[36] Bill 48 Original (PDF)
B048_E
Bill 48 1998
An Act to Improve Court Services
for Families by Facilitating
Expansion of the Family Court and to
make other amendments to the
Courts of Justice Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Effect of Schedules
1. (1) If this section is proclaimed in force before section 8 of the Courts Improvement Act, 1996 is proclaimed in force, the Courts of Justice Act is amended in accordance with Schedule A and Schedule B is repealed.1
Same
(2) If this section is proclaimed in force after section 8 of the Courts Improvement Act, 1996 is proclaimed in force, the Courts of Justice Act is amended in accordance with Schedule B and Schedule A is repealed.
Amendments to s. 53
2. (1) Subsection 53 (1) of the Courts of Justice Act is amended by adding the following clauses:
(a.2) fixing the remuneration of provincial judges;
(a.3) providing for the benefits to which provincial judges are entitled, including benefits respecting,
(i) leave of absence and vacations,
(ii) sick leave credits and payments in respect of those credits, and
(iii) pension benefits for provincial judges and their surviving spouses and children.
Same
(2) Section 53 of the Act is amended by adding the following subsection:
Idem
(3) If there is a conflict between a regulation made under clause (1) (a.2) or (a.3) and the Framework Agreement set out in the Schedule, the Framework Agreement prevails.
Commencement
3. (1) Subject to subsection (2), this Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Same
(2) Section 2 shall be deemed to have come into force on February 28, 1995.
Short title
4. The short title of this Act is the Courts of Justice Amendment Act (Improved Family Court), 1998.
______________
1The Courts of Justice Act has been previously amended by the Statutes of Ontario, 1991, chapter 46; 1993, chapter 27, Schedule; Ontario Regulation 922/93; the Statutes of Ontario, 1994, chapter 12, sections 1 to 48; 1994, chapter 27, section 43; 1996, chapter 25, sections 1 and 9; chapter 31, sections 65 and 66; 1997, chapter 19, section 32; chapter 23, section 5 and chapter 26, Schedule.
SCHEDULE A
AMENDMENTS IF SECTION 1 OF THIS BILL IS PROCLAIMED IN FORCE BEFORE SECTION 8 OF THE COURTS IMPROVEMENT ACT, 1996
PART I
AMENDMENTS TO THE COURTS OF JUSTICE ACT
1. (1) Subsection 12 (1) of the Courts of Justice Act is repealed and the following substituted:
Composition of General Division
(1) The General Division consists of,
(a) the Chief Justice of the Ontario Court of Justice, who shall be president of the Ontario Court of Justice;
(b) the Associate Chief Justice of the Ontario Court of Justice;
(c) a regional senior judge of the General Division for each region;
(d) the Senior Judge of the Family Court; and
(e) such number of judges of the General Division as is fixed under clause 53 (1) (a).
(2) Subsections 12 (1.1), (1.2) and (1.3) of the Act are repealed.
2. Section 14 of the Act is repealed and the following substituted:
Powers and duties of Chief Justice of Ontario Court
14. (1) The Chief Justice of the Ontario Court shall direct and supervise the sittings of the Ontario Court (General Division) and the assignment of its judicial duties.
Regional senior judges, General Division
(2) A regional senior judge of the General Division shall, subject to the authority of the Chief Justice of the Ontario Court, exercise the powers and perform the duties of the Chief Justice in respect of the General Division in his or her region.
Delegation
(3) A regional senior judge of the General Division may delegate to a judge of the General Division in his or her region the authority to exercise specified functions.
Absence of Chief Justice of Ontario Court
(4) If the Chief Justice of the Ontario Court is absent from Ontario or is for any reason unable to act, his or her powers and duties shall be exercised and performed by the Associate Chief Justice of the Ontario Court.
Senior Judge of Family Court
(5) The Senior Judge of the Family Court shall,
(a) advise the Chief Justice of the Ontario Court with regard to,
(i) the education of judges sitting in the Family Court,
(ii) practice and procedure, including mediation, in the Family Court,
(iii) the expansion of the Family Court, and
(iv) the expenditure of funds budgeted for the Family Court;
(b) meet from time to time with the community liaison committees and community resources committees established under sections 21.13 and 21.14; and
(c) perform other duties relating to the Family Court assigned to the Senior Judge of the Family Court by the Chief Justice.
Absence of regional senior judge or Senior Judge of Family Court
(6) The powers and duties of a regional senior judge of the General Division and the Senior Judge of the Family Court when he or she is absent from Ontario or is for any reason unable to act shall be exercised and performed by a judge of the General Division designated by the Chief Justice of the Ontario Court.
Meetings with Associate Chief Justice, regional senior judges and Senior Judge of Family Court
(7) The Chief Justice of the Ontario Court may hold meetings with the Associate Chief Justice, the regional senior judges and the Senior Judge of the Family Court in order to consider any matters concerning sittings of the General Division and the assignment of its judicial duties.
2.1 Subsection 18 (2) of the Act is amended by striking out "the associate chief justices" where it appears and substituting "the associate chief justice".
3. (1) Clauses 21.2 (1) (b) and (c) of the Act are repealed and the following substituted:
(b) the Associate Chief Justice;
(c) the Senior Judge of the Family Court.
(2) Subsections 21.2 (4), (5) and (6) of the Act are repealed and the following substituted:
Temporary assignments
(4) The Chief Justice of the Ontario Court may, from time to time, temporarily assign a judge referred to in clause (1) (d) or (e) to hear matters outside the jurisdiction of the Family Court.
4. Sections 21.3 to 21.6 of the Act are repealed and the following substituted:
Transitional measure
21.3 (1) All proceedings referred to in the Schedule to section 21.8 or in section 21.12 that are pending in the General Division or the Provincial Division in an area named under subsection 21.1 (5) as an area in which the Family Court has jurisdiction shall be transferred to and continued in the Family Court.
Same
(2) If a judge sitting in the Ontario Court (Provincial Division) is seized of a matter in a proceeding that is the subject of a transfer under subsection (1), the judge may complete that matter.
5. Section 21.9.1 of the Act is amended by inserting after "section 21.8" in the second line "or in section 21.12".
6. Section 21.12 of the Act is repealed and the following substituted:
Enforcement of Orders
21.12 (1) A judge presiding over the Family Court shall be deemed to be a judge of the Provincial Division for the purpose of prosecutions under Part III (Child Protection) and Part VII (Adoption) of the Child and Family Services Act, the Children's Law Reform Act, the Family Law Act and the Family Responsibility and Support Arrears Enforcement Act, 1996.
Same
(2) The Family Court shall continue as a youth court for the purposes of the Young Offenders Act (Canada) with respect to all proceedings that were commenced in the Family Court under that Act before the day the Courts of Justice Amendment Act (Improved Family Court), 1998 is proclaimed in force.
Repeal
(3) Subsection (2) is repealed on a day to be named by proclamation of the Lieutenant Governor.
7. Subsections 21.13 (1) and (2) of the Act are repealed and the following substituted:
Community liaison committee
(1) There shall be one or more community liaison committees, as recommended by the Chief Justice of the Ontario Court, or by a person he or she designates for the purpose, and approved by the Attorney General, for each area in which the Family Court has jurisdiction.
Composition
(2) A community liaison committee consists of judges, lawyers, persons employed in court administration and other residents of the community, appointed by the Chief Justice of the Ontario Court or by a person he or she designates for the purpose.
8. Subsections 21.14 (1) and (2) of the Act are repealed and the following substituted:
Community resources committee
(1) There shall be one or more community resources committees, as recommended by the Chief Justice of the Ontario Court, or by a person he or she designates for the purpose, and approved by the Attorney General, for each area in which the Family Court has jurisdiction.
Composition
(2) A community resources committee consists of judges, lawyers, members of social service agencies, persons employed in court administration and other residents of the community, appointed by the Chief Justice of the Ontario Court or by a person whom he or she designates for the purpose.
9. (1) Subsection 52 (2) of the Act is repealed and the following substituted:
Same, Family Court
(2) The judges of the Family Court shall meet at least once in each year, on a day fixed by the Chief Justice of the Ontario Court, in order to consider this Act, the rules of court and the administration of justice generally.
(2) Subsection 52 (2.2) of the Act is repealed and the following substituted:
Same, regional senior judges, General Division
(2.2) The regional senior judges of the General Division and the Senior Judge of the Family Court shall meet at least once in each year with the Chief Justice and the Associate Chief Justice of the Ontario Court, on a day fixed by the Chief Justice, in order to consider this Act, the rules of court and the administration of justice generally.
10. Clauses 53 (1) (a) and (a.1) of the Act are repealed and the following substituted:
(a) fixing the number of judges of the General Division for the purpose of clause 12 (1) (e);
(a.1) fixing the number of judges of the General Division who are members of the Family Court appointed under clause 21.2 (1) (e).
10.1 Clause 65 (2) (a.1) of the Act is amended by striking out "associate chief justices" where it appears and substituting "associate chief justice".
11. (1) Subsection 67 (2) of the Act is repealed and the following substituted:
Composition
(2) The Family Rules Committee is composed of,
(a) the Chief Justice and Associate Chief Justice of Ontario;
(b) the Chief Justice and Associate Chief Justice of the Ontario Court;
(c) the Senior Judge of the Family Court;
(d) the Chief Judge of the Ontario Court (Provincial Division) or, at his or her designation, an associate chief judge;
(e) one judge of the Court of Appeal, who shall be appointed by the Chief Justice of Ontario;
(f) four judges of the General Division appointed by the Chief Justice of the Ontario Court, at least two of whom shall be judges of the Family Court referred to in clause 21.2 (1) (d) or (e);
(g) two judges of the Provincial Division, who shall be appointed by the Chief Judge of that division;
(h) the Attorney General or a person designated by the Attorney General;
(i) one law officer of the Crown, who shall be appointed by the Attorney General;
(j) two persons employed in the administration of the courts, who shall be appointed by the Attorney General;
(k) four lawyers, who shall be appointed by The Law Society of Upper Canada;
(l) four lawyers, who shall be appointed by the Chief Justice of the Ontario Court; and
(m) two lawyers, who shall be appointed by the Chief Judge of the Provincial Division.
(2) Subsections 67 (4) and (5) of the Act are repealed and the following substituted:
Tenure of office
(4) Each of the members of the Family Rules Committee appointed under clauses (2) (e), (f), (g), (i), (j), (k), (l) and (m) shall hold office for a period of three years and is eligible for reappointment.
Vacancies
(5) Where a vacancy occurs among the members appointed under clause (2) (e), (f), (g), (i), (j), (k), (l) or (m), a new member similarly qualified may be appointed for the remainder of the unexpired term.
12. Subsection 68 (1) of the Act is repealed and the following substituted:
Family rules
(1) Subject to the approval of the Lieutenant Governor in Council, the Family Rules Committee may make rules for the Court of Appeal, the Ontario Court (General Division) and the Ontario Court (Provincial Division) in relation to the practice and procedure of those courts in proceedings under the statutory provisions set out in the Schedule to section 21.8.
13. Clause 72 (2) (b) of the Act is repealed and the following substituted:
(b) the Chief Justice and the Associate Chief Justice of the Ontario Court and the Senior Judge of the Family Court.
14. Clause 73 (2) (a) of the Act is repealed and the following substituted:
(a) the Chief Justice and Associate Chief Justice of Ontario, the Chief Justice and Associate Chief Justice of the Ontario Court, the Senior Judge of the Family Court and the Chief Judge and associate chief judges of the Ontario Court (Provincial Division).
15. Clause 75 (1) (a) of the Act is repealed and the following substituted:
(a) the regional senior judge of the Ontario Court (General Division), the regional senior judge of the Ontario Court (Provincial Division) and, in a region where the Family Court has jurisdiction, a judge chosen by the Chief Justice of the Ontario Court (General Division).
16. Clause 79 (d) of the Act is repealed.
17. (1) Subsection 86 (1) of the Act is amended by striking out "and the Unified Family Court" where it appears.
(2) Subsection 86 (4) of the Act is repealed.
18. Subsection 18 (2) of the Courts of Justice Statute Law Amendment Act, 1994 is repealed.
PART II
AMENDMENTS TO THE COURTS IMPROVEMENT ACT, 1996
19. The provisions of the Courts Improvement Act, 1996 listed in column 1 of the following Table, which amend the provisions of the Courts of Justice Act set out opposite in Column 2, are repealed:
TABLE
TABLEAU
COLUMN 1
COLUMN 2
COLONNE 1
COLONNE 2
Provisions of Courts Improvement Act, 1996
Provisions of Courts of Justice Act amended by the provision listed opposite in Column 1
Dispositions de la Loi de 1996 sur l'amélioration des tribunaux
Dispositions de la Loi sur les tribunaux judiciaires modifiées par celles énumérées en regard à la colonne 1
Subsection 9 (4)
Clauses 12 (1) (a), (b) and (c)
Paragraphe 9 (4)
Alinéas 12 (1) a), b) et c)
Paragraph 2 of subsection 9 (14)
Subsection 12 (1.2)
Disposition 2 du paragraphe 9 (14)
Paragraphe 12 (1.2)
Paragraphs 5 to 9 of subsection 9 (14)
Subsections 14 (1), (2), (4), (5) and (6)
Dispositions 5 à 9 du paragraphe 9 (14)
Paragraphes 14 (1), (2), (4), (5) et (6)
Paragraph 15 of subsection 9 (14)
Subsection 21.2 (5)
Disposition 15 du paragraphe 9 (14)
Paragraphe 21.2 (5)
Paragraphs 24, 25 and 26 of subsection 9 (14)
Clauses 67 (2) (b), (e) and (n)
Dispositions 24, 25 et 26 du paragraphe 9 (14)
Alinéas 67 (2) b), e) et n)
Paragraphs 30 and 31 of subsection 9 (14)
Clauses 72 (2) (b) and 73 (2) (a)
Dispositions 30 et 31 du paragraphe 9 (14)
Alinéas 72 (2) b) et 73 (2) a)
Paragraph 2 of subsection 9 (15)
Subsection 21.3 (1)
Disposition 2 du paragraphe 9 (15)
Paragraphe 21.3 (1)
Paragraph 8 of subsection 9 (15)
Subsection 52 (2.2)
Disposition 8 du paragraphe 9 (15)
Paragraphe 52 (2.2)
Paragraph 9 of subsection 9 (15)
Clause 67 (2) (g)
Disposition 9 du paragraphe 9 (15)
Alinéa 67 (2) g)
Paragraph 1 of subsection 9 (16)
Subsection 14 (1)
Disposition 1 du paragraphe 9 (16)
Paragraphe 14 (1)
Paragraph 3 of subsection 9 (16)
Subsection 21.5 (3)
Disposition 3 du paragraphe 9 (16)
Paragraphe 21.5 (3)
COLUMN 1
Provisions of Courts Improvement Act, 1996
COLUMN 2
Provisions of Courts of Justice Act amended by the provision listed opposite in Column 1
COLONNE 1
Dispositions de la Loi de 1996 sur l'amélioration des tribunaux
COLONNE 2
Dispositions de la Loi sur les tribunaux judiciaires modifiées par celles énumérées en regard à la colonne 1
Subsection 9 (4)
Clauses 12 (1) (a), (b) and (c)
Paragraphe 9 (4)
Alinéas 12 (1) a), b) et c)
Paragraph 2 of subsection 9 (14)
Subsection 12 (1.2)
Disposition 2 du paragraphe 9 (14)
Paragraphe 12 (1.2)
Paragraphs 5 to 9 of subsection
9 (14)
Subsections 14 (1), (2), (4), (5) and (6)
Dispositions 5 à 9 du paragraphe 9 (14)
Paragraphes 14 (1), (2), (4), (5) et (6)
Paragraph 15 of subsection 9 (14)
Subsection 21.2 (5)
Disposition 15 du paragraphe 9 (14)
Paragraphe 21.2 (5)
Paragraphs 24, 25 and 26 of subsection 9 (14)
Clauses 67 (2) (b), (e) and (n)
Dispositions 24, 25 et 26 du paragraphe 9 (14)
Alinéas 67 (2) b), e) et n)
Paragraphs 30 and 31 of subsection 9 (14)
Clauses 72 (2) (b) and 73 (2) (a)
Dispositions 30 et 31 du paragraphe 9 (14)
Alinéas 72 (2) b) et 73 (2) a)
Paragraph 2 of subsection 9 (15)
Subsection 21.3 (1)
Disposition 2 du paragraphe 9 (15)
Paragraphe 21.3 (1)
Paragraph 8 of subsection 9 (15)
Subsection 52 (2.2)
Disposition 8 du paragraphe 9 (15)
Paragraphe 52 (2.2)
Paragraph 9 of subsection 9 (15)
Clause 67 (2) (g)
Disposition 9 du paragraphe 9 (15)
Alinéa 67 (2) g)
Paragraph 1 of subsection 9 (16)
Subsection 14 (1)
Disposition 1 du paragraphe 9 (16)
Paragraphe 14 (1)
Paragraph 3 of subsection 9 (16)
Subsection 21.5 (3)
Disposition 3 du paragraphe 9 (16)
Paragraphe 21.5 (3)
PART III
AMENDMENTS TO THE COURTS OF JUSTICE ACT WHEN SECTION 8 OF THE COURTS IMPROVEMENT ACT, 1996 IS PROCLAIMED IN FORCE
20. (1) On the day that section 8 of the Courts Improvement Act, 1996 is proclaimed in force, the following provisions of the Courts of Justice Act, as set out in Part I of this Schedule, are amended in accordance with subsections (2) to (16).
(2) Subsection 12 (1) of the Courts of Justice Act is repealed and the following substituted:
Composition of Superior Court of Justice
(1) The Superior Court of Justice consists of,
(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;
(c) a regional senior judge of the Superior Court of Justice for each region;
(d) the Senior Judge of the Family Court; and
(e) such number of judges of the Superior Court of Justice as is fixed under clause 53 (1) (a).
(3) Section 14 of the Act is repealed and the following substituted:
Powers and duties of Chief Justice of Superior Court of Justice
14. (1) The Chief Justice of the Superior Court of Justice shall direct and supervise the sittings of the Superior Court of Justice and the assignment of its judicial duties.
Regional senior judges, Superior Court of Justice
(2) A regional senior judge of the Superior Court of Justice shall, subject to the authority of the Chief Justice of the Superior Court of Justice, exercise the powers and perform the duties of the Chief Justice in respect of the Superior Court of Justice in his or her region.
Delegation
(3) A regional senior judge of the Superior Court of Justice may delegate to a judge of the Superior Court of Justice in his or her region the authority to exercise specified functions.
Absence of Chief Justice of Superior Court of Justice
(4) If the Chief Justice of the Superior Court of Justice is absent from Ontario or is for any reason unable to act, his or her powers and duties shall be exercised and performed by the Associate Chief Justice of the Superior Court of Justice.
Senior Judge of Family Court
(5) The Senior Judge of the Family Court shall,
(a) advise the Chief Justice of the Superior Court of Justice with regard to,
(i) the education of judges sitting in the Family Court,
(ii) practice and procedure, including mediation, in the Family Court,
(iii) the expansion of the Family Court, and
(iv) the expenditure of funds budgeted for the Family Court;
(b) meet from time to time with the community liaison committees and community resources committees established under sections 21.13 and 21.14; and
(c) perform other duties relating to the Family Court assigned to the Senior Judge of the Family Court by the Chief Justice.
Absence of regional senior judge or Senior Judge of Family Court
(6) The powers and duties of a regional senior judge of the Superior Court of Justice and the Senior Judge of the Family Court when he or she is absent from Ontario or is for any reason unable to act shall be exercised and performed by a judge of the Superior Court of Justice designated by the Chief Justice of the Superior Court of Justice.
Meetings with Associate Chief Justice, regional senior judges and Senior Judge of Family Court
(7) The Chief Justice of the Superior Court of Justice may hold meetings with the Associate Chief Justice, the regional senior judges and the Senior Judge of the Family Court in order to consider any matters concerning sittings of the Superior Court of Justice and the assignment of its judicial duties.
(4) Subsection 21.2 (4) of the Act is repealed and the following substituted:
Temporary assignments
(4) The Chief Justice of the Superior Court of Justice may, from time to time, temporarily assign a judge referred to in clause (1) (d) or (e) to hear matters outside the jurisdiction of the Family Court.
(5) Section 21.3 of the Act is repealed and the following substituted:
Transitional measure
21.3 (1) All proceedings referred to in the Schedule to section 21.8 or in section 21.12 that are pending in the Superior Court of Justice or the Ontario Court of Justice in an area named under subsection 21.1 (5) as an area in which the Family Court has jurisdiction shall be transferred to and continued in the Family Court.
Same
(2) If a judge sitting in the Ontario Court of Justice is seized of a matter in a proceeding that is the subject of a transfer under subsection (1), the judge may complete that matter.
(6) Subsection 21.12 (1) of the Act is repealed and the following substituted:
Enforcement of Orders
(1) A judge presiding over the Family Court shall be deemed to be a judge of the Ontario Court of Justice for the purpose of prosecutions under Part III (Child Protection) and Part VII (Adoption) of the Child and Family Services Act, the Children's Law Reform Act, the Family Law Act and the Family Responsibility and Support Arrears Enforcement Act, 1996.
(7) Subsections 21.13 (1) and (2) of the Act are repealed and the following substituted:
Community liaison committee
(1) There shall be one or more community liaison committees, as recommended by the Chief Justice of the Superior Court of Justice, or by a person he or she designates for the purpose, and approved by the Attorney General, for each area in which the Family Court has jurisdiction.
Composition
(2) A community liaison committee consists of judges, lawyers, persons employed in court administration and other residents of the community, appointed by the Chief Justice of the Superior Court of Justice or by a person he or she designates for the purpose.
(8) Subsections 21.14 (1) and (2) of the Act are repealed and the following substituted:
Community resources committee
(1) There shall be one or more community resources committees, as recommended by the Chief Justice of the Superior Court of Justice, or by a person he or she designates for the purpose, and approved by the Attorney General, for each area in which the Family Court has jurisdiction.
Composition
(2) A community resources committee consists of judges, lawyers, members of social service agencies, persons employed in court administration and other residents of the community, appointed by the Chief Justice of the Superior Court of Justice or by a person whom he or she designates for the purpose.
(9) Subsection 52 (2) of the Act is repealed and the following substituted:
Same, Family Court
(2) The judges of the Family Court shall meet at least once in each year, on a day fixed by the Chief Justice of the Superior Court of Justice, in order to consider this Act, the rules of court and the administration of justice generally.
(10) Subsection 52 (2.2) of the Act is repealed and the following substituted:
Same, regional senior judges, Superior Court of Justice
(2.2) The regional senior judges of the Superior Court of Justice and the Senior Judge of the Family Court shall meet at least once in each year with the Chief Justice and the Associate Chief Justice of the Superior Court of Justice, on a day fixed by the Chief Justice, in order to consider this Act, the rules of court and the administration of justice generally.
(11) Clauses 53 (1) (a) and (a.1) of the Act are repealed and the following substituted:
(a) fixing the number of judges of the Superior Court of Justice for the purpose of clause 12 (1) (e);
(a.1) fixing the number of judges of the Superior Court of Justice who are members of the Family Court appointed under clause 21.2 (1) (e).
(12) Subsection 67 (2) of the Act is repealed and the following substituted:
Composition
(2) The Family Rules Committee is composed of,
(a) the Chief Justice and Associate Chief Justice of Ontario;
(b) the Chief Justice and the Associate Chief Justice of the Superior Court of Justice;
(c) the Senior Judge of the Family Court;
(d) the Chief Justice of the Ontario Court of Justice or, at his or her designation, an associate chief justice;
(e) one judge of the Court of Appeal, who shall be appointed by the Chief Justice of Ontario;
(f) four judges of the Superior Court of Justice appointed by the Chief Justice of the Superior Court of Justice, at least two of whom shall be judges of the Family Court referred to in clause 21.2 (1) (d) or (e);
(g) two judges of the Ontario Court of Justice, who shall be appointed by the Chief Justice of the Ontario Court of Justice;
(h) the Attorney General or a person designated by the Attorney General;
(i) one law officer of the Crown, who shall be appointed by the Attorney General;
(j) two persons employed in the administration of the courts, who shall be appointed by the Attorney General;
(k) four lawyers, who shall be appointed by The Law Society of Upper Canada;
(l) four lawyers, who shall be appointed by the Chief Justice of the Superior Court of Justice; and
(m) two lawyers, who shall be appointed by the Chief Justice of the Ontario Court of Justice.
(13) Subsection 68 (1) of the Act is repealed and the following substituted:
Family rules
(1) Subject to the approval of the Lieutenant Governor in Council, the Family Rules Committee may make rules for the Court of Appeal, the Superior Court of Justice and the Ontario Court of Justice in relation to the practice and procedure of those courts in proceedings under statutory provisions set out in the Schedule to section 21.8.
(14) Clause 72 (2) (b) of the Act is repealed and the following substituted:
(b) the Chief Justice and the Associate Chief Justice of the Superior Court of Justice and the Senior Judge of the Family Court.
(15) Clause 73 (2) (a) of the Act is repealed and the following substituted:
(a) the Chief Justice and Associate Chief Justice of Ontario, the Chief Justice and Associate Chief Justice of the Superior Court of Justice, the Senior Judge of the Family Court and the Chief Justice and associate chief justices of the Ontario Court of Justice.
(16) Clause 75 (1) (a) of the Act is repealed and the following substituted:
(a) the regional senior judge of the Superior Court of Justice, the regional senior judge of the Ontario Court of Justice and, in a region where the Family Court has jurisdiction, a judge chosen by the Chief Justice of the Superior Court of Justice.
SCHEDULE B
AMENDMENTS IF SECTION 8 OF THE COURTS IMPROVEMENT ACT, 1996 IS PROCLAIMED IN FORCE BEFORE SECTION 1 OF THIS BILL
1. (1) Subsection 12 (1) of the Courts of Justice Act is repealed and the following substituted:
Composition of Superior Court of Justice
(1) The Superior Court of Justice consists of,
(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;
(c) a regional senior judge of the Superior Court of Justice for each region;
(d) the Senior Judge of the Family Court; and
(e) such number of judges of the Superior Court of Justice as is fixed under clause 53 (1) (a).
(2) Subsections 12 (1.1), (1.2) and (1.3) of the Act are repealed.
2. Section 14 of the Act is repealed and the following substituted:
Powers and duties of Chief Justice of the Superior Court of Justice
14. (1) The Chief Justice of the Superior Court of Justice shall direct and supervise the sittings of the Superior Court of Justice and the assignment of its judicial duties.
Regional senior judges, Superior Court of Justice
(2) A regional senior judge of the Superior Court of Justice shall, subject to the authority of the Chief Justice of the Superior Court of Justice, exercise the powers and perform the duties of the Chief Justice in respect of the Superior Court of Justice in his or her region.
Delegation
(3) A regional senior judge of the Superior Court of Justice may delegate to a judge of the Superior Court of Justice in his or her region the authority to exercise specified functions.
Absence of Chief Justice of the Superior Court of Justice
(4) If the Chief Justice of the Superior Court of Justice is absent from Ontario or is for any reason unable to act, his or her powers and duties shall be exercised and performed by the Associate Chief Justice of the Superior Court of Justice.
Senior Judge of Family Court
(5) The Senior Judge of the Family Court shall,
(a) advise the Chief Justice of the Superior Court of Justice with regard to,
(i) the education of judges sitting in the Family Court,
(ii) practice and procedure, including mediation, in the Family Court,
(iii) the expansion of the Family Court, and
(iv) the expenditure of funds budgeted for the Family Court;
(b) meet from time to time with the community liaison committees and community resources committees established under sections 21.13 and 21.14; and
(c) perform other duties relating to the Family Court assigned to the Senior Judge of the Family Court by the Chief Justice.
Absence of regional senior judge or Senior Judge of Family Court
(6) The powers and duties of a regional senior judge of the Superior Court of Justice and the Senior Judge of the Family Court when he or she is absent from Ontario or is for any reason unable to act shall be exercised and performed by a judge of the Superior Court of Justice designated by the Chief Justice of the Superior Court of Justice.
Meetings with Associate Chief Justice, regional senior judges and Senior Judge of Family Court
(7) The Chief Justice of the Superior Court of Justice may hold meetings with the Associate Chief Justice, the regional senior judges and the Senior Judge of the Family Court in order to consider any matters concerning sittings of the Superior Court of Justice and the assignment of its judicial duties.
2.1 Subsection 18 (2) of the Act is amended by striking out "the associate chief justices" where it appears and substituting "the associate chief justice".
3. (1) Clauses 21.2 (1) (b) and (c) of the Act are repealed and the following substituted:
(b) the Associate Chief Justice;
(c) the Senior Judge of the Family Court.
(2) Subsections 21.2 (4), (5) and (6) of the Act are repealed and the following substituted:
Temporary assignments
(4) The Chief Justice of the Superior Court of Justice may, from time to time, temporarily assign a judge referred to in clause (1) (d) or (e) to hear matters outside the jurisdiction of the Family Court.
4. Sections 21.3 to 21.6 of the Act are repealed and the following substituted:
Transitional measure
21.3 (1) All proceedings referred to in the Schedule to section 21.8 or in section 21.12 that are pending in the Superior Court of Justice or the Ontario Court of Justice in an area named under subsection 21.1 (5) as an area in which the Family Court has jurisdiction shall be transferred to and continued in the Family Court.
Same
(2) If a judge sitting in the Ontario Court of Justice is seized of a matter in a proceeding that is the subject of a transfer under subsection (1), the judge may complete that matter.
5. Section 21.9.1 of the Act is amended by inserting after "section 21.8" in the second line "or in section 21.12".
6. Section 21.12 of the Act is repealed and the following substituted:
Enforcement of Orders
21.12 (1) A judge presiding over the Family Court shall be deemed to be a judge of the Ontario Court of Justice for the purpose of prosecutions under Part III (Child Protection) and Part VII (Adoption) of the Child and Family Services Act, the Children's Law Reform Act, the Family Law Act and the Family Responsibility and Support Arrears Enforcement Act, 1996.
Same
(2) The Family Court shall continue as a youth court for the purposes of the Young Offenders Act (Canada) with respect to all proceedings that were commenced in the Family Court under that Act before the day the Courts of Justice Amendment Act (Improved Family Court), 1998 is proclaimed in force.
Repeal
(3) Subsection (2) is repealed on a day to be named by proclamation of the Lieutenant Governor.
7. Subsections 21.13 (1) and (2) of the Act are repealed and the following substituted:
Community liaison committee
(1) There shall be one or more community liaison committees, as recommended by the Chief Justice of the Superior Court of Justice, or by a person he or she designates for the purpose, and approved by the Attorney General, for each area in which the Family Court has jurisdiction.
Composition
(2) A community liaison committee consists of judges, lawyers, persons employed in court administration and other residents of the community, appointed by the Chief Justice of the Superior Court of Justice or by a person whom he or she designates for the purpose.
8. Subsections 21.14 (1) and (2) of the Act are repealed and the following substituted:
Community resources committee
(1) There shall be one or more community resources committees, as recommended by the Chief Justice of the Superior Court of Justice, or by a person he or she designates for the purpose, and approved by the Attorney General, for each area in which the Family Court has jurisdiction.
Composition
(2) A community resources committee consists of judges, lawyers, members of social service agencies, persons employed in court administration and other residents of the community, appointed by the Chief Justice of the Superior Court of Justice or by a person he or she designates for the purpose.
9. (1) Subsection 52 (2) of the Act is repealed and the following substituted:
Same, Family Court
(2) The judges of the Family Court shall meet at least once in each year, on a day fixed by the Chief Justice of the Superior Court of Justice, in order to consider this Act, the rules of court and the administration of justice generally.
(2) Subsection 52 (2.2) of the Act is repealed and the following substituted:
Same, regional senior judges, Superior Court of Justice
(2.2) The regional senior judges of the Superior Court of Justice and the Senior Judge of the Family Court shall meet at least once in each year with the Chief Justice and the Associate Chief Justice of the Superior Court of Justice, on a day fixed by the Chief Justice, in order to consider this Act, the rules of court and the administration of justice generally.
10. Clauses 53 (1) (a) and (a.1) of the Act are repealed and the following substituted:
(a) fixing the number of judges of the Superior Court of Justice for the purpose of clause 12 (1) (e);
(a.1) fixing the number of judges of the Superior Court of Justice who are members of the Family Court appointed under clause 21.2 (1) (e).
10.1 Clause 65 (2) (a.1) of the Act is amended by striking out "associate chief justices" where it appears and substituting "associate chief justice".
11. (1) Subsection 67 (2) of the Act is repealed and the following substituted:
Composition
(2) The Family Rules Committee is composed of,
(a) the Chief Justice and Associate Chief Justice of Ontario;
(b) the Chief Justice and Associate Chief Justice of the Superior Court of Justice;
(c) the Senior Judge of the Family Court;
(d) the Chief Justice of the Ontario Court of Justice or, at his or her designation, an associate chief justice;
(e) one judge of the Court of Appeal, who shall be appointed by the Chief Justice of Ontario;
(f) four judges of the Superior Court of Justice appointed by the Chief Justice of the Superior Court of Justice, at least two of whom shall be judges of the Family Court referred to in clause 21.2 (1) (d) or (e);
(g) two judges of the Ontario Court of Justice, who shall be appointed by the Chief Justice of the Ontario Court of Justice;
(h) the Attorney General or a person designated by the Attorney General;
(i) one law officer of the Crown, who shall be appointed by the Attorney General;
(j) two persons employed in the administration of the courts, who shall be appointed by the Attorney General;
(k) four lawyers, who shall be appointed by The Law Society of Upper Canada;
(l) four lawyers, who shall be appointed by the Chief Justice of the Superior Court of Justice; and
(m) two lawyers, who shall be appointed by the Chief Justice of the Ontario Court of Justice.
(2) Subsections 67 (4) and (5) of the Act are repealed and the following substituted:
Tenure of office
(4) Each of the members of the Family Rules Committee appointed under clauses (2) (e), (f), (g), (i), (j), (k), (l) and (m) shall hold office for a period of three years and is eligible for reappointment.
Vacancies
(5) Where a vacancy occurs among the members appointed under clause (2) (e), (f), (g), (i), (j), (k), (l) or (m), a new member similarly qualified may be appointed for the remainder of the unexpired term.
12. Subsection 68 (1) of the Act is repealed and the following substituted:
Family rules
(1) Subject to the approval of the Lieutenant Governor in Council, the Family Rules Committee may make rules for the Court of Appeal, the Superior Court of Justice and the Ontario Court of Justice in relation to the practice and procedure of those courts in proceedings under the statutory provisions set out in the Schedule to section 21.8.
13. Clause 72 (2) (b) of the Act is repealed and the following substituted:
(b) the Chief Justice and the Associate Chief Justice of the Superior Court of Justice and the Senior Judge of the Family Court.
14. Clause 73 (2) (a) of the Act is repealed and the following substituted:
(a) the Chief Justice and Associate Chief Justice of Ontario, the Chief Justice and Associate Chief Justice of the Superior Court of Justice, the Senior Judge of the Family Court and the Chief Justice and associate chief justices of the Ontario Court of Justice.
15. Clause 75 (1) (a) of the Act is repealed and the following substituted:
(a) the regional senior judge of the Superior Court of Justice, the regional senior judge of the Ontario Court of Justice and, in a region where the Family Court has jurisdiction, a judge chosen by the Chief Justice of the Superior Court of Justice.
16. Clause 79 (d) of the Act is repealed.
17. (1) Subsection 86 (1) of the Act is amended by striking out "and the Unified Family Court" where it appears.
(2) Subsection 86 (4) of the Act is repealed.
18. Subsection 18 (2) of the Courts of Justice Statute Law Amendment Act, 1994 is repealed.
EXPLANATORY NOTE
The Bill amends the Courts of Justice Act in order to restructure the Ontario Court (General Division) to accommodate a possible expanded Family Court as a branch of the Ontario Court (General Division).
The Bill confirms the authority of the Chief Justice over the entire Court, including the Family Court. It also provides that the regional senior judges of the General Division will have authority with respect to operational matters concerning the Family Court while the Senior Judge of the Family Court continues to have authority with respect to issues related to its functional responsibilities.
The Bill has been prepared to accommodate the possibility that the court name changes set out in Part IV of the Courts Improvement Act, 1996 may come into force before or after the Bill comes into force. (The Courts Improvement Act, 1996 has received Royal Assent but Part IV has not yet been proclaimed.) Schedule A of the Bill will apply if the Bill is proclaimed before Part IV of the Courts Improvement Act, 1996 is proclaimed. Schedule B of the Bill will apply if the Bill is proclaimed after Part IV of the Courts Improvement Act, 1996 is proclaimed.
Schedule A provides amendments to the Courts of Justice Act as it would read both before and after proclamation of Part IV of the Courts Improvement Act, 1996. Part I of Schedule A sets out the amendments to the Courts of Justice Act, as it reads on the date this Bill is introduced, with respect to the Family Court. Part II of Schedule A repeals those provisions of Part IV of the Courts Improvement Act, 1996 that are not consistent with Part I of Schedule A. Part III of Schedule A provides for the amendment, when Part IV of the Courts Improvement Act, 1996 comes into force, of those provisions that are set out in Part I of Schedule A and that need amendment with respect to court names.
Schedule B amends the Courts of Justice Act, as amended to include the name changes under the Courts Improvement Act, 1996, in order to carry out the purposes of this Bill with respect to the Family Court.
The Bill also restores regulation making authority for the setting of salaries and benefits for provincial judges, while clarifying that the Framework Agreement set out in the Schedule to the Act prevails over any regulation that conflicts with it. Copyright © 1998
Office of the Legislative Assembly of Ontario
Toronto, Ontario, Canada.