    4. Subject to subsections (10) and (14), the Crown shall pay the premiums for every judge who joins the Supplementary Health and Hospital Insurance Plan.
    5. A judge may elect to participate in the Supplementary Health and Hospital Insurance Plan,
      1. on appointment;
      2. in December of any year, for coverage commencing on the 1st day of January next following, if the judge has satisfied the waiting period of the Plan and the judge,
        1. did not join the Plan on appointment, or
        2. previously opted out of the Plan; or
      3. on providing evidence that similar coverage available to the judge under the plan of another person has been terminated, for coverage commencing on the 1st day of the month coinciding with or following the presentation of the evidence.
    6. A judge may elect in December of any year to opt out of the Supplementary Health and Hospital Insurance Plan and coverage shall cease at the end of that month.
    7. The Supplementary Health and Hospital Insurance Plan shall provide to every judge who elects to participate in the Plan’s additional coverage for vision care and hearing aids the following benefits in respect of expenses incurred on behalf of the judge, the judge’s spouse and the judge’s dependent children:
      1. Reimbursement for the cost of vision care, to a maximum of $450 every twenty-four months per person.
      2. Reimbursement for the cost of purchase and repair of a hearing aid, other than the replacement of a battery, to a maximum of $3000 per person in any consecutive 5-year period.
      3. Reimbursement for the cost of one routine eye exam every 24 months, incurred on or after January 1, 2014, which will be in addition to reimbursement provided for under paragraph (a).
      4. Reimbursement for the cost of laser eye surgery to a life-time maximum of $1,000 for claims incurred on or after April 1, 2018, which will be in addition to reimbursement provided under paragraphs (a) and (c).
    8. The additional coverage under subsection (7) shall be subject to a deductible amount in each calendar year of $10 for a judge with single coverage and $10 per person to a maximum of $20 for a judge with family coverage.
    9. For the additional coverage under subsection (7), the Crown shall, subject to subsection (10), pay 70 per cent of the premiums for each participating judge and the judge shall pay the balance of the premiums by deduction from salary.
    10. The Supplementary Health and Hospital Insurance Plan and the Plan’s additional coverage for vision care and hearing aids shall not be provided to a judge during a leave of absence without pay unless the judge arranges through Ontario Shared Services to pay the full premiums and pays the premiums at least one week before the first of each month of the leave of absence.
    11. Subsection (10) does not apply during a pregnancy leave or during the first eighteen weeks of a parental leave.
    12. Within a reasonable time after Ontario Shared Services is informed that a leave of absence to which subsection (10) applies has been granted to a judge, the Ontario Shared Services shall inform the judge of the provisions of subsection (10).
    13. In this section, “vision care” means laser eye surgery, eyeglasses, frames and lenses for eyeglasses and contact lenses prescribed by a person who is a member of the College of Physicians and Surgeons of Ontario or a person who is a member of the College of Optometrists of Ontario, and includes the fitting of eyeglasses, frames, lenses and contact lenses, but does not include eyeglasses for cosmetic purposes or sunglasses.
    14. Every judge who participates in the Supplementary Health and Hospital Insurance Plan is enrolled in a mandatory, Catastrophic Drug Coverage Plan that will provide 100% reimbursement of the cost of any eligible drugs once overall submitted drug expenses exceed $10,000 per eligible claimant (judge, spouse or dependent child), in a calendar year on or after March 31, 2014. The judge shall pay 100% of the premium for coverage under the Catastrophic Drug Coverage Plan.
    15. This section also applies to every person who is receiving a pension or a survivor allowance under O. Reg. 290/13 made under the Courts of Justice Act.
    16. The spouse and/or eligible dependent children of a judge who dies before reaching the basic service requirement under the Provincial Judges Pension Plan will be entitled to coverage under the Supplementary Health and Hospital Insurance Plan for 12 months after the date of the judge’s death.
    17. An updated version of the benefits in the Plan shall be provided in the insurance policy and Plan documents.
    1. The Dental Insurance Plan shall provide to every judge who joins the Plan the following benefits in respect of expenses incurred on behalf of the judge, the judge’s spouse and the judge’s dependent children:
      1. Reimbursement of 85 per cent of the cost of basic dental services, endodontic services, periodontic services and repair or maintenance services for existing dentures or bridges specified by the Plan, but not exceeding 85 per cent of the fees set out in the Ontario Dental Association schedule of fees for general practitioners in effect when the expense is incurred.
      2. Reimbursement of 75 per cent of the cost of new dentures specified by the Plan, not exceeding 75 per cent of the fees for new dentures set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred, and subject to a limit of $3,000 on the total amount of reimbursement under this paragraph in respect of any one of the judge, the judge’s spouse and the dependent children of the judge.
      3. Reimbursement of 75 per cent of the cost of orthodontic services specified by the Plan and provided to a dependent child of the judge, not exceeding 75 per cent of the fees for those services set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred, and subject to a limit of $3,000 on the total amount of reimbursement under this paragraph in respect of any one child.
      4. Reimbursement of 75 per cent of the cost of crowns, bridgework, implants and other major restorative services specified by the Plan, not exceeding 75 per cent of the fees for those services set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred, and subject to a limit of $2,000 on the total amount of reimbursement under this paragraph in respect of any one of the judge, the judge’s spouse and the dependent children of the judge in a 12 month period commencing the 1st day of January.
    2. Subject to subsection (5), the Crown shall pay the premiums for every judge who joins the Dental Insurance Plan.
    3. A judge may elect to participate in the Dental Insurance Plan,
      1. on appointment; or
      2. in December of any year for coverage commencing on the 1st day of January next following, if the judge has satisfied the waiting period of the Plan and the judge,
        1. did not join the Plan on appointment, or
        2. previously opted out of the Plan; or
      3. on providing evidence that similar coverage available to the judge under the plan of another person has been terminated, for coverage commencing on the1st day of the month coinciding with or following the presentation of the evidence.
    4. A judge may elect in December of any year to opt out of the Dental Insurance Plan and coverage shall cease at the end of that month.
    5. The Dental Insurance Plan shall not be provided to a judge during a leave of absence without pay unless the judge arranges through the Ontario Shared Services to pay the full premiums and pays the premiums at least one week before the first of each month of the leave of absence.
    6. Subsection (5) does not apply during a pregnancy leave or during the first eighteen weeks of a parental leave.
    7. Within a reasonable time after the Ontario Shared Services is informed that a leave of absence to which subsection (5) applies has been granted to a judge, the Ontario Shared Services shall inform the judge of the provisions of subsection (5).
    8. This section also applies to every person who is receiving a pension or a survivor allowance under O. Reg. 290/13 made under the Courts of Justice Act.
    9. The spouse and/or eligible dependent children of a judge who dies before reaching the basic service requirement under the pension plan will be entitled to coverage under the Dental Insurance Plan for 12 months after the date of the judge’s death.
  18. The Accidental Death Benefit Plan shall provide $250,000 for full-time judges and $175,000 for part-time judges.
    1. If the Crown is paying all or part of the premiums for a judge who participates in one or more of the group insurance plans provided for in this Part and the judge receives benefits under the Long Term Income Protection Plan, the Crown shall continue the payments for the period in respect of which the judge is receiving the benefits.
    2. Disputes regarding entitlements to judicial benefits under this Order-in-Council and/or any applicable insurance plan will be subject to the mediation/arbitration procedure set out in Section 11 of the Report attached hereto as Schedule C. For clarity, this section does not apply to disputes regarding pension benefits.

    Employee and family assistance plan

  20. The judges shall be provided with an Employee and Family Assistance Plan as recommended by the Fifth Provincial Judges’ Remuneration Commission.

    Transitional provisions for termination payments

  21. In this section and in sections 22-30,
    “accumulated attendance credits” means, subject to subsection 5 (5), the accumulated attendance credits standing to the credit of a judge immediately before the 1st day of March, 1992;
    “civil servant” means a person appointed under the former Public Service Act to the service of the Crown by the Lieutenant Governor in Council on the certificate of the Civil Service Commission or by the Civil Service Commission;
    “continuous service” means the period of unbroken full-time service as a judge and during which the judge,
    1. receives his or her regular salary,
    2. is absent on leave without pay for a period that does not exceed thirty days, or
    3. is absent on pregnancy leave or parental leave,

    and if the judge was a civil servant or a public servant before appointment as a judge, “continuous service” includes any period of unbroken full-time service in the public service immediately before the judge’s appointment as a judge, but “continuous service” shall not include, or be deemed to be interrupted by, a leave of absence or break in service for the purpose of engaging in political activity under the former Public Service Act or the Public Service of Ontario Act, 2006.
    “public servant” means a person appointed to employment under Section 32 of the Public Service of Ontario Act, 2006.
    1. Sections 23 to 30 apply only to judges who were appointed to hold office before the 1st day of March, 1992.
    2. Notwithstanding subsection (1), subsection 23(2) applies also to judges appointed to hold office on or after the 1st day of March 1992.
    1. If a judge dies after serving for more than six months, there shall be paid to the judge’s personal representative or if there is no personal representative to such person as the Board determines, the sum of one-twelfth of the judge’s annual salary.
    2. If a judge who has reached the basic service requirement or age 70 and who continues to serve full-time dies while serving in such full-time capacity, there shall be paid to the judge’s personal representative or if there is no personal representative to such person as the Board determines, a death benefit payment of $10,000.
    3. The death benefit under subsection (2) constitutes a portion of the benefit payable under subsection (1) in respect of judges appointed before March 1, 1992.
    4. Any severance pay to which a judge is entitled under this Part shall be reduced by an amount equal to any entitlement under subsection (1).
  24. A judge is entitled to severance pay equal to one week of salary for each year of continuous service from and after the 1st day of January, 1976 if the judge,
    1. has completed a minimum of one year of continuous service and starts to serve on a part-time basis or ceases to hold office because of death or retirement; or
    2. has completed a minimum of five years of continuous service and ceases to hold office for a reason other than removal from office under section 46 of the Act.
  25. Despite section 29, if in the opinion of the Board special circumstances exist, a payment may be made by way of termination allowance, with the approval of the Lieutenant Governor in Council, to a judge who starts to serve on a part-time basis or ceases to hold office.
  26. A judge who became entitled before the 1st day of January, 1970 to accumulate attendance credits under Ontario Regulation 190/62 or any predecessor of that regulation and who ceases to hold office or starts to serve on a part-time basis is entitled to be paid an amount in respect of remaining accumulated attendance credits in an amount computed by multiplying half of the number of days of remaining accumulated attendance credits at the date of ceasing to hold office or starting to serve on a part-time basis, as the case may be, by the judge’s annual salary immediately before that date and dividing the product by 261.
    1. A judge who became entitled to accumulate attendance credits under Ontario Regulation 190/62 on or after the 1st day of October, 1965 and before the 1st day of January, 1970 and who starts to serve on a part-time basis or ceases to hold office by reason of death or retirement, is entitled to be paid, for continuous service up to and including the 31st day of December, 1975, the greater of the following amounts:
      1. Severance pay equal to one-half week of salary for each year of continuous service before the 1st day of January, 1970 and one week of salary for each year of continuous service from and including the 1st day of January, 1970.
      2. The amount in respect of his or her accumulated attendance credits computed in accordance with section 26.
    2. Section 26 does not apply if the judge is paid the amount specified in paragraph 1 of subsection (1).
  28. A judge who became entitled to accumulate attendance credits under Ontario Regulation 190/62 or Regulation 749 of the Revised Regulations of Ontario, 1970 on or after the 1st day of January, 1970 and before the 1st day of January, 1976 is entitled to severance pay in an amount equal to one week of salary for each year of continuous service up to and including the 1st day of December, 1975, if the judge starts to serve on a part-time basis or ceases to hold office for a reason other than removal from office under section 46 of the Act.
    1. The total of the amount paid to a judge in respect of accumulated attendance credits and the severance pay of the judge shall not exceed one-half of the annual salary of the judge,
      1. when the judge starts to serve on a part-time basis or ceases to hold office, as the case may be; or
      2. in the case of a judge receiving benefits under the Long Term Income Protection Plan, when the judge received his or her last salary before receiving benefits under the Plan.
    2. The calculation of severance pay of a judge shall be based on the salary of the judge,
      1. when the judge starts to serve on a part-time basis or ceases to hold office, as the case may be; or
      2. in the case of a judge receiving benefits under the Long Term Income Protection Plan, when the judge received his or her last salary before receiving benefits under the Plan.
    3. If a computation for severance pay involves part of a year, the computation in respect of that part shall be made on a monthly basis, and,
      1. any part of a month that is less than fifteen days shall be disregarded; and
      2. any part of a month that is fifteen or more days shall be deemed to be a month.
    1. A judge may receive only one termination payment for a given period of continuous service.
    2. A judge whose total period of service is interrupted by a hiatus in service may, at the judge’s option, repay any termination payment received as a result of that absence to the Minister of Finance, and thereby restore termination pay entitlements for the period of continuous service for which the payment had been made.

    part II - Expense allowances

    1. A judge is entitled to claim and be reimbursed by the Crown for the following expenses actually incurred by the judge in the course of his or her duties and approved as reasonable by the Chief Justice:
      1. Mileage expenses for travel in the judge’s own private automobile to or from a location other than the judge’s regular location, at the greater of:
        1. the rates set out in the Travel, Meal and Hospitality Expenses Directive as determined by Management Board of Cabinet on or before March 31, 2014, and
        2. the rates set out in the following table:
          Kilometres Driven Southern Ontario ($ per km) Northern Ontario ($ per km)
          0 – 4,000 km 0.40 0.41
          4,001 – 10,700 km 0.35 0.36
          10,701 – 24,000 km 0.29 0.30
          More than 24,000 km 0.24 0.25
      2. Meal, accommodation and transportation expenses incurred in connection with travel to or from a location other than the judge’s regular location.
      3. Fees and other expenses incurred for attendance at or participation in judicial or legal conferences, if the Chief Justice approved the judge’s attendance or participation before the conference.
    2. For the purpose of paragraph 1 of subsection (1), the dividing line between southern Ontario and northern Ontario is as follows:
      • Healed Lake (Municipal) Road from Healed Lake easterly to its junction with Highway 612; Highway 612 southerly to its junction with Highway 169;
      • Highway 169 easterly to its junction with Highway 118;
      • Highway 118 through Bracebridge to its junction with Highway 11;
      • Highway 11 northerly to its junction with Highway 60 at Huntsville;
      • Highway 60 easterly to its junction with Highway 62 at Killaloe Station;
      • Highway 62 to Pembroke;
      • The above named highways to be included in southern Ontario.
    1. A judge serving on a full-time basis is entitled to claim and be reimbursed by the Crown for expenses actually incurred by the judge and approved as reasonable by the Chief Justice that are incidental to the fit and proper execution of the judge’s office, including,
      1. the purchase of one set of judicial attire in a seven year period;
      2. the maintenance of judicial attire;
      3. the purchase and maintenance of luggage for transporting documents and judicial attire;
      4. purchase of books and other publications related to judicial duties, other than books and publications that are available at the judge’s regular location; and
      5. membership in recognized associations contributing to professional development.
    2. Subsection (1) does not apply to any expense for which reimbursement is provided by the Crown under section 31.
    3. Effective April 1, 2018, a judge is not entitled to claim or to be reimbursed under subsection (1) for more than $3,750 for expenses other than under clause (1)(a) in respect of the twelve-month period commencing on the 1st day of April in each year.
    4. If a judge’s expenses in a period mentioned in subsection (3) exceed the amount that the judge is entitled to claim in respect of the period, the judge is entitled, subject to the amount mentioned in subsection (3), to claim the excess as an expense in respect of the following twelve-month period.
    5. If a judge is not serving on a full-time basis during all of a period in respect of which the judge is entitled to claim and be reimbursed for expenses under subsection (1), the maximum amount under subsection (3) shall be reduced by one-twelfth of the amount mentioned in subsection (3) for each full month that the judge is not serving on a full-time basis during the period.
    6. Property for which a judge is reimbursed under subsection (1) is the property of the Crown in right of Ontario and the judge or the personal representative of the judge shall deliver the property to the Crown when the judge ceases to hold office, if the property is in serviceable condition at that time.
    1. The Chief Justice, the Associate Chief Justices, and every regional senior judge is entitled to claim and be reimbursed by the Crown for any expenses actually incurred by or on behalf of the judge in discharging extra-judicial obligations on behalf of the Ontario Court of Justice.
    2. No expense shall be reimbursed under subsection (1) unless the Chief Justice has approved the claim as reasonable.
    3. In respect of the twelve-month period commencing on the 1st day of April in each year, a judge is not entitled to claim or be reimbursed under subsection (1) for more than,
      1. $2,500, in the case of the Chief Justice; and
      2. $2,000, in the case of the Associate Chief Justices, and every regional senior judge.
    4. If a judge’s expenses in a period mentioned in subsection (3) exceed the amount that the judge is entitled to claim in respect of the period, the judge is entitled, subject to the amount mentioned in subsection (3), to claim the excess as an expense in respect of the following twelve-month period.
    5. (5) If a judge does not hold the office in respect of which the judge is entitled to claim and be reimbursed for expenses under subsection (1) during all of the twelve-month period commencing on the 1st day of April in a year, the maximum amount under subsection (3) shall be reduced by one-twelfth of the amount mentioned in subsection (3) for each full month that the judge does not hold that office during the period.

Order in Council 1273/2018