Bill 79, Courts Improvement Act, 1996

Harnick, Hon. Charles Attorney General

Versions

Courts Improvement Act, 1996

EXPLANATORY NOTE

The Bill makes a variety of amendments to the Courts of Justice Act, the Charities Accounting Act and other statutes.

Most of the amendments fall into four main categories:

1. Amendments to the Courts of Justice Act and other statutes governing the new office of case management master.

2. Amendments to the Charities Accounting Act. The Act is amended to provide for the Attorney General, on the advice of the Public Guardian and Trustee, to make regulations under section 5 instead of the Lieutenant Governor in Council. A new section is added to allow regulations to be made providing for certain matters to be dealt with without the approval of the court.

3. Amendments to the Courts of Justice Act and the Children's Law Reform Act to clarify and supplement the changes made by the Courts of Justice Statute Law Amendment Act, 1994 in connection with the establishment of the new Family Court.

4. Amendments to change the names of certain courts and officials. These include amendments to change the name of the Ontario Court of Justice to the Trial Court of Ontario, to change the name of the Ontario Court (General Division) to the Superior Court of Justice and to change the Ontario Court (Provincial Division) to the Ontario Court of Justice. These amendments are in Part IV of the Bill. They are to come into force on proclamation.

The Bill also includes a number of further amendments to make corrections or change or clarify policy. These include the following:

1. Section 42 of the Courts of Justice Act is amended to extend the term of office of the Chief Judge of the Provincial Division from six years to eight years plus up to one further year if a successor is not appointed.

2. Subsection 67 (2) of the Courts of Justice Act is amended to add two lawyers, to be appointed by theChief Justice of the Ontario Court, to the Family Rules Committee.

3. The compensation for judges for their statutory duties, provided for in section 83 of the Courts of Justice Act, is eliminated.

4. Clause 116 (1) (b) of the Courts of Justice Act is amended to correct an error that has been identified by the courts.

Bill1996

An Act to improve Ontario's court system,

to respond to concerns raised by charities and

their volunteers and to improve various statutes

relating to the administration of justice

CONTENTS

Part		Sections
I	Courts of Justice Act Amendments	1
II	Charities Accounting Act Amendments	2
III	Other amendments Children's Law Reform Act Construction Lien Act Evidence Act Freedom of Information and Protection of Privacy Act Law Society Act	3 4 5 6 7
IV	Court Name Changes Name Changes, Courts and Officials Courts of Justice Act amendments Transition, seals and forms	8 9 10
V	Commencement and Short Title Commencement Short Title	11 12

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I

COURTS OF JUSTICE ACT AMENDMENTS

1. (1) Clause 17 (a) of the Courts of Justice Act is repealed and the following substituted:

(a) an interlocutory order of a master or case management master.

(2) Clause 19 (1) (c) of the Act is repealed and the following substituted:

(3) Subsection 21.5 (4) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 12, section 8, is repealed and the following substituted:

Same

(4) Until the first Associate Chief Justice (Family Court) is appointed, the senior judge of the General Division for the Unified Family Court shall be a member of the Family Rules Committee continued by subsection 67 (1).

Repeal of subsections (3) and (4)

(5) Subsections (3) and (4) are repealed on a day to be named by proclamation of the Lieutenant Governor.

(4) The Act is amended by adding the following section:

Certain appeals

21.9.1 A statutory provision referred to in the Schedule to section 21.8 that provides for appeals from decisions of the Ontario Court (Provincial Division) to the Ontario Court (General

Division) shall be deemed to provide for appeals from decisions of the Family Court to the Divisional Court.

(5) Subsection 42 (7) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 16, is amended by striking out "Chief Judge and" in the first line.

(6) Section 42 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 16, is amended by adding the following subsection:

Same

(7.1) The Chief Judge holds office for eight years from the time of his or her appointment. If a successor has not yet been appointed on the day the term expires, the Chief Judge continues in office until a successor is appointed, but shall not hold office for more than nine years in any event.

(7) Paragraph 1 of subsection 42 (11) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 12, section 16, is amended by striking out "six" in the first line and substituting "eight" and by striking out "seven" in the last line and substituting "nine".

(8) Subsection 53 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 12, section 18, is further amended by adding the following clauses:

(b) fixing the remuneration of case management masters and providing for the benefits to which they are entitled;

(9) Clause 66 (2) (h) of the Act is repealed and the following substituted:

(h) jurisdiction of masters and case management masters including the conferral on masters and case management masters of any jurisdiction of the Ontario Court (General Division), including jurisdiction under an Act, but not including the trial of actions or jurisdiction conferred by an Act on a judge.

(10) Subsection 67 (2) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 22, is amended by striking out "and" at the end of clause (l), by adding "and" at the end of clause (m) and by adding the following clause:

(n) two lawyers, who shall be appointed by the Chief Justice of the Ontario Court.

(11) Subsection 75 (4) of the Act is repealed.

(12) Subsection 76 (2) of the Act is repealed and the following substituted:

Powers re masters, case management masters

(2) Subsection (1) applies, with necessary modifications, in respect of supervising and directing the sittings and assigning the judicial duties of masters and case management masters.

(13) Subsection 78 (2) of the Act is repealed and the following substituted:

Same

(2) Court personnel referred to in subsection (1) who are assigned to and present in a courtroom shall act at the direction of the presiding judge, master or case management master while the court is in session.

(14) Section 82 of the Act, as amended by the Statutes of Ontario, 1994, chapter 12, section 32, is repealed and the following substituted:

Liability of judges and other officers

82. The following persons have the same immunity from liability as judges of the Ontario Court (General Division):

1. Judges of all courts in Ontario, including judges presiding in the Small Claims Court and deputy judges of that court.

2. Masters.

3. Case management masters.

(15) Section 83 of the Act, as amended by the Statutes of Ontario, 1991, chapter 46, section 1, is repealed.

(16) Subsection 84 (1) of the Act is amended by striking out "conciliator, arbitrator or referee" in the third line and substituting "commissioner, arbitrator, adjudicator, referee, conciliator or mediator".

(17) The Act is amended by adding the following sections:

Appointment of case management masters

86.1 (1) The Lieutenant Governor in Council, on the recommendation of the Attorney General, may appoint such case management masters as are considered necessary.

Qualification

(2) No person shall be appointed as a case management master unless he or she has been a member of the bar of one of the provinces or territories of Canada for at least the period of time prescribed in the regulations or, for an aggregate of at least that period, has been a member of such a bar or served as a judge anywhere in Canada after being a member of such a bar.

Term of office

(3) A case management master holds office for seven years.

Reappointment

(4) A case management master may be reappointed, for a three-year term, on the recommendation of the Chief Justice of the Ontario Court; if the Chief Justice so recommends, the Lieutenant Governor in Council shall reappoint the case management master.

Same

(5) There is no limit to the number of times a case management master may be reappointed.

Jurisdiction

(6) A case management master has,

(a) the jurisdiction of a master conferred by the rules of court; and

(b) the case management jurisdiction conferred by the rules of court.

Application of ss. 46 to 48

(7) Sections 46 to 48, except subsection 47 (3), apply to case management masters, with necessary modifications, in the same manner as to provincial judges.

Same

(8) Section 46 does not apply in circumstances in which the rules of court require participation in alternative dispute resolution.

Standards of conduct

(9) The Chief Justice may establish standards of conduct for case management masters.

Complaint

86.2 (1) Any person may make a complaint alleging misconduct by a case management master, by writing to the Chief Justice of the Ontario Court.

Dismissal

(2) The Chief Justice shall review the complaint and may dismiss it without further investigation if, in his or her opinion, it is frivolous or an abuse of process, or concerns a minor matter to which an appropriate response has already been given.

Notice of dismissal

(3) The Chief Justice shall notify the complainant and the case management master in writing of a dismissal under subsection (2), giving brief reasons for it.

Committee

(4) If the complaint is not dismissed, the Chief Justice shall refer it to a committee consisting of three persons chosen by him or her.

Same

(5) The three persons shall be a judge of the General Division, a case management master and a person who is neither a judge nor a lawyer.

Investigation

(6) The committee shall investigate the complaint in the manner it considers appropriate, and the complainant and the case management master shall be given an opportunity to make representations to the committee, in writing or, at the committee's option, orally.

Recommendation

(7) The committee shall make a report to the Chief Justice, recommending a disposition in accordance with subsections (8), (9) and (10).

Disposition

(8) The Chief Justice may dismiss the complaint, with or without a finding that it is unfounded, or, if he or she concludes that the case management master's conduct presents grounds for imposing a sanction, may,

(a) warn the case management master;

(b) reprimand the case management master;

(d) order that the case management master take specified measures, such as receiving education or treatment, as a condition of continuing to sit as a case management master;

(e) suspend the case management master for a period of up to 30 days;

(f) direct that no judicial duties or only specified judicial duties be assigned to the case management master; or

(g) remove the case management master from office.

Same

(9) The Chief Justice may adopt any combination of the dispositions set out in clauses (8) (a) to (f).

Compensation

(10) The Chief Justice shall consider whether the case management master should be compensated for all or part of his or her costs for legal services incurred in connection with the steps taken under this section in relation to the complaint.

Recommendation

(11) If the Chief Justice is of the opinion that the case management master should be compensated, he or she shall make a recommendation to the Attorney General to that effect, indicating the amount of compensation.

Same

(12) If the complaint is dismissed with a finding that it is unfounded, the Chief Justice shall recommend to the Attorney General that the case management master be compensated for his or her costs for legal services and shall indicate the amount of compensation.

Maximum

(13) The amount of compensation recommended under subsection (11) or (12) shall be based on a rate for legal services that does not exceed the maximum rate normally paid by the Government of Ontario for similar legal services.

Payment

(14) The Attorney General shall pay compensation to the case management master in accordance with the recommendation.

Confidential records

(15) The committee may order that any information or documents relating to a complaint that was not dealt with in a manner that was open to the public are confidential and shall not be disclosed or made public.

Same

(16) Subsection (15) applies whether the information or documents are in the possession of the committee, the Chief Justice, the Attorney General or any other person.

Limitation

(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.

Non-application of SPPA

(18) The Statutory Powers Procedure Act does not apply to a judge, case management master or member of a committee acting under this section.

Personal liability

(19) No action or other proceeding for damages shall be instituted against a judge, case management master or member of a committee for any act done in good faith in the execution or intended execution of the person's duty under this section.

(18) The French version of subsection 90 (3) of the Act is amended by striking out "protonotaires" in the first line and substituting "liquidateurs des dépens".

(19) Clause 116 (1) (b) of the Act is repealed and the following substituted:

(b) if the plaintiff requests that an amount be included in the award to offset any liability for income tax on income from the investment of the award, shall order the defendant to pay all or part of the award periodically on such terms as the court considers just.

(20) The definition of "judge" in subsection 123 (1) of the Act is repealed and the following substituted:

"judge" includes a master and a case management master. ("juge")

(21) Clause 136 (2) (b) of the Act is amended by striking out "solicitor" in the first line and substituting "lawyer".

PART II

CHARITIES ACCOUNTING ACT AMENDMENTS

2. (1) Subsection 5 (1) of the Charities Accounting Act is amended by striking out "The Lieutenant Governor in Council may make regulations," in the first two lines and substituting "The Attorney General, on the advice of the Public Guardian and Trustee, may make regulations,".

(2) The Act is amended by adding the following section:

Regulations, court approval

5.1 (1) The Attorney General, on the advice of the Public Guardian and Trustee, may make regulations providing that acts or omissions that would otherwise require the approval of the Ontario Court (General Division) in the exercise of its inherent jurisdiction in charitable matters shall be treated, for all purposes, as though the acts or omissions had been so approved.

Limitation on regulations

(2) Regulations under subsection (1) may be made only in relation to,

(a) the giving of benefits from property described in subsection (3) to,

(i) persons to whom subsection 1 (1) applies,

(ii) corporations deemed, by subsection 1 (2), to be trustees within the meaning of this Act,

(iii) directors of corporations described in subclause (i) or of such persons described in subclause (ii) that are corporations, or

(iv) persons who, because of their relationship or connection to any person, corporation or director described in subclause (i), (ii) or (iii), cannot be given such benefits without the approval of a court;

(b) the administration and management of property described in subsection (3) that is held for restricted or special purposes;

"Property"

(3) The property referred to in subsection (2) is the property referred to in subsection 1 (1) or the property deemed, by subsection 1(2), to be property within the meaning of this Act.

Subject to governing instrument

(4) Regulations made under subsection (1) do not apply to an act or omission that conflicts with the will or instrument referred to in subsection 1 (1) or with the instrument deemed, by subsection 1 (2) of the Act, to be an instrument in writing under this Act.

Regulations may be limited, subject to conditions

(5) Regulations made under subsection (1) may be general or particular in their application and, without limiting the generality of the foregoing, may be limited to the persons, classes of persons or circumstances set out in the regulations or may be subject to the conditions set out in the regulations.

PART III

OTHER AMENDMENTS

Children's Law Reform Act

3. (1) Section 3 of the Children's Law Reform Act is repealed and the following substituted:

Court under ss.4 to 7

3. The court having jurisdiction for the purposes of sections 4 to 7 is,

(a) the Family Court, in the areas where it has jurisdiction under subsection 21.1 (4) of the Courts of Justice Act;

(b) the Ontario Court (General Division), in the rest of Ontario.

(2) The definition of "court" in subsection 18 (1) of the Act is amended by striking out "Unified Family Court" in the second line and substituting "Family Court".

Construction Lien Act

4. (1) Section 51 of the Construction Lien Act, as amended by Statutes of Ontario, 1994, chapter 27, section 42, is amended by striking out the portion preceding clause (a) and substituting the following:

51. The court, whether the action is being tried by a judge or on a reference by a master, a case management master or a person agreed on by the parties,

. . . . .

(2) Section 52 of the Act is amended by striking out "A judge or master" in the first line and substituting "A judge, master or case management master".

(3) Subsection 58 (1) of the Act, as re-enacted by Statutes of Ontario, 1994, chapter 27, section 42, is amended by striking out "or" at the end of clause (a) and by adding the following clause:

(a.1) to a case management master; or

. . . . .

(4) Subsection 58 (2) of the Act is amended by inserting "or a case management master" after "master" in the first line.

(5) Subsection 58 (3) of the Act, as amended by Statutes of Ontario, 1994, chapter 27, section 42, is repealed and the following substituted:

Reference directed

(3) At the trial, a judge may direct a reference to a master assigned to the area in which the premises or part of the premises are situate, to a case management master or to a person agreed on by the parties.

(6) Subsection 58 (4) of the Act is amended by inserting "or case management master" after "master" in the first line.

(7) Subsection 58 (5) of the Act, as amended by Statutes of Ontario, 1994, chapter 27, section 42, is repealed and the following substituted:

Application to set aside order of reference

(5) Where under subsection (1) the action has been_referred to a master, to a case management master or to a person agreed on by the parties for trial, any person who subsequently becomes a party to the action may, within seven days after becoming a party to the action, make a motion to a judge of the court that directed the reference to set aside the judgment directing the reference.

(8) Clause 62 (1) (b) of the Act, as amended by Statutes of Ontario, 1994, chapter 27, section 42, is repealed and the following substituted:

(b) in a report in the prescribed form, where the trial is conducted on a reference by a master, by a case management master, or by a person agreed on by the parties.

(9) Subsection 62 (3) of the Act, as amended by Statutes of Ontario, 1994, chapter 27, section 42, is repealed and the following substituted:

Where report deemed confirmed

(3) The report of a master, case management master or person agreed on by the parties shall be deemed to be confirmed at the expiration of the 15 day period next following the date that the notice of filing was given, unless notice of a motion to oppose confirmation of the report is served within that time.

(10) Subsection 86 (1) of the Act is amended by striking out "master" in the second last line and substituting "master, case management master".

Evidence Act

5. Subsection 36 (1) of the Evidence Act is amended by inserting "case management masters" after "masters" in the first and second lines.

Freedom of Information and Protection

of Privacy Act

6. Section 65 of the Freedom of Information and Protection of Privacy Act, as amended by the Statutes of Ontario, 1994, chapter 12, section 49 and 1995, chapter 1, section 82, is further amended by adding the following subsection:

Same

(5.1) This Act does not apply to a record of a committee investigating a complaint against a case management master under section 86.2 of the Courts of Justice Act, whether in the possession of the committee, the Chief Justice of the Ontario Court of Justice, the Attorney General or any other person, if any of the following conditions apply:

1. The committee has ordered that the record or information in the record not be disclosed or made public.

2. The record was prepared in connection with the committee's investigation of the complaint and the complaint was not dealt with in a manner that was open to the public.

Law Society Act

7. Clause 31 (1) (a) of the Law Society Act is repealed and the following substituted:

(a) as a full-time judge of any federal, provincial or territorial court, as a full-time master of the Ontario Court (General Division), or as a full-time case management master; or

. . . . .

PART IV

COURT NAME CHANGES

Name changes, courts and officials

8. The names of the courts and titles of the officials set out in column 1 of the following table are changed to the corresponding names and titles set out in column 2:

Column 1 / Colonne 1 Former names and titles Anciennes appellations et anciens titres	Column 2 / Colonne 2 New names and titles Nouvelles appellations et nouveaux titres
Ontario Court of Justice	Trial Court of Ontario
Cour de justice de l'Ontario	Cour de première instance de l'Ontario
Ontario Court (General Division)	Superior Court of Justice
Cour de l'Ontario (Division générale)	Cour supérieure de justice
Ontario Court (Provincial Division)	Ontario Court of Justice
Cour de l'Ontario (Division provinciale)	Cour de justice de l'Ontario
Chief Justice of the Ontario Court of Justice	Chief Justice of the Superior Court of Justice
Juge en chef de la Cour de justice de l'Ontario	Juge en chef de la Cour supérieure de justice
Associate Chief Justice of the Ontario Court of Justice	Associate Chief Justice of the Superior Court of Justice
Juge en chef adjoint de la Cour de justice de l'Ontario	Juge en chef adjoint de la Cour supérieure de justice
Associate Chief Justice (Family Court) of the Ontario Court of Justice	Associate Chief Justice (Family Court) of the Superior Court of Justice
Juge en chef adjoint (Cour de la famille) de la Cour de justice de l'Ontario	Juge en chef adjoint (Cour de la famille) de la Cour supérieure de justice
Chief Judge of the Ontario Court (Provincial Division)	Chief Justice of the Ontario Court of Justice
Juge en chef de la Cour de l'Ontario (Division provinciale)	Juge en chef de la Cour de justice de l'Ontario
Associate Chief Judge of the Ontario Court (Provincial Division)	Associate Chief Justice of the Ontario Court of Justice
Juge en chef adjoint de la Cour de l'Ontario (Division provinciale)	Juge en chef adjoint de la Cour de justice de l'Ontario
Associate Chief Judge-Co-ordinator of Justices of the Peace	Associate Chief Justice Co-ordinator of Justices of the Peace
Juge en chef adjoint-coordonnateur des juges de paix	Juge en chef adjoint et coordonnateur des juges de paix
Accountant of the Ontario Court	Accountant of the Superior Court of Justice
Comptable de la Cour de l'Ontario	Comptable de la Cour supérieure de justice

Courts of Justice Act amendments

9. (1) The Courts of Justice Act is amended by adding the following section:

References to former names of courts

1.1 (1) A reference in an Act, rule or regulation to a court or official by the former name of that court or the former title of that official set out in column 1 of the following table or by a shortened version of that name or title shall be deemed, unless a contrary intention appears, to be a reference to the new name of that court or the new title of that official set out in column 2.

Column 1 / Colonne 1 Former names and titles Anciennes appellations et anciens titres	Column 2 / Colonne 2 New names and titles Nouvelles appellations et nouveaux titres
Ontario Court of Justice	Trial Court of Ontario
Cour de justice de l'Ontario	Cour de première instance de l'Ontario
Ontario Court (General Division)	Superior Court of Justice
Cour de l'Ontario (Division générale)	Cour supérieure de justice
Ontario Court (Provincial Division)	Ontario Court of Justice
Cour de l'Ontario (Division provinciale)	Cour de justice de l'Ontario
Chief Justice of the Ontario Court of Justice	Chief Justice of the Superior Court of Justice
Juge en chef de la Cour de justice de l'Ontario	Juge en chef de la Cour supérieure de justice
Associate Chief Justice of the Ontario Court of Justice	Associate Chief Justice of the Superior Court of Justice
Juge en chef adjoint de la Cour de justice de l'Ontario	Juge en chef adjoint de la Cour supérieure de justice
Associate Chief Justice (Family Court) of the Ontario Court of Justice	Associate Chief Justice (Family Court) of the Superior Court of Justice
Juge en chef adjoint (Cour de la famille) de la Cour de justice de l'Ontario	Juge en chef adjoint (Cour de la famille) de la Cour supérieure de justice
Chief Judge of the Ontario Court (Provincial Division)	Chief Justice of the Ontario Court of Justice
Juge en chef de la Cour de l'Ontario (Division provinciale)	Juge en chef de la Cour de justice de l'Ontario
Associate Chief Judge of the Ontario Court (Provincial Division)	Associate Chief Justice of the Ontario Court of Justice
Juge en chef adjoint de la Cour de l'Ontario (Division provinciale)	Juge en chef adjoint de la Cour de justice de l'Ontario
Associate Chief Judge-Co-ordinator of Justices of the Peace	Associate Chief Justice Co-ordinator of Justices of the Peace
Juge en chef adjoint-coordonnateur des juges de paix	Juge en chef adjoint et coordonnateur des juges de paix
Accountant of the Ontario Court	Accountant of the Superior Court of Justice
Comptable de la Cour de l'Ontario	Comptable de la Cour supérieure de justice

Same

(2) Subsection (1) does not apply to references to the Ontario Court of Justice enacted or made on or after the date this section comes into force.

(2) Section 10 of the Act is repealed and the following substituted:

Court of Ontario

10. (1) The Ontario Court of Justice is continued under the name Trial Court of Ontario in English and Cour de première instance de l'Ontario in French.

Divisions

(2) The Trial Court of Ontario shall consist of two divisions, the Superior Court of Justice (formerly the Ontario Court (General Division)) and the Ontario Court of Justice (formerly the Ontario Court (Provincial Division)).

Chief Justice

(3) The person who is the Chief Justice of the Superior Court of Justice shall also be the Chief Justice and president of the Trial Court of Ontario.

(3) Subsection 11 (1) of the Act is repealed and the following substituted:

Superior Court of Justice

(1) The Ontario Court (General Division) is continued as a superior court of record under the name Superior Court of Justice in English and Cour supérieure de justice in French.

(4) Clauses 12 (1) (a), (b) and (c) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 2, are repealed and the following substituted:

(a) the Chief Justice of the Superior Court of Justice who shall be president of the Superior Court of Justice;

(b) the Associate Chief Justice of the Superior Court of Justice;

(5) Section 34 of the Act is repealed and the following substituted:

Ontario Court of Justice

34. The Ontario Court (Provincial Division) is continued as a court of record under the name Ontario Court of Justice in English and Cour de justice de l'Ontario in French.

(6) Section 50 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 16, is repealed and the following substituted:

Complaint against Chief Justice of the Ontario Court of Justice

50. (1) If the Chief Justice of the Ontario Court of Justice is the subject of a complaint,

(a) the Chief Justice of Ontario shall appoint another judge of the Ontario Court of Justice to be a member of the Judicial Council instead of the Chief Justice of the Ontario Court of Justice, until the complaint is finally disposed of;

(b) the Associate Chief Justice of the Ontario Court of Justice shall chair meetings and hearings of the Council instead of the Chief Justice of the Ontario Court of Justice, and make appointments under subsection 49_(3) instead of the Chief Justice, until the complaint is finally disposed of; and

(c) any reference of the complaint that would otherwise be made to the Chief Justice of the Ontario Court of Justice under clause 51.4_(13)_(b) or 51.4_(18)_(c), subclause 51.5_(8) (b)_(ii) or clause 51.5_(10)_(b) shall be made to the Chief Justice of the Superior Court of Justice instead of to the Chief Justice of the Ontario Court of Justice.

Suspension of Chief Justice

(2) If the Chief Justice of the Ontario Court of Justice is suspended under subsection 51.4_(12),

(a) complaints that would otherwise be referred to the Chief Justice of the Ontario Court of Justice under clauses 51.4_(13)_(b) and 51.4_(18)_(c), subclause 51.5_(8)_(b) (ii) and clause 51.5_(10)_(b) shall be referred to the Associate Chief Justice of the Ontario Court of Justice, until the complaint is finally disposed of; and

(b) annual approvals that would otherwise be granted or refused by the Chief Justice of the Ontario Court of Justice shall be granted or refused by the Associate Chief Justice of the Ontario Court of Justice, until the complaint is finally disposed of.

Complaint against Associate Chief Justice or regional senior judge

(3) If the Associate Chief Justice of the Ontario Court of Justice or the regional senior judge appointed under clause 49_(2)_(c) is the subject of a complaint, the Chief Justice ofthe Ontario Court of Justice shall appoint another judge of the Ontario Court of Justice to be a member of the Judicial Council instead of the Associate Chief Justice or regional senior judge, as the case may be, until the complaint is finally disposed of.

(7) Subsection 51.4 (12) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 12, section 16, is repealed and the following substituted:

Exception: complaints against certain judges

(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.

(8) Subsection 52 (4) of the Act is amended by striking out "Ontario Court of Justice" in the first and second lines and substituting "Trial Court of Ontario".

(9) The English version of subsection 78 (1) of the Act is amended by striking out "or chief judge" in the last line.

(10) Subsection 86 (1) of the Act is amended by striking out "Ontario Court (General Division)" in the first two lines and substituting "Trial Court of Ontario".

(11) Subsection 86 (3) of the Act is repealed.

(12) If Bill 61 (An Act to simplify government processes and to improve efficiency in the Ministry of the Attorney General, introduced on June 5, 1996) receives Royal Assent, subsection 88 (2) of the Courts of Justice Act, as enacted by section 5 of the Bill, is amended by striking out "Accountant of the Ontario Court" and substituting "Accountant of the Superior Court of Justice".

(13) Subsection 89 (6) of the Act, as amended by Statutes of Ontario, 1994, chapter 27, section 43, is amended by striking out the portion preceding clause (a) and substituting the following:

(6) Where a person for whom the Children's Lawyer has acted is interested in a mortgage held by the Accountant of the Superior Court of Justice, the Children's Lawyer shall take reasonable care to ensure that,

(14) The following provisions of the Act are amended by striking out "Ontario Court" where indicated and substituting "Superior Court of Justice":

1. Subsection 4 (1), in the third line.

2. Subsection 12 (1.2), as enacted by the Statutes of Ontario, 1994, chapter 12, section 2, in the last two lines.

3. Subsection 12 (2), in the fourth line, in the fifth line and in the last line.

4. Subsection 13 (1), in the third line.

5. Subsection 14 (1), in the first and second lines.

6. Subsection 14 (2), as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, in the third line.

7. Subsection 14 (4), as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 3, in the first line.

8. Subsection 14 (5), in the last line.

9. Subsection 14 (6), as amended by the Statutes of Ontario, 1994, chapter 12, section 3, in the first line.

10. Subsection 15 (1), in the first and second lines.

11. Subsection 18 (2), as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 5, in the second line.

12. Subsection 20 (1), as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 7, in the fifth and sixth lines.

13. Clause 21 (2) (c), in the second line.

14. Clause 21.2 (1) (a), as enacted by the Statutes of Ontario, 1994, chapter 12, section 8, in the first line.

15. Subsection 21.2 (5), as enacted by the Statutes of Ontario, 1994, chapter 12, section 8, in the last two lines.

16. Subsection 22 (2), in the second line.

17. Clause 33 (2) (a), as enacted by the Statutes of Ontario, 1994, chapter 12, section 13, in the first line.

18. Subsection 33 (4), as enacted by the Statutes of Ontario, 1994, chapter 12, section 13, in the first line.

19. Subsection 52 (1), as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 17, in the fourth line.

20. Clause 65 (2) (a.1), as enacted by the Statutes of Ontario, 1994, chapter 12, section 20, in the last line.

21. Clause 65 (2) (c), in the last line.

22. Clause 65 (2) (d), in the last line.

23. Clause 65 (2) (j), as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 20, in the last line.

24. Clause 67 (2) (b), as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 22, in the last line.

25. Clause 67 (2) (e), as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 22, in the last line.

26. Clause 67 (2) (n), as enacted by section 1.

27. Clause 69 (2) (a), as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 23, in the third and fourth lines.

28. Clause 69 (2) (c), in the last line.

29. Clause 69 (2) (l), as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 23, in the second line.

30. Clause 72 (2) (b), as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 25, in the last line.

31. Clause 73 (2) (a), as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 26, in the third and fourth lines.

32. Clause 79 (b), in the second and third lines.

33. Subsection 86.1 (4), as enacted by section 1.

34. Subsection 86.2 (1), as enacted by section 1.

35. Subsection 87 (4), as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 34, in the fourth line.

36. Subsection 87 (5), as enacted by the Statutes of Ontario, 1994, chapter 12, section 34, in the fourth line.

37. Paragraph 1 of subsection 87 (6), as enacted by the Statutes of Ontario, 1994, chapter 12, section 34, in the sixth and seventh lines.

38. Paragraph 2 of subsection 87 (6), as enacted by the Statutes of Ontario, 1994, chapter 12, section 34, in the second line.

39. Subsection 87 (7), as enacted by the Statutes of Ontario, 1994, chapter 12, section 34, in the last two lines.

40. Subsection 87.1 (2), as enacted by the Statutes of Ontario, 1994, chapter 12, section 35, in the fourth line.

41. Subsection 87.1 (3), as enacted by the Statutes of Ontario, 1994, chapter 12, section 35, in the fourth line.

42. Paragraph 1 of subsection 87.1 (4), as enacted by the Statutes of Ontario, 1994, chapter 12, section 35, in the third last line.

43. Paragraph 2 of subsection 87.1 (4), as enacted by the Statutes of Ontario, 1994, chapter 12, section 35, in the second line.

44. Subsection 87.1 (5), as enacted by the Statutes of Ontario, 1994, chapter 12, section 35, in the second last line.

(15) The following provisions of the Act are amended by striking out "division" where indicated and substituting "court":

1. Subsection 12 (3), in the last line.

2. Subsection 21.3 (1), as enacted by the Statutes of Ontario, 1994, chapter 12, section 8, in the sixth line.

3. Clause 49 (2) (b), as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 16, in the second line.

4. Subsection 49 (3), as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 16, in the second line.

5. Subsection 49 (9), as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 16, in the second line.

6. Section 51.12, as enacted by the Statutes of Ontario, 1994, chapter 12, section 16, in the sixth line.

7. Subsection 52 (2.1), as enacted by the Statutes of Ontario, 1994, chapter 12, section 17, in the fourth line.

8. Subsection 52 (2.2), as enacted by the Statutes of Ontario, 1994, chapter 12, section 17, in the fourth line.

9. Clause 67 (2) (g), as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 22, in the last line.

(16) The following provisions of the Act are amended by striking out "division" or "Division" in the French version where indicated and substituting "cour" or "Cour" as appropriate:

1. Subsection 14 (1), in the last line.

2. Section 16, as amended by the Statutes of Ontario, 1994, chapter 12, section 4, in the last line.

3. Subsection 21.5 (3), as enacted by the Statutes of Ontario, 1994, chapter 12, section 8, in the tenth line.

4. Subsection 36 (1), in the last line.

5. Subsection 36 (6), in the second last line and in the last line.

(17) The Act is amended by striking out "Ontario Court (General Division)" and "General Division" wherever they occur and substituting in each case "Superior Court of Justice".

(18) The Act is amended by striking out "Ontario Court (Provincial Division)" and "Provincial Division" wherever they occur and substituting in each case "Ontario Court of Justice".

(19) Subsections (17) and (18) do not apply to any provision enacted by this Part, to subsection 86 (1) of the Act or to the Schedule to the Act.

(20) The English version of the Act is amended by striking out "Chief Judge", "Chief Judges" and "Chief Judge's" wherever they occur, whether capitalized or not, and substituting "Chief Justice", "Chief Justices" and "Chief Justice's", or uncapitalized forms, as appropriate.

(21) Subsection (20) does not apply to any provision enacted by this Part, to subsection 42 (11) or 78 (1) of the Act or to section 123 of the Act.

Transition, seals and forms

10. (1) A reference in a court seal or printed court form to the name of a court or the title of an official changed by section 8 does not prevent the form or seal from being used during the one year period following the date the change to the name or title becomes effective.

(2) This section applies only to court seals and printed court forms in existence on the date the changes to the names of the courts and the titles of the officials become effective.

PART V

COMMENCEMENT AND SHORT TITLE

Commencement

11. (1) Except as provided in subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2) Part IV comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

12. The short title of this Act is the Courts Improvement Act, 1996.