O. Reg. 485/16: SALARY AND BENEFITS OF ASSOCIATE JUDGES, Courts of Justice Act
Courts of Justice Act
SALARY AND BENEFITS OF ASSOCIATE JUDGES
Consolidation Period: From August 13, 2026 to the e-Laws currency date.
Last amendment: 280/26.
Legislative History: 39/18, 597/21, 280/26.
This is the English version of a bilingual regulation.
Interpretation
Definition
1. In this Regulation,
“Chief Justice” means the Chief Justice of the Superior Court of Justice.
Salary
Salary
2. (1) Reference in this section to the salary of a Superior Court Judge for a period is reference to the greater of,
(a) the salary of a full-time judge of the Superior Court of Justice who is not the Chief Justice, Associate Chief Justice, a regional senior judge or the Senior Judge of the Family Court for that period, including any adjustment to that salary under section 25 of the Judges Act (Canada) for that period as well as any increase that may apply to the salary in respect of that period, even if the increase takes effect after that period; and
(b) the amount that would be the salary of a Superior Court Judge referred to in clause (a) for that period if, instead of being adjusted under section 25 of the Judges Act (Canada), the salary were adjusted using the formula set out in subsection (2). O. Reg. 280/26, s. 1 (1).
(1.1) An associate judge shall be paid the following annual salary for the specified period:
1. For April 1, 2024 to March 31, 2025, 80.2 per cent of the salary of a Superior Court Judge for that period.
2. For April 1, 2025 to March 31, 2026, 80.4 per cent of the salary of a Superior Court Judge for that period.
3. For April 1, 2026 to March 31, 2027, 82.3 per cent of the salary of a Superior Court Judge for that period.
4. On and after April 1, 2027, for each 12-month period beginning on April 1 in a year, 85 per cent of the salary of a Superior Court Judge for that period. O. Reg. 280/26, s. 1 (1).
(2) The following is the formula mentioned in clause (1) (b):
1. Determine the Industrial Aggregate for the 12-month period immediately preceding April 1 of the year for which the salary is to be calculated.
2. Determine the Industrial Aggregate for the 12-month period immediately preceding the period referred to in paragraph 1.
3. Calculate the percentage that the Industrial Aggregate under paragraph 1 is of the Industrial Aggregate under paragraph 2.
4. If the percentage calculated under paragraph 3 exceeds 100 per cent, the salary is to be calculated by multiplying the salary for the year preceding the year for which the salary is to be calculated by the lesser of that percentage and 107 per cent.
5. If the percentage calculated under paragraph 3 does not exceed 100 per cent, the salary shall remain unchanged. O. Reg. 485/16, s. 2 (2); O. Reg. 39/18, s. 1 (2); O. Reg. 280/26, s. 1 (2).
(3) For the purposes of subsection (2), the Industrial Aggregate for a 12-month period is the average for the 12-month period of the weekly wages and salaries of the Industrial Aggregate in Canada as published by Statistics Canada under the authority of the Statistics Act (Canada).
Benefits
Benefits while holding office and after ceasing to hold office
3. (1) Associate judges are entitled to receive the benefits set out under sections 4 to 7 while holding office as an associate judge, and the benefits set out in section 8 after ceasing to hold office, subject to any conditions or restrictions set out under this Regulation. O. Reg. 485/16, s. 3 (1); O. Reg. 597/21, s. 5 (1).
(2) The Treasury Board Secretariat shall develop and make an information booklet respecting the benefits set out under sections 4 to 7, and an information booklet respecting the benefits set out under section 8, available to persons entitled to receive the benefits. O. Reg. 485/16, s. 3 (2).
Travel and related expenses
4. (1) Associate judges are entitled to claim and be reimbursed for the following expenses actually incurred in the course of an associate judge’s duties, and approved as reasonable by the Chief Justice:
1. Mileage expenses for travel in the associate judge’s own private automobile to or from a location other than his or her regular location, based on the rates set out in the following Table:
Table
| Kilometres Driven | Southern Ontario ($ per km.) | Northern Ontario ($ per km.) |
| 0 – 4000 | 0.40 | 0.41 |
| 4001 – 10,700 | 0.35 | 0.36 |
| 10,701 – 24,000 | 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 associate 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 associate judge’s attendance or participation before the conference. O. Reg. 485/16, s. 4 (1); O. Reg. 597/21, s. 5 (1, 2).
(2) For the purposes of paragraph 1 of subsection (1), the boundary between northern Ontario and southern Ontario is as follows:
Healey Lake (Municipal) Road from Healey Lake easterly to its junction with Highway 612; Highway 612 southerly to its junction with Highway 69; Highway 69 easterly 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 County Road 58 at Killaloe Station; and County Road 58 to Pembroke; the above-named highways and roads to be included in southern Ontario.
O. Reg. 485/16, s. 4 (2).
Other expenses
5. (1) Associate judges are entitled to claim and be reimbursed for expenses actually incurred and approved as reasonable by the Chief Justice that are incidental to the fit and proper execution of an associate judge’s office, including,
(a) the purchase of one set of judicial attire associated with the office of associate judge in a seven year period;
(b) the maintenance of the judicial attire;
(c) the purchase and maintenance of luggage for transporting documents and judicial attire;
(d) purchase of books and other publications related to judicial duties, other than books and publications that are available at the associate judge’s regular location; and
(e) membership in recognized associations contributing to professional development. O. Reg. 485/16, s. 5 (1); O. Reg. 597/21, s. 5 (1, 2).
(2) Subsection (1) does not apply to expenses for which reimbursement is provided under section 4. O. Reg. 485/16, s. 5 (2).
(3) Other than under clause (1) (a), an associate judge is not entitled under subsection (1) to claim or be reimbursed for more than the following amount of expenses incurred during the 12-month period commencing on April 1 in each year:
1. $3,750, in respect of expenses incurred on or after April 1, 2018 but before April 1, 2025.
2. $6,000, in respect of expenses incurred on or after April 1, 2025. O. Reg. 280/26, s. 2.
(4) If an associate judge does not serve for a full 12-month period, the maximum amount that the associate judge is entitled to claim or be reimbursed under subsection (3) shall be prorated accordingly. O. Reg. 280/26, s. 2.
(5) If an associate judge’s expenses in a twelve-month period mentioned in subsection (3) exceed the amount that he or she is entitled to claim for the period, the associate judge may, subject to that subsection, claim the excess as an expense in respect of the following twelve-month period. O. Reg. 485/16, s. 5 (5); O. Reg. 597/21, s. 5 (1, 2).
(6) Property for which an associate judge is reimbursed under subsection (1) is the property of the Crown in right of Ontario, and the associate judge or his or her personal representative shall deliver the property to the Crown when the associate judge ceases to hold office, if the property is in serviceable condition at that time. O. Reg. 485/16, s. 5 (6); O. Reg. 597/21, s. 5 (1).
Vacation credits
6. Associate judges shall receive vacation credits at the rate of 3 1/3 days per month. O. Reg. 597/21, s. 3.
Other benefits
7. (1) In this section,
“Compensation Directive” means the document titled “Compensation Directive”, as revised on January 27, 2014, that is issued by Management Board of Cabinet and available from the Treasury Board Secretariat of the Government of Ontario. O. Reg. 485/16, s. 7 (1).
(2) Associate judges shall receive the benefits provided under the following provisions of the Compensation Directive to SMG (Senior Management Group) employees, subject to the terms and conditions that apply under those provisions, as those provisions are modified by subsection (3):
1. Section 4 of Part I.
2. Part II, other than section 33, subsections 34 (1) to (5), and sections 47, 48, 57, 58 and 59.
3. Section 1, other than subsection 1 (3), and sections 2, 3 and 4 of Appendix A. O. Reg. 485/16, s. 7 (2); O. Reg. 39/18, s. 3 (1); O. Reg. 597/21, s. 5 (1).
(3) For the purposes of subsection (2), the provisions of the Compensation Directive referred to in that subsection apply with the following modifications and any other necessary modifications:
1. A reference to an employee that includes an SMG (Senior Management Group) employee shall be read as a reference to an associate judge.
2. A reference to an employee’s employment shall be read as a reference to an associate judge’s appointment, and a reference to being employed shall be read as a reference to holding office as an associate judge.
3. References to the Public Service Commission, the Secretary of Management Board of Cabinet or the Deputy Minister, in relation to the exercise of a power or performance of a function or duty by that entity or person under the Compensation Directive, shall be read as a reference to the Chief Justice, subject to paragraphs 7 and 12.
4. A reference to the employer shall be read as a reference to the Crown.
5. A reference to the rate at which vacation credits are accrued shall be read as a reference to the rate set out in section 6 of this Regulation, and a reference to subsection 34 (1) of the Compensation Directive shall be read as a reference to section 6 of this Regulation.
6. In subsection 43 (8), the reference to an employee’s progression on the wage grid during the leave and any negotiated or amended wage rates for the classification of the employee’s position that are implemented during his or her leave shall be read as a reference to any increases under section 2 of this Regulation to the annual salary amount that an associate judge shall be paid that take effect during his or her leave.
7. In clause 46 (3) (b), a leave for special or compassionate purposes for a period of over six months may only be granted on the recommendation of the Chief Justice with the approval of the Lieutenant Governor in Council.
7.1 Despite subsection 53 (2), for the purposes of section 53, “total disability” means the continuous inability, as the result of illness or injury, to perform the principal duties of an associate judge, and “totally disabled” has a corresponding meaning.
8. In section 55, as remade by subsection 3 (2) of Appendix A,
i. a reference to January 1, 2015 shall be read as a reference to January 1, 2017,
ii. the reimbursement of charges incurred during the period beginning on January 1, 2017 and ending on March 31, 2025 for the services of a psychologist, including of the holder of a Master of Social Work, is up to $40 per half-hour, despite clause (1) (d) of that section, and
iii. for charges incurred on or after April 1, 2025,
A. clause (1) (d) of that section shall be read as also providing for the reimbursement of charges for the services of a psychotherapist, and
B. the reimbursement of charges for the services of a psychologist, including the holder of a Master of Social Work, or a psychotherapist is up to $80 per half-hour to an annual maximum of $1,600, despite clause (1) (d) of that section.
9. Subsection 56 (7), as remade by subsection 3 (5) of Appendix A, does not apply.
10. In subsection 64 (1.3), as added by subsection 4 (2) of Appendix A, the reference to April 1, 2014 shall be read as a reference to January 1, 2017.
11. In subsection 64 (1.4), as added by subsection 4 (2) of Appendix A, the reference December 31, 2015 shall be read as a reference to December 31, 2016.
12. In section 66, a termination allowance is subject to the approval of the Lieutenant Governor in Council.
13. In subsection 67 (2), as remade by subsection 4 (3) of Appendix A,
i. the reference to January 1, 2016 shall be read as a reference to January 1, 2017, and
ii. the reference to December 31, 2015 shall be read as a reference to December 31, 2016.
14. Sections 1 (other than subsection 1 (3)), 2 and 3 of Appendix A do not become effective with respect to associate judges until January 1, 2017, despite the specification of any other effective date.
15. In clause 1 (2) (b) of Appendix A,
i. the reference to January 1, 2015 shall be read as a reference to January 1, 2017, and
ii. the reference to December 31, 2016 shall be read as a reference to December 31, 2017. O. Reg. 485/16, s. 7 (3); O. Reg. 39/18, s. 3 (2, 3); O. Reg. 597/21, s. 5 (1, 2); O. Reg. 280/26, s. 3.
(4) The self-funded leave plan developed by the Secretary of Management Board of Cabinet under section 48 of the Compensation Directive that is titled “Ontario Public Service Self-Funded Leave Plan (SFLP) Policy”, as updated in May, 2012 and available from the Treasury Board Secretariat, applies to associate judges as it applies to SMG (Senior Management Group) employees, subject to the modifications in subsection (5). O. Reg. 485/16, s. 7 (4); O. Reg. 39/18, s. 3 (4); O. Reg. 597/21, s. 5 (1).
(5) For the purposes of subsection (4), the self-funded leave plan applies with the modifications set out in paragraphs 1, 2 and 4 of subsection (3), the following modifications, and any other necessary modifications:
1. References to a deputy minister, in relation to the exercise of a power or performance of a function or duty by a deputy minister respecting an employee under the self-funded leave plan, shall be read as a reference to the Chief Justice.
2. The restrictions on the activities of an associate judge during a self-funded leave are those that apply to associate judges under sections 46 and 86.1 of the Act, including under any standards of conduct established under subsection 86.1 (9) of the Act.
3. A reference to the Public Service Pension Plan shall be read as a reference to a pension plan as defined in subsection 8 (1). O. Reg. 485/16, s. 7 (5); O. Reg. 597/21, s. 5 (1).
(6) The group insurance benefits that apply to associate judges under this section continue to apply to an associate judge on a self-funded leave if he or she continues to pay his or her share of the premiums for the insurance during the leave. O. Reg. 485/16, s. 7 (6); O. Reg. 597/21, s. 5 (1).
Benefits after ceasing to hold office
8. (1) In this section,
“dependent child” means, in respect of an eligible person,
(a) an unmarried child who has not attained the age of 21 years,
(b) an unmarried child who has not attained the age of 26 years and who is in full-time attendance at an educational institution or on vacation from it, or
(c) a child who is 21 or more years of age and is mentally or physically infirm and dependent on the eligible person; (“enfant à charge”)
“eligible person” means any of the following persons:
1. A person who is receiving a pension and whose last contribution to a fund from which the pension is paid, or the last contribution made on his or her behalf to a fund from which the pension is paid, was made while the person was holding the office of associate judge or case management master, as the case may be, if,
i. the person,
A. has at least 10 years of credit in the pension plan, or
B. contributed or had contributions made on his or her behalf to a fund from which the pension is paid in respect of continuous service of at least 10 years, and has credit in the pension plan for some part of each of those 10 years; and
ii. in the case of a person who was appointed as an associate judge or a case management master, as the case may be, on or after January 1, 2017, the person begins receiving an immediate unreduced pension upon retiring as an associate judge.
2. A person who dies while holding the office of associate judge or case management master, as the case may be, if, as of the date of the person’s death, he or she met the requirements of subparagraph 1 i and was eligible to retire to an immediate unreduced pension; (“personne admissible”)
“legacy post-retirement benefits plan” means the post-retirement benefits plan described in section 6 of the post-retirement insured benefits order, as that section read on April 1, 2024; (“régime d’avantages de retraite initial”)
“pension” means a pension paid from one or more of,
(a) the Public Service Pension Fund or a pension fund established by statute to continue that Fund,
(b) the Public Service Pension Plan Retirement Compensation Arrangement Trust Fund, and
(c) any pension fund established within the Consolidated Revenue Fund for the purpose of providing supplementary pension benefits to associate judges; (“pension”)
“pension plan” means a plan governing a fund referred to in the definition of “pension”; (“régime de retraite”)
“post-retirement insured benefits order” means Order in Council 1933/2016, as amended by Order in Council 1125/2021; (“décret relatif aux avantages de retraite assurés”)
“spouse” means,
(a) a spouse as defined in section 1 of the Family Law Act, or
(b) either of two persons who live together in a conjugal relationship outside marriage. (“conjoint”)
“unreduced pension” means a pension calculated without reference to the early retirement reduction provisions set out in the Public Service Pension Plan; (“pension non réduite”) O. Reg. 485/16, s. 8 (1); O. Reg. 39/18, s. 4 (1); O. Reg. 597/21, s. 4 (1); O. Reg. 280/26, s. 4 (1-4).
(1.1) A person who retired as a case management master on or after January 1, 2017 and before February 23, 2018 and who, on retirement, met the requirements of subparagraph 1 i of the definition of “eligible person” in subsection (1) is an eligible person for the purposes of this section. O. Reg. 39/18, s. 4 (2).
(2) For the purposes of the definition of “pension” in subsection (1), the pension must be paid in regular monthly instalments, except in the case of an election referred to in subsection 9 (1). O. Reg. 485/16, s. 8 (2).
(3) Life insurance of $2,000 on the life of each eligible person shall be provided to the eligible person during his or her lifetime, unless, on or after retiring, the eligible person provides to the Ontario Public Service Pension Board an irrevocable waiver of the entitlement in writing. O. Reg. 485/16, s. 8 (3).
(4) The supplementary health and hospital insurance benefits and dental insurance benefits described in subsection (6) shall be provided, subject to the terms and conditions specified in that subsection, to,
(a) the eligible person;
(b) the spouse of the eligible person, if the spouse would have been entitled to receive a benefit had the eligible person continued holding the office of associate judge or case management master, as the case may be; and
(c) a dependent child of the eligible person, if the dependent child would have been entitled to receive a benefit had the eligible person continued holding the office of associate judge or case management master, as the case may be. O. Reg. 485/16, s. 8 (4); O. Reg. 597/21, s. 4 (2).
(5) If the eligible person is deceased, the supplementary health and hospital insurance benefits and dental insurance benefits described in subsection (6) shall be provided, subject to the terms and conditions specified in that subsection, to,
(a) the surviving spouse of the eligible person and any dependent children, if the surviving spouse is entitled to receive a pension as a result of the eligible person’s death; and
(b) if there is no surviving spouse, a dependent child of the eligible person, if the dependent child is entitled to receive a pension as a result of the eligible person’s death. O. Reg. 485/16, s. 8 (5).
(6) The supplementary health and hospital insurance benefits and dental insurance benefits that shall be provided are the benefits to which eligible persons within the meaning of subsection 1 (1) of the post-retirement insured benefits order are entitled under the legacy post-retirement benefits plan. O. Reg. 280/26, s. 4 (5).
(7) Revoked: O. Reg. 280/26, s. 4 (5).
(8) In the case of an eligible person who ceases to hold office as associate judge or case management master, as the case may be, as a result of retirement or death on or after January 1, 2017, the Crown shall, despite anything to the contrary in this section or in the legacy post-retirement benefits plan, pay half of the monthly premium for the benefits provided under this section, and the balance shall be paid by the eligible person or, if the eligible person is deceased, by the person or persons entitled to receive a pension as a result of the eligible person’s death. O. Reg. 485/16, s. 8 (8); O. Reg. 597/21, s. 4 (3); O. Reg. 280/26, s. 4 (6).
Exception, shortened life expectancy
9. (1) Subsections 8 (4) and (5) do not apply if the eligible person has made a valid election to vary the terms of payment of his or her pension in the circumstances set out in subsection 49 (2) of the Pension Benefits Act, except as provided by subsection (2).
(2) Benefits shall be provided under subsection 8 (4) and, until the last day of the month in which the eligible person dies, under subsection 8 (5), if the eligible person provides to the Ontario Public Service Pension Board a release signed by the eligible person and his or her spouse, if any, to continue the benefits until that day.
10. Omitted (revokes other Regulations).
11. Omitted (provides for coming into force of provisions of this Regulation).
