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Courts of Justice Act

ONTARIO REGULATION 485/16

SALARY AND BENEFITS OF CASE MANAGEMENT MASTERS

Consolidation Period:  From February 23, 2018 to the e-Laws currency date.

Last amendment: 39/18.

Legislative History: 39/18.

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) For service during a period set out in Column 1 of the following Table, case management masters shall be paid on the basis of the annual salary amount set out in the corresponding row of Column 2 of the Table:

Table

Column 1 (period)

Column 2 (annual salary)

April 1, 2011 to March 31, 2012

$213,937

April 1, 2012 to March 31, 2013

$218,216

April 1, 2013 to March 31, 2014

$224,108

April 1, 2014 to March 31, 2015

$228,366

April 1, 2015 to March 31, 2016

$234,536

April 1, 2016 to March 31, 2017

$251,300

April 1 in a year after 2016 to March 31 of the following year

The annual salary for the previous period, adjusted in accordance with subsection (2).

O. Reg. 485/16, s. 2 (1); O. Reg. 39/18, s. 1 (1).

(2) Effective on April 1 in every year after 2016, the annual salary shall be adjusted as follows:

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).

(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) Case management masters are entitled to receive the benefits set out under sections 4 to 7 while holding office as a case management master, and the benefits set out in section 8 after ceasing to hold office, subject to any conditions or restrictions set out under this Regulation.

(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.

Travel and related expenses

4. (1) Case management masters are entitled to claim and be reimbursed for the following expenses actually incurred in the course of a case management master’s duties, and approved as reasonable by the Chief Justice:

1. Mileage expenses for travel in the case management master’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 case management master’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 case management master’s attendance or participation before the conference.

(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.

Other expenses

5. (1) Case management masters 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 a case management master’s office, including,

(a) the purchase of one set of judicial attire associated with the office of case management master 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 case management master’s regular location; and

(e) membership in recognized associations contributing to professional development.

(2) Subsection (1) does not apply to expenses for which reimbursement is provided under section 4.

(3) A case management master is not entitled under subsection (1) to claim or be reimbursed for more than $2,500 of expenses for the twelve-month period commencing on the 1st day of April in each year, other than under clause (1) (a).

(4) Subsection (3) applies to expenses incurred on or after April 1, 2011.

(5) If a case management master’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 case management master may, subject to that subsection, claim the excess as an expense in respect of the following twelve-month period.

(6) Property for which a case management master is reimbursed under subsection (1) is the property of the Crown in right of Ontario, and the case management master or his or her personal representative shall deliver the property to the Crown when the case management master ceases to hold office, if the property is in serviceable condition at that time.

Vacation credits

6. Case management masters shall receive vacation credits at the following rate:

1. On and after January 1, 2017 and before January 1, 2018,

i. 2 11/12 days per month during the first five years of continuous service, and

ii. 3 1/3 days per month after five years of continuous service.

2. On and after January 1, 2018, 3 1/3 days per month. O. Reg. 485/16, s. 6; O. Reg. 39/18, s. 2.

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.

(2) Case management masters 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).

(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 a case management master.

2. A reference to an employee’s employment shall be read as a reference to a case management master’s appointment, and a reference to being employed shall be read as a reference to holding office as a case management master.

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 a case management master 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 a case management master, 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, and

ii. despite clause (1) (d) of that section, the reimbursement of charges incurred on and after January 1, 2017 for the services of a psychologist, including of the holder of a Master of Social Work, is up to $40 per half-hour.

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 case management masters 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).

(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 case management masters 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).

(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 a case management master during a self-funded leave are those that apply to case management masters 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).

(6) The group insurance benefits that apply to case management masters under this section continue to apply to a case management master 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.

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 case management master, 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 a case management master on or after January 1, 2017, the person begins receiving an immediate unreduced pension upon retiring as a case management master.

2. A person who dies while holding the office of case management master, 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”)

“OPSEU collective agreement” means the collective agreement between the Crown and the Ontario Public Service Employees Union covering the period of January 1, 2015 to December 31, 2017, dated May 24, 2016 and available from the Treasury Board Secretariat; (“convention collective du SEFPO”)

“pension” means a pension paid from one or both of,

(a) the Public Service Pension Fund or a pension fund established by statute to continue that Fund, and

(b) any pension fund established within the Consolidated Revenue Fund for the purpose of providing supplementary pension benefits to case management masters; (“pension”)

“pension plan” means a plan governing a fund referred to in the definition of “pension”; (“régime de retraite”)

“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).

(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).

(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.

(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 case management master; 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 case management master.

(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.

(6) The supplementary health and hospital insurance benefits and dental insurance benefits that shall be provided are the benefits to which persons appointed as public servants under Part III of the Public Service of Ontario Act, 2006, other than for a fixed term, are entitled under the following provisions of Part B of the OPSEU collective agreement, subject to the terms and conditions that apply under those provisions including the administrative processes for enrolment, as modified by subsection (7):

1. Articles 39.1 to 39.3.

2. Articles 40.1.1 to 40.3.

(7) For the purposes of subsection (6), the provisions of the OPSEU collective agreement referred to in that subsection apply with the following modifications and any other necessary modifications:

1. A reference to an employee shall be read as a reference to an eligible person.

2. A reference to an eligible participant or to an eligible dependent shall be read as a reference to a person who is entitled to receive benefits under clause (4) (b) or (c) or subsection (5).

3. A reference to the Employer shall be read as a reference to the Crown.

4. The reference in article 39.2.16 to the information booklet described in article 39.6 shall be read as a reference to the information booklet respecting benefits under this section that is referred to in subsection 3 (2).

(8) In the case of an eligible person who ceases to hold office as case management master 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 OPSEU collective agreement, 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.

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).

 

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