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Courts of Justice Act
Loi sur les tribunaux judiciaires

ONTARIO REGULATION 67/92

SALARIES AND BENEFITS OF PROVINCIAL JUDGES

Historical version for the period August 27, 2007 to December 19, 2007.

Last amendment: O. Reg. 508/07.

This Regulation is made in English only.

CONTENTS

   

Sections

 

Definitions

1

PART I

SALARIES

2

PART II

PENSIONS AND SURVIVOR ALLOWANCES

 
 

Definition

3

 

Pensions

4-16

 

Survivor Allowances

17-27

 

Contributions and Refunds

28-32

 

Administration

33-36

 

Application and Transition

37-47

PART III

OTHER BENEFITS

 
 

General

48-49

 

Holidays

50

 

Vacation

51

 

Sickness and Disability

52-53

 

Pregnancy Leave and Parental Leave

54-55

 

Special and Compassionate Leaves

56-57

 

Group Insurance Plans

58-65

 

Transitional Provisions for Termination Payments

66-75

PART IV

EXPENSE ALLOWANCES

76-78

PART V

PART-TIME JUDGES

79-81

Definitions

1. In this Regulation,

“basic service requirement” means the basic service requirement set out in section 5;

“Board” means the Provincial Judges Pension Board;

“Chief Judge” means the Chief Judge of the Ontario Court (Provincial Division), except that, in respect of a judge who is authorized under clause 24 (2) (a) of the Act to hear and determine proceedings in the Small Claims Court, “Chief Judge” means the Chief Justice of the Ontario Court;

“child” includes a person whom someone has demonstrated a settled intention to treat as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody;

“judge” means a provincial judge;

“Long Term Income Protection Plan” means the Long Term Income Protection Plan under section 53;

“parental leave” means a leave of absence under section 55;

“pregnancy leave” means a leave of absence under section 54;

“service” means service as a judge. O. Reg. 67/92, s. 1.

PART I
SALARIES

2. For service on and after the 1st day of April, 1991, the annual salary of a full-time judge shall be the salary set out in Column 2 of the Table to this section opposite the office held by the judge set out in Column 1.

TABLE

Column 1

Column 2

Office

Salary

Chief Judge

$142,000

Regional Senior Judge

136,085

Co-ordinator of Justices of the Peace

136,085

Provincial Judge

124,250

O. Reg. 67/92, s. 2; O. Reg. 762/92, s. 1.

PART II
PENSIONS AND SURVIVOR ALLOWANCES

Definition

3. In this Part,

“spouse” means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who have lived together in a conjugal relationship outside marriage,

(i) continuously for a period of not less than three years, or

(ii) in a relationship of some permanence, if they are the natural or adoptive parents of a child or have demonstrated a settled intention to treat a child as a child of their family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody. O. Reg. 67/92, s. 3; O. Reg. 28/00, s. 1; O. Reg. 283/05, s. 1.

Pensions

4. (1) A judge who ceases to hold office or is serving on a part-time basis under section 47 of the Act is entitled to a pension during his or her lifetime if the judge meets the basic service requirement. O. Reg. 67/92, s. 4 (1); O. Reg. 29/02, s. 1 (1).

(2) The annual amount of the pension is an amount equal to a percentage of the greatest of the following amounts that apply to the judge:

Note: On the earliest of a) the day a certificate prepared by the 6th and 7th Provincial Judges Remuneration Commission and entitled “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; b) the day an annual report of the Provincial Judges Remuneration including, in its title, the phrase “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; and c) April 30, 2008, subsection (2) is amended by striking out the portion before paragraph 1 and substituting the following:

(2) The annual amount of the pension for a judge who is not a judge described in clause (3.1) (a) or (b) is the amount equal to the percentage determined under subsection (3) of the greatest of the following amounts that applies to the judge:

See: O. Reg. 508/07, ss. 1 (1), 5 (2).

1. The salary of the Chief Justice, in the case of,

i. a Chief Justice who ceases to hold office as a judge under subsection 47 (1) of the Act on or after attaining the age for retirement or who resigns under subsection 48 (1) of the Act,

ii. a judge who held the office of Chief Justice and who held the office of Chief Justice, regional senior judge or Co-ordinator of Justices of the Peace for a total of five years or more, or

iii. a judge who held the office of Chief Justice and who was appointed to hold office, on or after February 28, 1995, as Chief Justice, Associate Chief Justice, Associate Chief Justice Co-ordinator of Justices of the Peace or regional senior judge and who held one or more of those offices for a total of three years or more.

1.1 The salary of an Associate Chief Justice, in the case of,

i. an Associate Chief Justice or Associate Chief Justice Co-ordinator of Justices of the Peace who ceases to hold office as a judge under subsection 47 (1) of the Act on or after attaining the age for retirement or who resigns under subsection 48 (1) of the Act,

ii. a judge who held the office of Associate Chief Justice or Associate Chief Justice Co-ordinator of Justices of the Peace who was appointed to hold office, on or after February 28, 1995, as Associate Chief Justice, Associate Chief Justice Co-ordinator of Justices of the Peace or regional senior judge and who held one or more of those offices for a total of three years or more.

2. The salary of a regional senior judge, in the case of,

i. a regional senior judge or Co-ordinator of Justices of the Peace who ceases to hold office as a judge under subsection 47 (1) of the Act on or after attaining the age for retirement or who resigns under subsection 48 (1) of the Act,

ii. a judge who held the office of regional senior judge or Co-ordinator of Justices of the Peace for a total of five years or more, or

iii. a judge who was appointed to hold office, on or after February 28, 1995, as regional senior judge and who held that office for three years or more.

3. The salary of the Chief Judge, in the case of a judge who held the office of chief judge before the 1st day of September, 1990.

4. 95.84 per cent of the salary of the Chief Judge, in the case of a judge who held the office of associate chief judge or Senior Master before the 1st day of September, 1990.

5. 93.34 per cent of the salary of the Chief Judge, in the case of a judge who held the office of senior judge before the 1st day of September, 1990.

6. The salary of a full-time provincial judge. O. Reg. 67/92, s. 4 (2); O. Reg. 29/02, s. 1 (2).

(3) The percentage mentioned in subsection (2) is the percentage set out in Column 2 of the Table to this subsection opposite the age in Column 1 at which the judge ceased to hold office or started to serve on a part-time basis, whichever occurred first, adjusted in accordance with subsection (4).

TABLE

Column 1

Column 2

Age at ceasing to hold office or starting on part-time basis

Percentage

65

45

66

46

67

47

68

48

69

49

70

50

71

51

72

52

73

53

74

54

75

55

O. Reg. 67/92, s. 4 (3); O. Reg. 460/93, s. 1 (1).

Note: On the earliest of a) the day a certificate prepared by the 6th and 7th Provincial Judges Remuneration Commission and entitled “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; b) the day an annual report of the Provincial Judges Remuneration including, in its title, the phrase “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; and c) April 30, 2008, section 4 is amended by adding the following subsections:

(3.1) The amount of the pension for a judge is determined in accordance with subsection (3.2) if,

(a) the judge is appointed to office on or after June 1, 2007; or

(b) the judge was appointed to office before June 1, 2007, and makes a one-time irrevocable election no later than six months after this subsection comes into force or May 1, 2008, whichever occurs last, to have his or her pension determined under the rules applicable for judges appointed to office on or after June 1, 2007. O. Reg. 508/07, s. 1 (2).

(3.2) The amount of the pension for a judge described in clause (3.1) (a) or (b) is determined as follows:

1. The initial annual amount of the pension is the amount equal to the percentage determined under subsection (3.3) of the greatest of the amounts described under paragraphs 1 to 6 of subsection (2) that apply to the judge.

2. The amount of the pension is subject to inflation adjustments determined in the same manner and effective as of the same day that any inflation adjustments are made to pensions payable by the Public Service Pension Plan under section 24 of Schedule 1 to the Public Service Pension Act, 1989 as it read on the day this subsection comes into force, except that the phrase “to a maximum of 1.080 or a minimum of 1.000” shall be read as “to a minimum of 1.000” wherever it appears in that section. O. Reg. 508/07, s. 1 (2).

(3.3) The percentage mentioned in paragraph 1 of subsection (3.2) is the percentage set out in Column 2 of the Table to this subsection opposite the age in Column 1 at which the judge ceased to hold office or started to serve on a part-time basis, whichever occurred first, adjusted in accordance with subsection (4).

TABLE

Column 1

Column 2

Age at ceasing to hold office or starting on part-time basis

Percentage

65

56

66

57

67

58

68

59

69

60

70

61

71

62

72

63

73

64

74

65

75

66

O. Reg. 508/07, s. 1 (2).

See: O. Reg. 508/07, ss. 1 (2), 5 (2).

(4) The percentage mentioned in subsection (2) shall be increased by one point for every year of full-time service in excess of fifteen that is served before the judge attains the age of sixty-five. O. Reg. 460/93, s. 1 (2).

Note: On the earliest of a) the day a certificate prepared by the 6th and 7th Provincial Judges Remuneration Commission and entitled “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; b) the day an annual report of the Provincial Judges Remuneration including, in its title, the phrase “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; and c) April 30, 2008, subsection (4) is amended by striking out “subsection (2)” and substituting “subsection (3) or paragraph 1 of subsection (3.2)”. See: O. Reg. 508/07, ss. 1 (3), 5 (2).

(5) Subsection (4) applies whether the judge ceases to hold office or starts to serve on a part-time basis before or after August 1, 1993. O. Reg. 460/93, s. 1 (2).

5. The basic service requirement to qualify for a pension under this Part is that,

(a) the judge must have attained sixty-five years of age; and

(b) the sum of the number of years of full-time service for which the judge has credit and the judge’s age on the date the judge ceases to hold office or starts to serve on a part-time basis, whichever occurs first, must be at least eighty years. O. Reg. 67/92, s. 5.

6. (1) A judge who ceases to hold office or is serving on a part-time basis under section 44 of the Act is entitled to a pension during his or her lifetime if the judge,

(a) was appointed to office after attaining sixty years of age but before attaining sixty-five years of age; and

(b) continued as a full-time judge until attaining seventy years of age. O. Reg. 67/92, s. 6 (1).

(2) The annual amount of the pension mentioned in subsection (1) is an amount equal to a percentage of the greatest of the amounts set out in paragraphs 1 through 6 of subsection 4 (2) that apply to the judge. O. Reg. 67/92, s. 6 (2).

Note: On the earliest of a) the day a certificate prepared by the 6th and 7th Provincial Judges Remuneration Commission and entitled “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; b) the day an annual report of the Provincial Judges Remuneration including, in its title, the phrase “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; and c) April 30, 2008, subsection (2) is revoked and the following substituted:

(2) The annual amount of the pension mentioned in subsection (1) is the amount equal to the percentage determined under subsection (3) of the greatest of the amounts set out in paragraphs 1 to 6 of subsection 4 (2) that applies to the judge, if the judge is not a judge described in clause 4 (3.1) (a) or (b). O. Reg. 508/07, s. 2 (1).

See: O. Reg. 508/07, ss. 2 (1), 5 (2).

(3) The percentage mentioned in subsection (2) is set out in Column 2 of the Table to this subsection opposite the age in Column 1 at which the judge was appointed to office.

TABLE

Column 1

Column 2

Age at Appointment

Percentage

60

45

61

40

62

35

63

30

64

25

O. Reg. 67/92, s. 6 (3).

Note: On the earliest of a) the day a certificate prepared by the 6th and 7th Provincial Judges Remuneration Commission and entitled “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; b) the day an annual report of the Provincial Judges Remuneration including, in its title, the phrase “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; and c) April 30, 2008, section 6 is amended by adding the following subsections:

(3.1) The amount of the pension mentioned in subsection (1) for a judge described in clause 4 (3.1) (a) or (b) is determined as follows:

1. The initial annual amount of the pension is the amount equal to the percentage determined under subsection (3.2) of the greatest of the amounts described under paragraphs 1 to 6 of subsection 4 (2) that apply to the judge.

2. The amount of the pension is subject to inflation adjustments determined in the same manner and effective as of the same day that any inflation adjustments are made to pensions payable by the Public Service Pension Plan under section 24 of Schedule 1 to the Public Service Pension Act, 1989 as it read on the day this subsection comes into force, except that the phrase “to a maximum of 1.080 or a minimum of 1.000” shall be read as “to a minimum of 1.000” wherever it appears in that section. O. Reg. 508/07, s. 2 (2).

(3.2) The percentage mentioned in paragraph 1 of subsection (3.1) is set out in Column 2 of the Table to this subsection opposite the age in Column 1 at which the judge was appointed to office.

TABLE

Column 1

Column 2

Age at Appointment

Percentage

60

56

61

50

62

44

63

38

64

32

O. Reg. 508/07, s. 2 (2).

See: O. Reg. 508/07, ss. 2 (2), 5 (2).

(4) For a judge mentioned in subsection (1) who attains more than seventy years of age before ceasing to hold office or starting to serve on a part-time basis, the percentage determined in accordance with subsection (3) is increased by 1 per cent for each year that the judge served on a full-time basis after attaining seventy years of age. O. Reg. 67/92, s. 6 (4).

Note: On the earliest of a) the day a certificate prepared by the 6th and 7th Provincial Judges Remuneration Commission and entitled “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; b) the day an annual report of the Provincial Judges Remuneration including, in its title, the phrase “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; and c) April 30, 2008, subsection (4) is revoked and the following substituted:

(4) For a judge mentioned in subsection (1) who attains more than 70 years of age before ceasing to hold office or starting to serve on a part-time basis,

(a) the percentage determined in accordance with subsection (3) is increased by 1 per cent for each year that the judge served on a full-time basis after attaining 70 years of age, if the judge is not a judge described in clause 4 (3.1) (a) or (b); and

(b) the percentage determined in accordance with subsection (3.1) is increased, if the judge is a judge described in clause 4 (3.1) (a) or (b),

(i) by 1 per cent for each year that the judge served on a full-time basis after attaining 70 years of age, and

(ii) by an additional 1 per cent for each year of age in excess of 60 years that the judge had attained on or before the day the judge was appointed to office. O. Reg. 508/07, s. 2 (3).

See: O. Reg. 508/07, ss. 2 (3), 5 (2).

(5) For the purposes of qualification for and computation of the amount of a pension of a judge appointed to office after attaining sixty years of age but before attaining sixty-five years of age,

(a) the period of time during which the judge is on leave of absence with pay shall be credited to the judge as full-time service;

(b) the period of time during which the judge is on pregnancy leave or parental leave without pay shall be credited to the judge as full-time service; and

(c) the period of time during which the judge is receiving benefits under the Long Term Income Protection Plan shall be credited to the judge as full-time service. O. Reg. 67/92, s. 6 (5).

7. (1) A judge who has attained sixty-five years of age, has credit for at least five years of full-time service and ceases to hold office because the judge is unable to serve in office due to injury or chronic sickness is entitled to a pension during his or her lifetime. O. Reg. 67/92, s. 7 (1).

(2) The annual amount of the pension mentioned in subsection (1) is an amount equal to the annual amount of the pension the judge would have received if the judge had continued in office on a full-time basis until the judge attained seventy-five years of age. O. Reg. 67/92, s. 7 (2).

8. (1) A judge who ceases to hold office before meeting the basic service requirement is entitled to a pension equal to the applicable percentage of the amount to which the judge would be entitled under subsection 4 (2) if he or she met the basic service requirement. O. Reg. 460/93, s. 2.

Note: On the earliest of a) the day a certificate prepared by the 6th and 7th Provincial Judges Remuneration Commission and entitled “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; b) the day an annual report of the Provincial Judges Remuneration including, in its title, the phrase “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; and c) April 30, 2008, subsection (1) is revoked and the following substituted:

(1) A judge who ceases to hold office before meeting the basic service requirement is entitled to a pension equal to the applicable percentage of the amount to which the judge would be entitled, if he or she met the basic service requirement,

(a) under subsection (2), if the judge is not a judge described in clause 4 (3.1) (a) or (b); or

(b) under subsection (2.1), if the judge is a judge described in clause 4 (3.1) (a) or (b). O. Reg. 508/07, s. 3 (1).

See: O. Reg. 508/07, ss. 3 (1), 5 (2).

(2) The applicable percentage is set out in the Table to this subsection, opposite the judge’s age at appointment and below the judge’s age at retirement.

TABLE

                 

AGE AT RETIREMENT

               

     

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

   

35

25%

27%

29%

31%

33%

35%

40%

45%

50%

55%

60%

61%

62%

63%

64%

65%

66%

67%

68%

69%

70%

   

36

24%

26%

28%

30%

32%

34%

39%

44%

49%

54%

59%

60%

61%

62%

63%

64%

65%

66%

67%

68%

69%

A

 

37

23%

25%

27%

29%

31%

33%

38%

43%

48%

53%

58%

59%

60%

61%

62%

63%

64%

65%

66%

67%

68%

G

 

38

22%

24%

26%

28%

30%

32%

37%

42%

47%

52%

57%

58%

59%

60%

61%

62%

63%

64%

65%

66%

67%

E

 

39

21%

23%

25%

27%

29%

31%

36%

41%

46%

51%

56%

57%

58%

59%

60%

61%

62%

63%

64%

65%

66%

   

40

20%

22%

24%

26%

28%

30%

35%

40%

45%

50%

55%

56%

57%

58%

59%

60%

61%

62%

63%

64%

65%

A

 

41

19%

21%

23%

25%

27%

29%

34%

39%

44%

49%

54%

55%

56%

57%

58%

59%

60%

61%

62%

63%

64%

T

 

42

18%

20%

22%

24%

26%

28%

33%

38%

43%

48%

53%

54%

55%

56%

57%

58%

59%

60%

61%

62%

63%

   

43

17%

19%

21%

23%

25%

27%

32%

37%

42%

47%

52%

53%

54%

55%

56%

57%

58%

59%

60%

61%

62%

A

 

44

16%

18%

20%

22%

24%

26%

31%

36%

41%

46%

51%

52%

53%

54%

55%

56%

57%

58%

59%

60%

61%

P

 

45

15%

17%

19%

21%

23%

25%

30%

35%

40%

45%

50%

51%

52%

53%

54%

55%

56%

57%

58%

59%

60%

P

 

46

14%

16%

18%

20%

22%

24%

29%

34%

39%

44%

49%

50%

51%

52%

53%

54%

55%

56%

57%

58%

59%

O

 

47

13%

15%

17%

19%

21%

23%

28%

33%

38%

43%

48%

49%

50%

51%

52%

53%

54%

55%

56%

57%

58%

I

 

48

12%

14%

16%

18%

20%

22%

27%

32%

37%

42%

47%

48%

49%

50%

51%

52%

53%

54%

55%

56%

57%

N

 

49

11%

13%

15%

17%

19%

21%

26%

31%

36%

41%

46%

47%

48%

49%

50%

51%

52%

53%

54%

55%

56%

T

 

50

10%

12%

14%

16%

18%

20%

25%

30%

35%

40%

45%

46%

47%

48%

49%

50%

51%

52%

53%

54%

55%

M

 

51

 

8%

10%

12%

14%

16%

21%

26%

31%

36%

41%

46%

47%

48%

49%

50%

51%

52%

53%

54%

55%

E

 

52

   

10%

12%

14%

16%

21%

26%

31%

36%

41%

46%

47%

48%

49%

50%

51%

52%

53%

54%

55%

N

 

53

     

8%

10%

12%

17%

22%

27%

32%

37%

42%

47%

48%

49%

50%

51%

52%

53%

54%

55%

T

 

54

       

10%

12%

17%

22%

27%

32%

37%

42%

47%

48%

49%

50%

51%

52%

53%

54%

55%

   

55

         

8%

13%

18%

23%

28%

33%

38%

43%

48%

49%

50%

51%

52%

53%

54%

55%

   

56

           

13%

18%

23%

28%

33%

38%

43%

48%

49%

50%

51%

52%

53%

54%

55%

   

57

             

14%

19%

24%

29%

34%

39%

44%

49%

50%

51%

52%

53%

54%

55%

   

58

               

19%

24%

29%

34%

39%

44%

49%

50%

51%

52%

53%

54%

55%

   

59

                 

20%

25%

30%

35%

40%

45%

50%

51%

52%

53%

54%

55%

   

60

                   

20%

25%

30%

35%

40%

45%

46%

47%

48%

49%

50%

   

61

                     

20%

25%

30%

35%

40%

41%

42%

43%

44%

45%

   

62

                       

20%

25%

30%

35%

36%

37%

38%

39%

40%

   

63

                         

20%

25%

30%

31%

32%

33%

34%

35%

   

64

                           

20%

25%

26%

27%

28%

29%

30%

O. Reg. 460/93, s. 2

Note: On the earliest of a) the day a certificate prepared by the 6th and 7th Provincial Judges Remuneration Commission and entitled “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; b) the day an annual report of the Provincial Judges Remuneration including, in its title, the phrase “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; and c) April 30, 2008, section 8 is amended by adding the following subsection:

(2.1) The applicable percentage set out in Table 1 or 2 to this subsection, opposite the judge’s age at appointment and below the judge’s age at retirement in that Table, applies if the judge is a judge described in clause 4 (3.1) (a) or (b).

TABLE 1

Age at Appointment

Age at Retirement

55

56

57

58

59

60

61

62

63

64

35

36.00%

38.00%

40.00%

42.00%

44.00%

53.50%

57.00%

60.50%

64.00%

67.50%

36

35.00%

37.00%

39.00%

41.00%

43.00%

52.50%

56.00%

59.50%

63.00%

66.50%

37

34.00%

36.00%

38.00%

40.00%

42.00%

51.50%

55.00%

58.50%

62.00%

65.50%

38

33.00%

35.00%

37.00%

39.00%

41.00%

50.50%

54.00%

57.50%

61.00%

64.50%

39

32.00%

34.00%

36.00%

38.00%

40.00%

49.50%

53.00%

56.50%

60.00%

63.50%

40

31.00%

33.00%

35.00%

37.00%

39.00%

48.50%

52.00%

55.50%

59.00%

62.50%

41

30.00%

32.00%

34.00%

36.00%

38.00%

47.50%

51.00%

54.50%

58.00%

61.50%

42

29.00%

31.00%

33.00%

35.00%

37.00%

46.50%

50.00%

53.50%

57.00%

60.50%

43

28.00%

30.00%

32.00%

34.00%

36.00%

45.50%

49.00%

52.50%

56.00%

59.50%

44

27.00%

29.00%

31.00%

33.00%

35.00%

44.50%

48.00%

51.50%

55.00%

58.50%

45

26.00%

28.00%

30.00%

32.00%

34.00%

43.50%

47.00%

50.50%

54.00%

57.50%

46

24.00%

27.00%

29.00%

31.00%

33.00%

35.00%

46.00%

49.50%

53.00%

56.50%

47

22.00%

25.00%

28.00%

30.00%

32.00%

34.00%

39.00%

48.50%

52.00%

55.50%

48

20.00%

23.00%

26.00%

29.00%

31.00%

33.00%

38.00%

43.00%

51.00%

54.50%

49

18.00%

21.00%

24.00%

27.00%

30.00%

32.00%

37.00%

42.00%

47.00%

53.50%

50

16.00%

19.00%

22.00%

25.00%

28.00%

31.00%

36.00%

41.00%

46.00%

51.00%

51

0.00%

14.00%

17.00%

20.00%

23.00%

26.00%

32.00%

37.00%

42.00%

47.00%

52

0.00%

0.00%

16.00%

19.00%

22.00%

25.00%

31.00%

37.00%

42.00%

47.00%

53

0.00%

0.00%

0.00%

14.00%

17.00%

20.00%

26.00%

32.00%

38.00%

43.00%

54

0.00%

0.00%

0.00%

0.00%

16.00%

19.00%

25.00%

31.00%

37.00%

43.00%

55

0.00%

0.00%

0.00%

0.00%

0.00%

14.00%

20.00%

26.00%

32.00%

38.00%

56

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

19.00%

25.00%

31.00%

37.00%

57

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

20.00%

26.00%

32.00%

58

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

25.00%

31.00%

59

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

26.00%

60

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

61

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

62

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

63

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

64

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

TABLE 2

Age at Appointment

Age at Retirement

65

66

67

68

69

70

71

72

73

74

75

35

71.00%

72.00%

73.00%

74.00%

75.00%

76.00%

77.00%

78.00%

79.00%

80.00%

81.00%

36

70.00%

71.00%

72.00%

73.00%

74.00%

75.00%

76.00%

77.00%

78.00%

79.00%

80.00%

37

69.00%

70.00%

71.00%

72.00%

73.00%

74.00%

75.00%

76.00%

77.00%

78.00%

79.00%

38

68.00%

69.00%

70.00%

71.00%

72.00%

73.00%

74.00%

75.00%

76.00%

77.00%

78.00%

39

67.00%

68.00%

69.00%

70.00%

71.00%

72.00%

73.00%

74.00%

75.00%

76.00%

77.00%

40

66.00%

67.00%

68.00%

69.00%

70.00%

71.00%

72.00%

73.00%

74.00%

75.00%

76.00%

41

65.00%

66.00%

67.00%

68.00%

69.00%

70.00%

71.00%

72.00%

73.00%

74.00%

75.00%

42

64.00%

65.00%

66.00%

67.00%

68.00%

69.00%

70.00%

71.00%

72.00%

73.00%

74.00%

43

63.00%

64.00%

65.00%

66.00%

67.00%

68.00%

69.00%

70.00%

71.00%

72.00%

73.00%

44

62.00%

63.00%

64.00%

65.00%

66.00%

67.00%

68.00%

69.00%

70.00%

71.00%

72.00%

45

61.00%

62.00%

63.00%

64.00%

65.00%

66.00%

67.00%

68.00%

69.00%

70.00%

71.00%

46

60.00%

61.00%

62.00%

63.00%

64.00%

65.00%

66.00%

67.00%

68.00%

69.00%

70.00%

47

59.00%

60.00%

61.00%

62.00%

63.00%

64.00%

65.00%

66.00%

67.00%

68.00%

69.00%

48

58.00%

59.00%

60.00%

61.00%

62.00%

63.00%

64.00%

65.00%

66.00%

67.00%

68.00%

49

57.00%

58.00%

59.00%

60.00%

61.00%

62.00%

63.00%

64.00%

65.00%

66.00%

67.00%

50

56.00%

57.00%

58.00%

59.00%

60.00%

61.00%

62.00%

63.00%

64.00%

65.00%

66.00%

51

52.00%

57.00%

58.00%

59.00%

60.00%

61.00%

62.00%

63.00%

64.00%

65.00%

66.00%

52

52.00%

57.00%

58.00%

59.00%

60.00%

61.00%

62.00%

63.00%

64.00%

65.00%

66.00%

53

48.00%

53.00%

58.00%

59.00%

60.00%

61.00%

62.00%

63.00%

64.00%

65.00%

66.00%

54

48.00%

53.00%

58.00%

59.00%

60.00%

61.00%

62.00%

63.00%

64.00%

65.00%

66.00%

55

44.00%

49.00%

54.00%

59.00%

60.00%

61.00%

62.00%

63.00%

64.00%

65.00%

66.00%

56

43.00%

49.00%

54.00%

59.00%

60.00%

61.00%

62.00%

63.00%

64.00%

65.00%

66.00%

57

38.00%

44.00%

50.00%

55.00%

60.00%

61.00%

62.00%

63.00%

64.00%

65.00%

66.00%

58

37.00%

43.00%

49.00%

55.00%

60.00%

61.00%

62.00%

63.00%

64.00%

65.00%

66.00%

59

32.00%

38.00%

44.00%

50.00%

56.00%

61.00%

62.00%

63.00%

64.00%

65.00%

66.00%

60

26.00%

32.00%

38.00%

44.00%

50.00%

56.00%

57.00%

58.00%

59.00%

60.00%

61.00%

61

0.00%

26.00%

32.00%

38.00%

44.00%

50.00%

52.00%

53.00%

54.00%

55.00%

56.00%

62

0.00%

0.00%

26.00%

32.00%

38.00%

44.00%

46.00%

48.00%

49.00%

50.00%

51.00%

63

0.00%

0.00%

0.00%

26.00%

32.00%

38.00%

40.00%

42.00%

44.00%

45.00%

46.00%

64

0.00%

0.00%

0.00%

0.00%

26.00%

32.00%

34.00%

36.00%

38.00%

40.00%

41.00%

O. Reg. 508/07, s. 3 (2).

See: O. Reg. 508/07, ss. 3 (2), 5 (2).

(3) A judge who was appointed before August 1, 1993, ceases to hold office before attaining the age of sixty-five and has credit for more than fifteen years of full-time service is entitled to the greater of,

(a) a pension computed under subsections (1) and (2); or

(b) a pension computed under subsections 4 (2) and (3), without adjustment under subsection 4 (4), in the same manner as if the judge had ceased to hold office at the age of sixty-five, but reduced at the rate of 5 per cent times the number of years by which the judge is less than sixty-five years of age when he or she begins to receive the reduced pension. O. Reg. 460/93, s. 2.

Note: On the earliest of a) the day a certificate prepared by the 6th and 7th Provincial Judges Remuneration Commission and entitled “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; b) the day an annual report of the Provincial Judges Remuneration including, in its title, the phrase “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; and c) April 30, 2008, clause (b) is amended by striking out “subsections 4 (2) and (3)” and substituting “subsection 4 (2) or (3.2), as the case may be”. See: O. Reg. 508/07, ss. 3 (3), 5 (2).

(4) This section also applies with respect to a judge who is authorized under subsection 43 (1) of the Act to sit on a part-time basis, as if the judge ceases to hold office when he or she begins to serve part-time. O. Reg. 460/93, s. 2.

9. (1) For the purposes of qualification for and computation of the amount of a pension,

(a) the period of time during which a judge who is less than sixty-five years of age is on leave of absence with pay shall be credited to the judge as full-time service;

(b) the period of time during which a judge who is less than sixty-five years of age is on pregnancy leave or parental leave without pay shall be credited to the judge as full-time service; and

(c) the period of time during which a judge is receiving benefits under the Long Term Income Protection Plan shall be credited to the judge as full-time service. O. Reg. 67/92, s. 9 (1).

(2) For the purposes of qualification for and computation of the amount of a pension, a computation of service or age that involves part of a year shall be made on a monthly basis and,

(a) a part of a month less than fifteen days shall be disregarded; and

(b) a part of a month not less than fifteen days shall be deemed to be a month. O. Reg. 67/92, s. 9 (2).

10. (1) A judge who is refused the approval of the Chief Judge to continue in office is entitled, if the Judicial Council expresses the opinion that the approval should not have been refused, to a pension during his or her lifetime. O. Reg. 67/92, s. 10 (1).

(2) The annual amount of the pension is an amount equal to the annual amount of the pension the judge would have received if the judge had continued in office on a full-time basis from the date of the refusal until the judge attained seventy-five years of age. O. Reg. 67/92, s. 10 (2).

11. If a judge who does not meet the basic service requirement or, if appointed to office after attaining sixty years of age, has not attained seventy years of age, ceases to hold office and the Lieutenant Governor in Council is of the opinion that the ceasing to hold office was conducive to the better administration of justice, the Lieutenant Governor in Council may require the Board to authorize payment to the judge,

(a) of an amount specified by the Lieutenant Governor in Council in addition to the refund of contributions to which the judge is entitled under this Part; or

(b) of a pension during the judge’s lifetime in such initial annual amount as is specified by the Lieutenant Governor in Council. O. Reg. 67/92, s. 11.

12. A pension under this Part shall commence,

(a) in the case of a person who is entitled to a pension after attaining sixty-five years of age, on the first day of the month following the month in which the person entitled to the pension ceases to hold office or starts to serve on a part-time basis; or

(b) in the case of a person who is entitled to a pension before attaining sixty-five years of age,

(i) if the person elects to receive the pension before attaining sixty-five years of age, on the first day of the month following the month in which the person makes the election, or

(ii) if the person does not elect to receive the pension before attaining sixty-five years of age, on the first day of the month following the month in which the person attains sixty-five years of age. O. Reg. 67/92, s. 12.

13. (1) For the period from April 1, 1993 to March 31, 1996, the amount of every pension under this Part shall, as of April 1 of each year, be adjusted as follows:

1. Determine the Industrial Aggregate for the twelve months immediately preceding the day as of which the adjustment is to be made.

2. Determine the Industrial Aggregate for the twelve-month period immediately preceding the twelve-month 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, multiply the amount of the pension by that percentage or by 107 per cent, whichever is less.

5. If the percentage calculated under paragraph 3 does not exceed 100 per cent, the amount of the pension remains unchanged. O. Reg. 460/93, s. 3.

(2) The Industrial Aggregate for a twelve-month period is the average, for that period, of the weekly wages and salaries of the Industrial Aggregate in Canada as published by Statistics Canada. O. Reg. 460/93, s. 3.

14. A pension under this Part is payable in monthly instalments and terminates as of the end of the month in which the person entitled to the pension dies. O. Reg. 67/92, s. 14.

15. For the twelve-month period beginning on the 1st day of April of each year, the amount of the pension of a judge who is serving on a part-time basis shall be reduced by the amount, if any, by which the full-time salary of a judge of the same judicial rank is less than the sum of the following amounts:

1. The amount the part-time judge would otherwise be entitled to in the twelve-month period as a pension.

2. The amount of remuneration the judge is entitled to in the twelve-month period for serving on a part-time basis.

3. The amount of salary paid to the judge for full-time service in the twelve-month period. O. Reg. 67/92, s. 15; O. Reg. 167/93, s. 2.

16. No person is entitled to payment of two pensions under this Part during the same month. O. Reg. 67/92, s. 16.

Survivor Allowances

17. (1) The spouse of a judge who dies while serving on a full-time basis and who would have been entitled to receive a pension under this Part if the judge had ceased to hold office before dying is entitled to a survivor allowance during the spouse’s lifetime. O. Reg. 28/00, s. 2; O. Reg. 283/05, s. 2.

(2) The annual amount of the survivor allowance under this section is an amount equal to 60 per cent of the annual amount of the pension that the judge would have received if the judge had continued in office on a full-time basis until the judge attained seventy-five years of age. O. Reg. 67/92, s. 17 (2).

18. (1) The spouse of a person who dies while receiving a pension under this Part or who dies while entitled to receive a pension under this Part after ceasing to hold office as a judge is entitled to a survivor allowance during the spouse’s lifetime. O. Reg. 28/00, s. 3 (1); O. Reg. 283/05, s. 3 (1).

(2) If the deceased person was receiving a pension at the date of death, the annual amount of the survivor allowance under subsection (1) is an amount equal to 60 per cent of the annual amount of the pension. O. Reg. 67/92, s. 18 (2).

(3) If the deceased person died before attaining sixty-five years of age and was receiving a pension at the date of death computed in the same manner as an allowance or annuity under the Public Service Superannuation Act (R.S.O. 1980, c. 419), the annual amount of the survivor allowance under subsection (1) shall be determined as if the deceased person had attained sixty-five years of age before dying. O. Reg. 67/92, s. 18 (3).

(4) If the deceased person was entitled to receive but was not receiving a pension at the date of death, the annual amount of the survivor allowance under subsection (1) is an amount equal to 60 per cent of the annual amount of the pension that the deceased person would have been entitled to receive if the deceased person had attained sixty-five years of age before dying. O. Reg. 67/92, s. 18 (4).

(5) Subsections (1) to (4) do not apply to the surviving spouse of a deceased person if the spouse became that person’s spouse after the date on which the deceased person ceased to hold office. O. Reg. 283/05, s. 3 (2).

19. (1) Only one survivor allowance is payable to a spouse under this Part. O. Reg. 283/05, s. 4.

(2) If two or more spouses of a person claim to be entitled to a survivor allowance under this Part, the survivor allowance shall be paid, subject to subsection 18 (5), to,

(a) the spouse with whom the person was living on the date of the person’s death, if the person was living with a spouse on that date; or

(b) the spouse chosen by the Board following a hearing, if the person was not living with a spouse on the date of the person’s death. O. Reg. 283/05, s. 4.

20. (1) The child or children of a person who is survived by a spouse are entitled on the death of the spouse to a survivor allowance if,

(a) the person died while receiving or entitled to a pension under this Part; and

(b) the spouse received a survivor allowance under this Part in respect of the person. O. Reg. 283/05, s. 4.

(2) The annual amount of the survivor allowance under this section is an amount equal to the annual amount of the survivor allowance to which the spouse of the deceased person was entitled on the date of the spouse’s death. O. Reg. 283/05, s. 4.

21. (1) The child or children of a person who dies while receiving or entitled to a pension under this Part and who is not survived by a spouse are entitled to a survivor allowance. O. Reg. 283/05, s. 4.

(2) The annual amount of the survivor allowance under this section is an amount equal to the annual amount of the survivor allowance to which the spouse of the deceased person would be entitled under this Part if the deceased person were survived by a spouse. O. Reg. 283/05, s. 4.

(3) Subsection (1) does not apply in respect of a child of a deceased person and the spouse of the deceased person if they became spouses after the date on which the deceased person ceased to hold office. O. Reg. 283/05, s. 4.

22. (1) A child’s entitlement to a survivor allowance under this Part terminates when any of the following circumstances exist:

1. The child has attained sixteen years of age and has withdrawn from the control of the person entitled to custody of the child.

2. The child has attained eighteen years of age and is not attending a secondary school or a post-secondary educational institution recognized as such by the Board.

3. The child has attained eighteen years of age and five years have elapsed since the child completed secondary school. O. Reg. 67/92, s. 22 (1).

(2) Despite subsection (1), if the child is dependent on the survivor allowance because of a physical or mental disability when the entitlement to the allowance would terminate under subsection (1), the entitlement to the allowance shall not terminate until the child ceases to be dependent on the survivor allowance because of the disability. O. Reg. 67/92, s. 22 (2).

23. (1) The Lieutenant Governor in Council may require the Board to authorize payment of a survivor allowance in such initial annual amount as is specified by the Lieutenant Governor in Council to the spouse or the child or children of a deceased person in respect of whom the Lieutenant Governor in Council could have required the Board to authorize a pension under section 11 while the person was alive. O. Reg. 283/05, s. 5.

(2) If the Lieutenant Governor in Council requires the Board to authorize payment of a survivor allowance under this section to a spouse,

(a) the survivor allowance continues during the spouse’s lifetime; and

(b) the child or children of the deceased person are entitled on the death of the spouse to a survivor allowance in an annual amount equal to the annual amount of the survivor allowance to which the spouse was entitled on the date of the spouse’s death. O. Reg. 283/05, s. 5.

(3) Subsection (1) and clause (2) (b) do not apply in respect of a child of the deceased person and the spouse of the deceased person if they became spouses after the date on which the deceased person ceased to hold office as a judge. O. Reg. 283/05, s. 5.

24. A survivor allowance that is payable under this Part on the death of a person shall commence as of the first day of the month following the month in which the person dies. O. Reg. 67/92, s. 24.

25. (1) For the period from April 1, 1993 to March 31, 1996, the amount of every survivor allowance under this Part shall, as of April 1 of each year, be adjusted as follows:

1. Determine the Industrial Aggregate for the twelve months immediately preceding the day as of which the adjustment is to be made.

2. Determine the Industrial Aggregate for the twelve-month period immediately preceding the twelve-month 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, multiply the amount of the survivor allowance by that percentage by 107 per cent, whichever is less.

5. If the percentage calculated under paragraph 3 does not exceed 100 per cent, the amount of the survivor allowance remains unchanged. O. Reg. 460/93, s. 4.

(2) The Industrial Aggregate for a twelve-month period is the average, for that period, of the weekly wages and salaries of the Industrial Aggregate in Canada as published by Statistics Canada. O. Reg. 460/93, s. 4.

Note: On the earliest of a) the day a certificate prepared by the 6th and 7th Provincial Judges Remuneration Commission and entitled “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; b) the day an annual report of the Provincial Judges Remuneration including, in its title, the phrase “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; and c) April 30, 2008, section 25 is revoked and the following substituted:

25. If a survivor allowance under this Part is payable to a survivor of a judge described in clause 4 (3.1) (a) or (b), the amount of that survivor allowance is subject to inflation adjustments determined in the same manner and effective as of the same day that any inflation adjustments are made to pensions payable by the Public Service Pension Plan under section 24 of Schedule 1 to the Public Service Pension Act, 1989 as it read on the day this section comes into force, except that the phrase “to a maximum of 1.080 or a minimum of 1.000” shall be read as “to a minimum of 1.000” wherever it appears in that section. O. Reg. 508/07, s. 4.

See: O. Reg. 508/07, ss. 4, 5 (2).

26. A survivor allowance is payable in monthly instalments and terminates as of the end of the month in which the event occurs that terminates the survivor allowance. O. Reg. 67/92, s. 26.

27. No person is entitled to a survivor allowance under this Part in respect of a person in respect of whom a benefit is payable or paid under the group life insurance plan under section 58. O. Reg. 67/92, s. 27.

Contributions and Refunds

28. (1) Every judge shall contribute by deduction from salary an amount equal to 7 per cent of the judge’s salary. O. Reg. 460/93, s. 5 (1).

(1.1) Subsection (1) does not apply to a judge who serves on a part-time basis. O. Reg. 167/93, s. 3.

(2) Subsection (1) does not apply to require a judge to contribute in respect of any month following the month in which the judge meets the basic service requirement or attains seventy years of age. O. Reg. 67/92, s. 28 (2).

(3) Contributions under subsection (1) may be apportioned by the Board to provide for entitlements under this Part and group life insurance benefits under section 58. O. Reg. 460/93, s. 5 (2).

(4) The portions of contributions allocated to provide for entitlements under this Part shall be paid to the Provincial Judges Pension Fund. O. Reg. 460/93, s. 5 (2).

(5) The portions of contributions allocated to provide for group life insurance benefits shall be paid to the Consolidated Revenue Fund. O. Reg. 67/92, s. 28 (5).

29. (1) The personal representative of a judge who dies before or after ceasing to hold office is entitled to a refund of amounts contributed to the Provincial Judges Pension Fund by the judge in the circumstances described in subsection (2) and in an amount computed in accordance with subsections (3), (4) and (5). O. Reg. 67/92, s. 29 (1).

(2) The circumstances referred to in subsection (1) are,

(a) that no survivor allowance is payable under this Part on the death of the judge; or

(b) that all survivor allowances payable under this Part consequent on the death of the judge have been fully paid. O. Reg. 67/92, s. 29 (2).

(3) Subject to subsections (4) and (5), the amount of the refund to the personal representative is an amount equal to the sum of,

(a) that portion of the judge’s contributions under this Part allocated to the provision of a survivor allowance with interest on each allocated amount from the date it was contributed to the date the refund is paid; and

(b) the amount, if any, contributed by the judge before the 1st day of July, 1984 to the Public Service Superannuation Fund and transferred from that fund to the Provincial Judges Benefits Fund under Regulation 193 of the Revised Regulations of Ontario, 1990, including the interest that was transferred in respect of that amount, with interest from the 1st day of July, 1984 to the date the refund is paid. O. Reg. 67/92, s. 29 (3).

(4) The amount calculated under subsection (3) shall be reduced by the sum of,

(a) the survivor allowance payments, if any, made under this Part in respect of the judge; and

(b) interest on each survivor allowance payment from the date the payment was made to the date the refund is paid. O. Reg. 67/92, s. 29 (4).

(5) If the judge received pension payments under this Part, the amount described in clause (3) (b) shall be reduced by the sum of,

(a) the pension payments; and

(b) interest on each pension payment from the date the payment was made to the date the refund is paid. O. Reg. 67/92, s. 29 (5).

30. A judge who ceases to hold office for a reason other than death before becoming entitled to a pension under this Part is entitled to a refund of that portion of the judge’s contributions under this Part allocated to the provision of a survivor allowance with interest on each amount allocated from the date it was contributed to the date the refund is paid. O. Reg. 67/92, s. 30.

31. The portion of contributions under this Part that is allocated to provide for group life insurance benefits is not refundable under this Part. O. Reg. 67/92, s. 31.

32. No person is entitled to payment of a refund if the person is entitled to a pension under this Part. O. Reg. 67/92, s. 32.

Administration

33. (1) The Provincial Judges Benefits Board is continued under the name Provincial Judges Pension Board in English and Commission de retraite des juges provinciaux in French. O. Reg. 67/92, s. 33 (1).

(2) The Board shall be composed of three members who shall be appointed by the Lieutenant Governor in Council. O. Reg. 67/92, s. 33 (2).

(3) The Lieutenant Governor in Council shall designate a chair from among the members of the Board. O. Reg. 67/92, s. 33 (3).

(4) Each member of the Board shall hold office for three years and until a successor is appointed. O. Reg. 67/92, s. 33 (4).

(5) Members of the Board may be reappointed when their terms of office expire. O. Reg. 67/92, s. 33 (5).

(6) Two members of the Board constitute a quorum and are sufficient for the exercise of all the authority of the Board. O. Reg. 67/92, s. 33 (6).

(7) It is the duty of the Board to administer the pension and survivor allowance benefits provided under this Part. O. Reg. 67/92, s. 33 (7).

(8) The Board shall make a report annually to the Chair of the Management Board of Cabinet containing such information as the Chair requires concerning the work of the Board and the Chair shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session. O. Reg. 67/92, s. 33 (8).

34. (1) The Provincial Judges Benefits Fund is continued under the name Provincial Judges Pension Fund in English and Caisse de retraite des juges provinciaux in French. O. Reg. 67/92, s. 34 (1).

(2) The Fund shall consist of contributions and money paid, transferred or credited to the Fund, less money paid out under this Part. O. Reg. 67/92, s. 34 (2).

(3) The Minister of Finance is the custodian of the Fund. O. Reg. 67/92, s. 34 (3).

(4) The fiscal year of the Fund shall be the same as the fiscal year of the Consolidated Revenue Fund. O. Reg. 67/92, s. 34 (4).

(5) The account in the accounts of Ontario known as the Provincial Judges Benefits Fund Account is continued under the name Provincial Judges Pension Fund Account in English and Compte de la caisse de retraite des juges provinciaux in French and all receipts and disbursements of the Fund shall be entered in the Account. O. Reg. 67/92, s. 34 (5).

(6) The Fund and the Account shall be audited by the Provincial Auditor who shall make an annual report to the Treasurer and the Treasurer shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session, or, if not, at the next session. O. Reg. 67/92, s. 34 (6).

35. The Board may establish procedures for making payments out of the Provincial Judges Pension Fund for the purpose of this Part and no payment shall be made out of the Fund unless it is authorized by the Board or made in accordance with those procedures. O. Reg. 67/92, s. 35.

36. (1) Interest payable on amounts under this Part shall be compounded each year as of December 31 at a rate for the year that is the average monthly yield in the calendar year of five-year personal fixed term chartered bank deposit rates as determined from the Canadian Socio-Economic Information Management (CANSIM) Series B 14045 published monthly in the Bank of Canada Review. O. Reg. 29/02, s. 2.

(2) If interest is to be paid to a day that is before December 31 in a year, interest shall be computed from January 1 of the year at a rate that is the average monthly yield in the calendar year of five-year personal fixed term chartered bank deposit rates as determined from the Canadian Socio-Economic Information Management (CANSIM) Series B 14045 published monthly in the Bank of Canada Review to the most recent of December of the previous year or March, June or September of the year. O. Reg. 29/02, s. 2.

Application and Transition

37. (1) This Part applies in respect of every judge who holds office on or after the 1st day of July, 1984. O. Reg. 67/92, s. 37 (1).

(2) Subsection (1) does not apply in respect of a judge who was reappointed to hold office on a part-time basis before the 1st day of October, 1979. O. Reg. 67/92, s. 37 (2).

38. (1) A judge who was reappointed to hold office on a part-time basis on or after the 1st day of October, 1979 and before the 1st day of July, 1984, continued in office on a part-time basis on or after the 1st day of July, 1984 and was receiving a superannuation allowance immediately before the 1st day of July, 1984 under the Public Service Superannuation Act (R.S.O. 1980, c. 419) is entitled to a pension during his or her lifetime computed in the same manner as a superannuation allowance under that Act as it was immediately before the 1st day of July, 1984. O. Reg. 67/92, s. 38 (1).

(2) Subsection (1) does not apply in respect of a judge after the judge ceases to hold office or gives notice signed by the judge to the Board that the judge elects not to have subsection (1) apply to him or her. O. Reg. 67/92, s. 38 (2).

39. (1) A judge to whom subsection 37 (1) applies and who was appointed to hold office before the 1st day of July, 1984 is entitled, on ceasing to hold office or starting to serve on a part-time basis, to whichever of the following will provide a greater annual payment to the judge:

1. A pension computed under this Part, if the judge is entitled to the pension under this Part other than this section.

2. A pension computed in the same manner as a superannuation allowance or annuity, as the case requires, under the Public Service Superannuation Act (R.S.O. 1980, c. 419) as it was immediately before the 1st day of July, 1984. O. Reg. 67/92, s. 39 (1).

(2) Computations for the purpose of subsection (1) shall be made as of the day the judge ceases to hold office or starts to serve on a part-time basis. O. Reg. 67/92, s. 39 (2).

(3) The initial annual amount of a pension computed in the same manner as an annuity in accordance with paragraph 2 of subsection (1) shall be the same as the amount that would have been payable under the Public Service Superannuation Act (R.S.O. 1980, c. 419) and the Superannuation Adjustment Benefits Act (R.S.O. 1980, c. 490) as they were immediately before the 1st day of July, 1984. O. Reg. 67/92, s. 39 (3).

(4) A pension mentioned in subsection (3) shall commence on the date that the annuity would have commenced under the said Public Service Superannuation Act as it was immediately before the 1st day of July, 1984. O. Reg. 67/92, s. 39 (4).

40. (1) This Part applies in respect of every person who ceased to hold office as a judge on or after the 1st day of October, 1979 and before the 1st day of July, 1984. O. Reg. 67/92, s. 40 (1).

(2) Subsection (1) does not apply in respect of a judge who was reappointed to hold office on a part-time basis before the 1st day of October, 1979. O. Reg. 67/92, s. 40 (2).

(3) Subsection (1) does not apply in respect of a person mentioned in that subsection who died before the 1st day of July, 1984. O. Reg. 67/92, s. 40 (3).

(4) If a person to whom subsection (1) applies did not meet the basic service requirement before ceasing to hold office, the Lieutenant Governor in Council may require the Board to authorize payment to the person of a pension during the person’s lifetime in such initial annual amount as is specified by the Lieutenant Governor in Council. O. Reg. 67/92, s. 40 (4).

41. (1) A person to whom subsection 40 (1) applies is entitled to whichever of the following will provide a greater annual payment to the person:

1. A pension computed under this Part, if the person is entitled to the pension under this Part other than this section.

2. A pension computed in the same manner as a superannuation allowance or annuity, as the case requires, under the Public Service Superannuation Act (R.S.O. 1980, c. 419) as it was immediately before the 1st day of July, 1984. O. Reg. 67/92, s. 41 (1).

(2) Computations for the purpose of subsection (1) shall be made as of the 1st day of July, 1984. O. Reg. 67/92, s. 41 (2).

(3) The initial annual amount of a pension computed in the same manner as an annuity in accordance with paragraph 2 of subsection (1) shall be the same as the amount that would have been payable under the Public Service Superannuation Act (R.S.O. 1980, c. 419) and the Superannuation Adjustment Benefits Act (R.S.O. 1980, c. 490) as they were immediately before the 1st day of July, 1984. O. Reg. 67/92, s. 41 (3).

(4) A pension mentioned in subsection (3) that commences on or after the 1st day of March, 1992 shall commence on the date that the annuity would have commenced under the said Public Service Superannuation Act, as it was immediately before the 1st day of July, 1984. O. Reg. 67/92, s. 41 (4).

42. (1) A person who ceases to hold office before attaining sixty-five years of age and who is entitled to a reduced pension under section 8 and to whom section 39 applies may elect to receive a pension mentioned in paragraph 1 of subsection 39 (1) instead of a pension mentioned in paragraph 2 of subsection 39 (1). O. Reg. 67/92, s. 42 (1).

(2) A person who ceased to hold office before attaining sixty-five years of age and who is entitled to a reduced pension under section 8 and to whom section 41 applies may elect to receive a pension mentioned in paragraph 1 of subsection 41 (1) instead of a pension mentioned in paragraph 2 of subsection 41 (1). O. Reg. 67/92, s. 42 (2).

(3) Notice of an election under subsection (1) or (2) must be given in writing signed by the person to the Board within three months after commencing to receive a pension. O. Reg. 67/92, s. 42 (3).

(4) An election under subsection (1) or (2) is effective as of the date the person commences to receive the pension. O. Reg. 67/92, s. 42 (4).

(5) Subsections 14 (2), (3), (4) and (9) of the Public Service Superannuation Act (R.S.O. 1980, c. 419), as it was immediately before the 1st day of July, 1984, apply with necessary modifications in respect of the pension of a person mentioned in subsection (1) or (2) who does not make an election under subsection (1) or (2), and for the purpose a pension shall be deemed to be an allowance under that Act. O. Reg. 67/92, s. 42 (5).

43. A person who made an election under subsection 51 (4) of Regulation 193 of the Revised Regulations of Ontario, 1990 before the 1st day of July, 1985 is entitled, for as long as the person receives a pension computed in the same manner as a superannuation allowance or annuity under the Public Service Superannuation Act (R.S.O. 1980, c. 419), as it was immediately before the 1st day of July, 1984, to have his or her pension increased annually in accordance with the election,

(a) by an amount equal to the amount to which a similar pension would be increased under the Superannuation Adjustment Benefits Act (R.S.O. 1980, c. 490), as it was immediately before the 1st day of July, 1984, instead of by the amount determined under section 13; or

(b) by the amount determined under section 13. O. Reg. 67/92, s. 43.

44. (1) A person in respect of whom credit for years of service was transferred under section 51 of Regulation 193 of the Revised Regulations of Ontario, 1990 to the benefits plan set out in that Regulation shall be given credit under this Part for a number of years of full-time service as a judge equal to the number of years of service for which credit was transferred. O. Reg. 67/92, s. 44 (1).

(2) There shall be deducted from the credit for service of a person under this Part a number of years of service equal to the number of years of service in relation to which the person took a return of contributions from the Provincial Judges Benefits Fund under subsection 51 (7) or (19) of Regulation 193 of the Revised Regulations of Ontario, 1990. O. Reg. 67/92, s. 44 (2).

(3) There shall be deducted from the credit for service of a person under this Part a number of years of service equal to the number of years of service in relation to which the person took a refund from the Provincial Judges Benefits Fund under subsection 51 (12) of Regulation 193 of the Revised Regulations of Ontario, 1990. O. Reg. 67/92, s. 44 (3).

(4) If, before the 1st day of July, 1984, a judge was making contributions under the Public Service Superannuation Act (R.S.O. 1980, c. 419) in addition to the contributions the judge was required to make under that Act, the judge may continue to make such additional contributions to the Provincial Judges Pension Fund according to the same method of computation as under that Act and is entitled to credit under this Part in respect of the contributions. O. Reg. 67/92, s. 44 (4).

45. (1) A judge mentioned in section 30 who was appointed to hold office before the 1st day of July, 1984 is also entitled to a refund of an amount equal to the sum of the amounts, if any, contributed by the judge to the Public Service Superannuation Fund and the interest on those amounts transferred under section 51 of Regulation 193 of the Revised Regulations of Ontario, 1990 from that fund to the Provincial Judges Benefits Fund, less any amounts paid to the judge under subsection 51 (7) or (12) of Regulation 193 of the Revised Regulations of Ontario, 1990, together with interest on the sum from the date of the transfer to the date the refund is paid, but such amount shall not include an amount equal to any amounts contributed to the Public Service Superannuation Fund by the judge and locked in in respect of service before the 1st day of July, 1984 under subsection 17 (2) of the Public Service Superannuation Act (R.S.O. 1980, c. 419). O. Reg. 67/92, s. 45 (1).

(2) Subsection (1) does not apply in respect of a judge who was appointed to office before the 1st day of July, 1984 and who receives a pension under this Part computed in the same manner as a superannuation allowance or annuity under the Public Service Superannuation Act (R.S.O. 1980, c. 419). O. Reg. 67/92, s. 45 (2).

46. (1) A person who ceased to hold office as a judge before the 1st day of October, 1979 or was reappointed to hold office as a judge on a part-time basis before the 1st day of October, 1979 and who met the basic service requirement before ceasing to hold office or being reappointed is entitled to the annual income allowance to which he or she was entitled under section 53 of Regulation 193 of the Revised Regulations of Ontario, 1990 immediately before the 1st day of March, 1992. O. Reg. 67/92, s. 46 (1).

(2) If a person ceased to hold office as a judge before the 1st day of October, 1979 or was reappointed to hold office as a judge on a part-time basis before the 1st day of October, 1979 and did not meet the basic service requirement before ceasing to hold office or being reappointed, the Lieutenant Governor in Council may require the Board to authorize payment to the person of an annual income allowance during the person’s lifetime in such initial amount as is specified by the Lieutenant Governor in Council. O. Reg. 67/92, s. 46 (2).

(3) The provisions of this Part respecting survivor allowances apply with necessary modifications in respect of a person entitled to an annual income allowance under subsection (1) or (2) and, for that purpose, the annual income allowance shall be deemed to be a pension. O. Reg. 67/92, s. 46 (3).

(4) The amount of every annual income allowance under this section shall be increased by a percentage equal to the percentage increase of the salary of a judge other than the Chief Judge, a regional senior judge or the Co-ordinator of Justices of the Peace. O. Reg. 67/92, s. 46 (4).

(5) The increase in the annual income allowance shall take effect as of the same date that the increase in the salary takes effect. O. Reg. 67/92, s. 46 (5).

47. (1) The Lieutenant Governor in Council may require the Board to authorize payment of a survivor allowance in such initial annual amount as is specified by the Lieutenant Governor in Council to the spouse or the child or children of a deceased person in respect of whom the Lieutenant Governor in Council could have required the Board to authorize a pension under subsection 40 (4) or an annual income allowance under subsection 46 (2) while the person was alive. O. Reg. 283/05, s. 6.

(2) If the Lieutenant Governor in Council requires the Board to authorize payment of a survivor allowance under this section to a spouse,

(a) the survivor allowance continues during the spouse’s lifetime; and

(b) the child or children of the deceased person are entitled on the death of the spouse to a survivor allowance in an annual amount equal to the annual amount of the survivor allowance to which the spouse was entitled on the date of the spouse’s death. O. Reg. 283/05, s. 6.

(3) Subsection (1) and clause (2) (b) do not apply in respect of a child of the deceased person and the spouse of the deceased person if they became spouses after the date on which the deceased person ceased to hold office as a judge. O. Reg. 283/05, s. 6.

PART III
OTHER BENEFITS

General

48. (1) In this Part,

“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. O. Reg. 28/00, s. 7; O. Reg. 283/05, s. 7.

(2) For the purpose of this Part, a child of a judge is a dependent child of the judge if the child,

(a) has not attained sixteen years of age;

(b) has attained sixteen years of age, has not withdrawn from parental control and has not attained eighteen years of age; or

(c) did not withdraw from parental control before attaining eighteen years of age and, since attaining eighteen years of age,

(i) has been in continuous attendance at either or both of a secondary school or, for a maximum of five years after secondary school, a post-secondary educational institution recognized as such by the Board, or

(ii) has been continuously dependent on the judge because of a physical or mental disability. O. Reg. 67/92, s. 48 (2).

49. This Part applies only to a judge who is serving on a full-time basis. O. Reg. 67/92, s. 49.

Holidays

50. (1) A judge is entitled to a holiday in each year on each of the following days:

1. New Year’s Day.

2. Good Friday.

3. Easter Monday.

4. Victoria Day.

5. Canada Day.

6. The first Monday in August.

7. Labour Day.

8. Thanksgiving Day.

9. Remembrance Day.

10. Christmas Day.

11. Boxing Day.

12. Any special holiday proclaimed by the Governor General or the Lieutenant Governor. O. Reg. 67/92, s. 50 (1).

(2) A special holiday under paragraph 12 of subsection (1) that falls during a vacation leave of absence shall be computed as part of the leave of absence, but no other holidays shall be computed as part of a vacation leave of absence. O. Reg. 67/92, s. 50 (2).

(3) When a holiday specified in subsection (1) falls on a Saturday or Sunday, the following Monday is a holiday and, in addition, when Christmas Day falls on a Saturday or Sunday, the following Tuesday is a holiday. O. Reg. 67/92, s. 50 (3).

(4) A judge who is required to work on a holiday is entitled to a compensating day as a holiday. O. Reg. 67/92, s. 50 (4).

Vacation

51. (1) A judge is entitled to accumulate vacation credits in each year at the rate of 2½ days per month. O. Reg. 67/92, s. 51 (1).

(2) The vacation days that a judge is entitled to accumulate in a year under subsection (1) shall be credited to the judge on the 1st day of January in the year or on the day in the year when the judge first becomes a judge, whichever is later. O. Reg. 67/92, s. 51 (2).

(3) From the vacation days credited to a judge in a year in accordance with subsections (1) and (2) there shall be deducted, to a maximum of the days credited to the judge in the year, 2½ days per month for,

(a) each whole calendar month in the year throughout which the judge is on leave of absence without pay, other than pregnancy leave or parental leave without pay;

(b) each whole calendar month in the year after the month in which the judge ceases to be a judge or starts to serve on a part-time basis under section 44 of the Act; and

(c) any calendar month wholly comprised of consecutive periods of less than a month for which credit would be deducted under clause (a) or (b) if the periods were whole calendar months. O. Reg. 67/92, s. 51 (3).

(4) With the approval of the Chief Judge, a judge may take leave of absence with pay in respect of some or all of the judge’s accumulated vacation credits at the rate of one day of leave of absence with pay for each day of vacation credit to which the judge is entitled, and the judge’s accumulated vacation credits shall be reduced by the leave of absence with pay taken. O. Reg. 67/92, s. 51 (4).

(5) If, after giving effect in any year to the deductions mentioned in subsections (3) and (4), a judge’s accumulated vacation credits at the end of the year exceed thirty, the excess shall be deducted from the judge’s accumulated vacation credits before vacation credits for the ensuing year are credited to the judge. O. Reg. 67/92, s. 51 (5).

(6) Each day or part of a day by which a leave of absence with pay taken by a judge under subsection (4) exceeds the judge’s accumulated vacation credits after making any deduction required by subsection (3) or (5) shall be deducted from the judge’s vacation credits, and the judge shall repay to the Crown the salary paid to the judge for any day or part of a day of the leave of absence with pay that cannot be so deducted. O. Reg. 67/92, s. 51 (6).

(7) A judge who ceases to hold office or starts to serve on a part-time basis shall be paid, in an amount computed at the rate of the judge’s last regular salary, for any unused vacation days standing to the judge’s credit when the judge ceases to hold office or starts to serve on a part-time basis. O. Reg. 67/92, s. 51 (7); O. Reg. 460/93, s. 6.

(8) A judge is entitled to be paid, on his or her request, in an amount computed at the rate of the judge’s last regular salary, for any unused vacation standing to the judge’s credit when the judge qualifies for payments under the Long Term Income Protection Plan. O. Reg. 67/92, s. 51 (8).

Sickness and Disability

52. (1) A judge who is unable to attend to his or her duties due to sickness or injury is entitled to leave of absence with pay for 130 working days in each year. O. Reg. 67/92, s. 52 (1).

(2) A judge is not entitled to leave of absence with pay under subsection (1) until after completion of twenty consecutive working days in office. O. Reg. 67/92, s. 52 (2).

(3) A leave of absence with pay under subsection (1) that begins in one year and continues unbroken into the following year shall not exceed 130 consecutive working days. O. Reg. 67/92, s. 52 (3).

(4) A judge who was on leave of absence described in subsection (3) for 130 working days is not entitled to the balance of the leave of absence under subsection (1) until after completion of twenty consecutive working days in office. O. Reg. 67/92, s. 52 (4).

(5) A judge who had attendance credits standing to his or her credit under Regulation 749 of the Revised Regulations of Ontario, 1970 immediately before the 1st day of January, 1976 and who is absent from his or her duties due to sickness or injury for more than the total number of days of leave of absence with pay provided by subsection (1) shall have his or her accumulated attendance credits reduced by the number of days that the absence exceeds the leave of absence provided by subsection (1) and is entitled to leave of absence with pay on each day for which his or her accumulated attendance credits are reduced. O. Reg. 67/92, s. 52 (5).

(6) Subsection (5) does not apply to a judge who qualifies for and elects to receive benefits under the Long Term Income Protection Plan instead of using his or her accumulated attendance credits. O. Reg. 67/92, s. 52 (6).

(7) The Chief Judge may require a judge who claims a leave of absence due to sickness or injury to submit a medical certificate in respect of the leave of absence from a legally qualified medical practitioner. O. Reg. 67/92, s. 52 (7).

53. (1) The Crown may enter into an agreement with an insurance underwriter for the purpose of providing judges a long term income protection plan. O. Reg. 67/92, s. 53 (1).

(2) The Long Term Income Protection Plan shall provide 662/3 per cent of the regular salary of a judge who,

(a) is totally disabled;

(b) is under the care of or is receiving treatment from a legally qualified medical practitioner; and

(c) is not, except for the purpose of rehabilitation, engaged in any occupation or employment for which the judge receives a wage or profit. O. Reg. 67/92, s. 53 (2).

(3) The benefits provided by the Long Term Income Protection Plan to a judge shall commence immediately after a qualifying period of six continuous months of total disability and shall continue until the earliest of the following events:

1. Termination of the total disability.

2. Death of the judge.

3. The end of the month in which the judge attains the age of sixty-five years. O. Reg. 67/92, s. 53 (3).

(4) The benefit referred to in subsection (2) of 662/3 per cent of the regular salary of a full-time judge,

(a) shall be computed with reference to the regular salary of a full-time judge or equal rank as of the date of each payment of the benefit; and

(b) shall be reduced by an amount equal to the total of,

(i) any retirement or disability benefits payable to the judge under the Canada Pension Plan,

(ii) any disability benefits payable to the judge under any workers’ compensation legislation, and

(iii) any pension payable to the judge under Part II. O. Reg. 67/92, s. 53 (4).

(5) Except as stated in this section, the benefits provided to judges under the Long Term Income Protection Plan shall be those set out in the agreement made with the insurance underwriter. O. Reg. 67/92, s. 53 (5).

(6) The Crown shall pay 85 per cent of the premiums for the Long Term Income Protection Plan and each judge who participates in the Long Term Income Protection Plan shall contribute to the payment of the balance of the premiums by deduction from salary of an amount that is in the same proportion to the balance of the premiums as the judge’s salary is to the aggregate of the salaries of all the judges who participate in the Long Term Income Protection Plan. O. Reg. 67/92, s. 53 (6).

(7) Every judge must participate in the Long Term Income Protection Plan. O. Reg. 67/92, s. 53 (7).

(8) Subsection (7) does not apply to a judge who was appointed to office before the 1st day of July, 1984 and who did not participate in the Long Term Income Protection Plan under the Public Service Act. O. Reg. 67/92, s. 53 (8).

(9) In this section,

“total disability” means the continuous inability, as the result of illness or injury, to perform the principal duties of a judge and “totally disabled” has a corresponding meaning. O. Reg. 67/92, s. 53 (9).

Pregnancy Leave and Parental Leave

54. (1) A judge who is pregnant is entitled to a leave of absence beginning not earlier than seventeen weeks before the expected birth date. O. Reg. 67/92, s. 54 (1).

(2) At least two weeks before the leave is to begin, the judge shall give the Chief Judge written notice of the date the leave is to begin and a certificate from a legally qualified medical practitioner stating the expected birth date. O. Reg. 67/92, s. 54 (2).

(3) Subsection (2) does not apply to a judge who stops working because of complications caused by her pregnancy or because of a birth, still-birth or miscarriage that occurs earlier than the date the judge was expected to give birth. O. Reg. 67/92, s. 54 (3).

(4) A judge to whom subsection (3) applies shall, within two weeks of stopping work, give the Chief Judge,

(a) written notice of the date the pregnancy leave began or is to begin; and

(b) a certificate from a legally qualified medical practitioner,

(i) in the case of a judge who stops working because of complications caused by her pregnancy, stating that the judge is unable to perform her duties because of complications caused by her pregnancy and stating the expected birth date, or

(ii) in any other case, stating the date of the birth, still-birth or miscarriage and the date the judge was expected to give birth. O. Reg. 67/92, s. 54 (4).

(5) The pregnancy leave of a judge ends,

(a) in the case of a judge who is entitled to take parental leave, seventeen weeks after the pregnancy leave began;

(b) in the case of a judge who is not entitled to take parental leave, on the later of the date that is seventeen weeks after the pregnancy leave began and the date that is six weeks after the birth, still-birth or miscarriage; or

(c) on a date earlier than the date provided for in clause (a) or (b), if the judge gives the Chief Judge at least four weeks written notice of the earlier date. O. Reg. 67/92, s. 54 (5).

(6) The first seventeen weeks of pregnancy leave shall be with pay and any additional pregnancy leave shall be without pay. O. Reg. 67/92, s. 54 (6).

(7) A judge who has given notice to begin pregnancy leave may change the notice,

(a) to an earlier date, by giving the Chief Judge written notice at least two weeks before the earlier date; or

(b) to a later date, by giving the Chief Judge written notice at least two weeks before the date leave was to begin under the previous notice. O. Reg. 67/92, s. 54 (7).

(8) A judge who has given notice to end pregnancy leave may change the notice,

(a) to an earlier date, by giving the Chief Judge written notice at least four weeks before the earlier date; or

(b) to a later date, by giving the Chief Judge written notice at least four weeks before the date leave was to end under the previous notice. O. Reg. 67/92, s. 54 (8).

55. (1) In this section,

“parent” includes a person with whom a child is placed for adoption and a person who is in a relationship of some permanence with a parent of a child and who intends to treat the child as his or her own. O. Reg. 67/92, s. 55 (1).

(2) A judge who is the parent of a child is entitled to a leave of absence following,

(a) the birth of the child; or

(b) the coming of the child into the custody, care and control of a parent for the first time. O. Reg. 67/92, s. 55 (2).

(3) Parental leave shall begin not later than thirty-five weeks after the date the child is born or comes into the custody, care and control of a parent for the first time. O. Reg. 67/92, s. 55 (3).

(4) The parental leave of a judge who takes pregnancy leave shall begin when the pregnancy leave ends unless the child has not yet come into the custody, care and control of a parent for the first time. O. Reg. 67/92, s. 55 (4).

(5) A judge who takes parental leave shall give the Chief Judge at least two weeks written notice of the date the leave is to begin. O. Reg. 67/92, s. 55 (5).

(6) Subsection (5) does not apply in the case of a judge who stops working because the child comes into the custody, care and control of a parent sooner than expected. O. Reg. 67/92, s. 55 (6).

(7) The parental leave of a judge to whom subsection (6) applies begins on the day the judge stops working and, within two weeks of stopping work, the judge shall give the Chief Judge written notice that the judge wishes to take parental leave. O. Reg. 67/92, s. 55 (7).

(8) The parental leave of a judge ends,

(a) twenty-six weeks after it began; or

(b) on a date earlier than the date provided for in clause (a), if the judge gives the Chief Judge at least four weeks written notice of the earlier date. O. Reg. 67/92, s. 55 (8).

(9) The first ten days of parental leave shall be with pay and the remainder shall be without pay. O. Reg. 67/92, s. 55 (9).

(10) A judge who has given notice to begin parental leave may change the notice,

(a) to an earlier date, by giving the Chief Judge written notice at least two weeks before the earlier date; or

(b) to a later date, by giving the Chief Judge written notice at least two weeks before the date leave was to begin under the previous notice. O. Reg. 67/92, s. 55 (10).

(11) A judge who has given notice to end parental leave may change the notice,

(a) to an earlier date, by giving the Chief Judge written notice at least four weeks before the earlier date; or

(b) to a later date, by giving the Chief Judge written notice at least four weeks before the date leave was to end under the previous notice. O. Reg. 67/92, s. 55 (11).

Special and Compassionate Leaves

56. (1) The Chief Judge may grant to a judge,

(a) leave of absence with pay for not more than sixty-five working days in any year on any special or compassionate ground;

(b) three days leave of absence with pay in the event of the death of the judge’s spouse, parent, mother-in-law, father-in-law, child, brother or sister; and

(c) leave of absence without pay for a period not exceeding one year. O. Reg. 67/92, s. 56 (1); O. Reg. 28/00, s. 8; O. Reg. 283/05, s. 8.

(2) Leave granted under clause (1) (a) shall be charged against the sick leave credits of the judge. O. Reg. 67/92, s. 56 (2).

57. On the recommendation of the Chief Judge, the Lieutenant Governor in Council may grant leave of absence with pay to a judge for special or compassionate purposes for a period not exceeding one year and may grant leave of absence without pay for a period of up to three years. O. Reg. 67/92, s. 57.

Group Insurance Plans

58. (1) The Crown shall enter into an agreement with an insurance underwriter to provide a group life insurance plan for judges. O. Reg. 67/92, s. 58 (1).

(2) The group life insurance plan under this section shall provide to each judge, until the end of the month in which the judge meets the basic service requirement, ceases to hold office, starts to serve on a part-time basis, or attains seventy years of age, group life insurance coverage equal to five times the annual salary of the judge. O. Reg. 67/92, s. 58 (2); O. Reg. 460/93, s. 7.

(3) Subject to subsection (4), the beneficiary of the group life insurance coverage of a judge under this section is the person who would have been entitled to a survivor allowance under Part II if the judge had met the basic service requirement before dying. O. Reg. 67/92, s. 58 (3).

(4) A judge may designate one or more persons,

(a) to be the beneficiaries of the group life insurance coverage of the judge in the event that there is no person who meets the qualifications of a beneficiary under subsection (3); or

(b) to be the beneficiaries of a percentage, not exceeding 40 per cent in total, of the group life insurance coverage of the judge. O. Reg. 67/92, s. 58 (4).

59. (1) The Crown shall enter into an agreement with an insurance underwriter to provide a reduced group life insurance plan for judges. O. Reg. 67/92, s. 59 (1).

(2) The reduced group life insurance plan under this section shall provide, to each judge who is not entitled to group life insurance coverage under section 58, group life insurance coverage of $3,000 until the end of the month in which the judge ceases to hold office or starts to serve on a part-time basis. O. Reg. 67/92, s. 59 (2); O. Reg. 460/93, s. 8.

(3) The reduced group life insurance plan under this section shall provide, to each person who is receiving a pension under Part II, group life insurance coverage of $3,000. O. Reg. 67/92, s. 59 (3).

60. (1) The Crown may enter into agreements with insurance underwriters for the purpose of providing judges the following group insurance coverages:

1. A Supplementary Life Insurance Plan.

2. A Dependants’ Life Insurance Plan.

3. A Supplementary Health and Hospital Insurance Plan.

4. A Dental Insurance Plan. O. Reg. 67/92, s. 60 (1).

(2) Except as stated in this Part, the benefits provided to judges under the group insurance plans shall be those set out in the agreements made with the insurance underwriters. O. Reg. 67/92, s. 60 (2).

61. (1) The Supplementary Life Insurance Plan shall provide additional group life insurance coverage equal to the annual salary, twice the annual salary or three times the annual salary, at the choice of the judge, for those judges who choose to participate in the Plan. O. Reg. 67/92, s. 61 (1).

(2) A judge who participates in the Supplementary Life Insurance Plan shall pay the premium for his or her insurance coverage in the Plan. O. Reg. 67/92, s. 61 (2).

62. (1) The Dependants’ Life Insurance Plan shall provide, in respect of each judge who chooses to participate in the Plan, whichever of the following life insurance coverages is chosen by the judge:

1. $1,000 for the spouse of the judge and $500 for each dependent child of the judge.

2. $2,000 for the spouse of the judge and $1,000 for each dependent child of the judge. O. Reg. 28/00, s. 9; O. Reg. 283/05, s. 9.

(2) A judge who participates in the Dependants’ Life Insurance Plan shall pay the premiums for the insurance coverage provided to the judge in the Plan. O. Reg. 67/92, s. 62 (2).

63. (1) The Supplementary Health and Hospital Insurance Plan shall provide to every judge who joins the Plan the following benefits in respect of expenses incurred on behalf of the judge, the judge’s spouse and the judge’s dependent children:

1. Reimbursement for 90 per cent of the cost of drugs and medicine dispensed by a legally qualified medical practitioner or by a pharmacist within the meaning of Part VI of the Health Disciplines Act on the written prescription of a legally qualified medical practitioner.

2. Reimbursement for charges for private or semi-private room hospital care by a hospital within the meaning of the Public Hospitals Act or by a hospital that is licensed or approved by the governing body in the jurisdiction in which the hospital is located, but not exceeding $75 above the charge by the hospital for standard ward room hospital care.

2.1 Reimbursement for charges incurred after the 31st day of December, 1992 for private or semi-private room hospital care by a hospital within the meaning of the Public Hospitals Act, without the limitation set out in paragraph 2.

3. Reimbursement for such other health and hospital expenses as may be covered by the Plan resulting from treatment and services recommended or approved by a legally qualified medical practitioner. O. Reg. 67/92, s. 63 (1); O. Reg. 762/92, s. 2; O. Reg. 28/00, s. 10 (1); O. Reg. 283/05, s. 10 (1).

(2) Subject to subsection (8), the Crown shall pay the premiums for every judge who joins the Supplementary Health and Hospital Insurance Plan. O. Reg. 67/92, s. 63 (2).

(3) A judge may elect to participate in the Supplementary Health and Hospital Insurance Plan,

(a) on appointment;

(b) in December of any year, for coverage commencing on the 1st day of January next following, if the judge has satisfied the waiting period of the Plan and the judge,

(i) did not join the Plan on appointment, or

(ii) previously opted out of the Plan; or

(c) on providing evidence that similar coverage available to the judge under the plan of another person has been terminated, for coverage commencing on the 1st day of the month coinciding with or following the presentation of the evidence. O. Reg. 67/92, s. 63 (3).

(4) A judge may elect in December of any year to opt out of the Supplementary Health and Hospital Insurance Plan and coverage shall cease at the end of that month. O. Reg. 67/92, s. 63 (4).

(5) The Supplementary Health and Hospital Insurance Plan shall provide to every judge who elects to participate in the Plan’s additional coverage for vision care and hearing aids the following benefits in respect of expenses incurred on behalf of the judge, the judge’s spouse and the judge’s dependent children:

1. Reimbursement for the cost of vision care, to a maximum of $100 every twenty-four months per person.

2. Reimbursement for the cost of purchase and repair of a hearing aid, other than the replacement of a battery, to a maximum of $200 per person. O. Reg. 67/92, s. 63 (5); O. Reg. 28/00, s. 10 (2); O. Reg. 283/05, s. 10 (2).

(6) The additional coverage under subsection (5) shall be subject to a deductible amount in each calendar year of $10 for a judge with single coverage and $10 per person to a maximum of $20 for a judge with family coverage. O. Reg. 67/92, s. 63 (6).

(7) For the additional coverage under subsection (5), the Crown shall, subject to subsection (8), pay 60 per cent of the premiums for each participating judge and the judge shall pay the balance of the premiums by deduction from salary. O. Reg. 67/92, s. 63 (7).

(8) The Supplementary Health and Hospital Insurance Plan and the Plan’s additional coverage for vision care and hearing aids shall not be provided to a judge during a leave of absence without pay unless the judge arranges through the payroll branch of the Ministry of the Attorney General to pay the full premiums and pays the premiums at least one week before the first of each month of the leave of absence. O. Reg. 67/92, s. 63 (8).

(9) Subsection (8) does not apply during a pregnancy leave or during the first eighteen weeks of a parental leave. O. Reg. 67/92, s. 63 (9).

(10) Within a reasonable time after the Ministry of the Attorney General is informed that a leave of absence to which subsection (8) applies has been granted to a judge, the Ministry shall inform the judge of the provisions of subsection (8). O. Reg. 67/92, s. 63 (10).

(11) This section also applies to every person who is receiving a pension or a survivor allowance under Part II. O. Reg. 67/92, s. 63 (11).

(12) In this section,

“vision care” means eyeglasses, frames and lenses for eyeglasses and contact lenses prescribed by a person with a licence to practice medicine or optometry under the Health Disciplines Act, and includes the fitting of eyeglasses, frames, lenses and contact lenses, but does not include eyeglasses for cosmetic purposes or sunglasses. O. Reg. 67/92, s. 63 (12).

64. (1) The Dental Insurance Plan shall provide to every judge who joins the Plan the following benefits in respect of expenses incurred on behalf of the judge, the judge’s spouse and the judge’s dependent children:

1. Reimbursement of 80 per cent of the cost of basic dental services, endodontic services, periodontic services and repair or maintenance services for existing dentures or bridges specified by the Plan, but not exceeding 80 per cent of the fees set out in the Ontario Dental Association schedule of fees for general practitioners in effect when the expense is incurred.

2. Reimbursement of 50 per cent of the cost of new dentures specified by the Plan, not exceeding 50 per cent of the fees for new dentures set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred, and subject to a limit of $2,000 on the total amount of reimbursement under this paragraph in respect of any one of the judge, the judge’s spouse and the dependent children of the judge.

3. Reimbursement of 50 per cent of the cost of orthodontic services specified by the Plan and provided to a dependent child of the judge, not exceeding 50 per cent of the fees for those services set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred, and subject to a limit of $2,000 on the total amount of reimbursement under this paragraph in respect of any one child.

4. Reimbursement of 50 per cent of the cost of crowns, bridgework and other major restorative services specified by the Plan, not exceeding 50 per cent of the fees for those services set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred, and subject to a limit of $2,000 on the total amount of reimbursement under this paragraph in respect of any one of the judge, the judge’s spouse and the dependent children of the judge in any year. O. Reg. 28/00, s. 11; O. Reg. 283/05, s. 11.

(2) Subject to subsection (5), the Crown shall pay the premiums for every judge who joins the Dental Insurance Plan. O. Reg. 67/92, s. 64 (2).

(3) A judge may elect to participate in the Dental Insurance Plan,

(a) on appointment; or

(b) in December of any year for coverage commencing on the 1st day of January next following, if the judge has satisfied the waiting period of the Plan and the judge,

(i) did not join the Plan on appointment, or

(ii) previously opted out of the Plan; or

(c) on providing evidence that similar coverage available to the judge under the plan of another person has been terminated, for coverage commencing on the 1st day of the month coinciding with or following the presentation of the evidence. O. Reg. 67/92, s. 64 (3).

(4) A judge may elect in December of any year to opt out of the Dental Insurance Plan and coverage shall cease at the end of that month. O. Reg. 67/92, s. 64 (4).

(5) The Dental Insurance Plan shall not be provided to a judge during a leave of absence without pay unless the judge arranges through the payroll branch of the Ministry of the Attorney General to pay the full premiums and pays the premiums at least one week before the first of each month of the leave of absence. O. Reg. 67/92, s. 64 (5).

(6) Subsection (5) does not apply during a pregnancy leave or during the first eighteen weeks of a parental leave. O. Reg. 67/92, s. 64 (6).

(7) Within a reasonable time after the Ministry of the Attorney General is informed that a leave of absence to which subsection (5) applies has been granted to a judge, the Ministry shall inform the judge of the provisions of subsection (5). O. Reg. 67/92, s. 64 (7).

(8) Beginning the 1st day of January, 1993, this section also applies to every person who is receiving a pension or a survivor allowance under Part II. O. Reg. 762/92, s. 3.

65. If the Crown is paying all or part of the premiums for a judge who participates in one or more of the group insurance plans provided for in this Part and the judge receives benefits under the Long Term Income Protection Plan, the Crown shall continue the payments for the period in respect of which the judge is receiving the benefits. O. Reg. 67/92, s. 65.

Transitional Provisions for Termination Payments

66. In this section and in sections 67 to 75,

“accumulated attendance credits” means, subject to subsection 52 (5), the accumulated attendance credits standing to the credit of a judge immediately before the 1st day of March, 1992;

“civil servant” means a person appointed under the Public Service Act to the service of the Crown by the Lieutenant Governor in Council on the certificate of the Civil Service Commission or by the Civil Service Commission;

“continuous service” means the period of unbroken full-time service as a judge and during which the judge,

(a) receives his or her regular salary,

(b) is absent on leave without pay for a period that does not exceed thirty days, or

(c) is absent on pregnancy leave or parental leave,

and if the judge was a civil servant before appointment as a judge, “continuous service” includes any period of unbroken full-time service in the public service immediately before the judge’s appointment as a judge, but “continuous service” shall not include, or be deemed to be interrupted by, a leave of absence or break in service referred to in section 12 of the Public Service Act. O. Reg. 67/92, s. 66.

67. Sections 68 to 75 apply only to judges who were appointed to hold office before the 1st day of March, 1992. O. Reg. 67/92, s. 67.

68. (1) If a judge dies after serving for more than six months, there shall be paid to the judge’s personal representative or if there is no personal representative to such person as the Board determines, the sum of one-twelfth of the judge’s annual salary. O. Reg. 67/92, s. 68 (1).

(2) Any severance pay to which a judge is entitled under this Part shall be reduced by an amount equal to any entitlement under subsection (1). O. Reg. 67/92, s. 68 (2).

69. A judge is entitled to severance pay equal to one week of salary for each year of continuous service from and after the 1st day of January, 1976 if the judge,

(a) has completed a minimum of one year of continuous service and starts to serve on a part-time basis or ceases to hold office because of death or retirement; or

(b) has completed a minimum of five years of continuous service and ceases to hold office for a reason other than removal from office under section 46 of the Act. O. Reg. 67/92, s. 69; O. Reg. 460/93, s. 9.

70. Despite section 74, if in the opinion of the Board special circumstances exist, a payment may be made by way of termination allowance, with the approval of the Lieutenant Governor in Council, to a judge who starts to serve on a part-time basis or ceases to hold office. O. Reg. 67/92, s. 70; O. Reg. 460/93, s. 10.

71. A judge who became entitled before the 1st day of January, 1970 to accumulate attendance credits under Ontario Regulation 190/62 or any predecessor of that regulation and who ceases to hold office or starts to serve on a part-time basis is entitled to be paid an amount in respect of remaining accumulated attendance credits in an amount computed by multiplying half of the number of days of remaining accumulated attendance credits at the date of ceasing to hold office or starting to serve on a part-time basis, as the case may be, by the judge’s annual salary immediately before that date and dividing the product by 261. O. Reg. 67/92, s. 71; O. Reg. 460/93, s. 11.

72. (1) A judge who became entitled to accumulate attendance credits under Ontario Regulation 190/62 on or after the 1st day of October, 1965 and before the 1st day of January, 1970 and who starts to serve on a part-time basis or ceases to hold office by reason of death or retirement, is entitled to be paid, for continuous service up to and including the 31st day of December, 1975, the greater of the following amounts:

1. Severance pay equal to one-half week of salary for each year of continuous service before the 1st day of January, 1970 and one week of salary for each year of continuous service from and including the 1st day of January, 1970.

2. The amount in respect of his or her accumulated attendance credits computed in accordance with section 71. O. Reg. 67/92, s. 72 (1); O. Reg. 460/93, s. 12.

(2) Section 71 does not apply if the judge is paid the amount specified in paragraph 1 of subsection (1). O. Reg. 67/92, s. 72 (2).

73. A judge who became entitled to accumulate attendance credits under Ontario Regulation 190/62 or Regulation 749 of the Revised Regulations of Ontario, 1970 on or after the 1st day of January, 1970 and before the 1st day of January, 1976 is entitled to severance pay in an amount equal to one week of salary for each year of continuous service up to and including the 31st day of December, 1975, if the judge starts to serve on a part-time basis or ceases to hold office for a reason other than removal from office under section 46 of the Act. O. Reg. 67/92, s. 73; O. Reg. 460/93, s. 13.

74. (1) The total of the amount paid to a judge in respect of accumulated attendance credits and the severance pay of the judge shall not exceed one-half of the annual salary of the judge,

(a) when the judge starts to serve on a part-time basis or ceases to hold office, as the case may be; or

(b) in the case of a judge receiving benefits under the Long Term Income Protection Plan, when the judge received his or her last salary before receiving benefits under the Plan. O. Reg. 67/92, s. 74 (1).

(2) The calculation of severance pay of a judge shall be based on the salary of the judge,

(a) when the judge starts to serve on a part-time basis or ceases to hold office, as the case may be; or

(b) in the case of a judge receiving benefits under the Long Term Income Protection Plan, when the judge received his or her last salary before receiving benefits under the Plan. O. Reg. 67/92, s. 74 (2).

(3) If a computation for severance pay involves part of a year, the computation in respect of that part shall be made on a monthly basis, and,

(a) any part of a month that is less than fifteen days shall be disregarded; and

(b) any part of a month that is fifteen or more days shall be deemed to be a month. O. Reg. 67/92, s. 74 (3).

75. (1) A judge may receive only one termination payment for a given period of continuous service. O. Reg. 67/92, s. 75 (1).

(2) A judge whose total period of service is interrupted by a hiatus in service may, at the judge’s option, repay any termination payment received as a result of that absence to the Minister of Finance, and thereby restore termination pay entitlements for the period of continuous service for which the payment had been made. O. Reg. 67/92, s. 75 (2).

PART IV
EXPENSE ALLOWANCES

76. (1) A judge is entitled to claim and be reimbursed by the Crown for the following expenses actually incurred by the judge in the course of his or her duties and approved as reasonable by the Chief Judge:

1. Mileage expenses for travel in the judge’s own private automobile to or from a location other than the judge’s regular location, at the rate of 30 cents per kilometre travelled in southern Ontario and 30.5 cents per kilometre travelled in northern Ontario.

2. Meal, accommodation and transportation expenses incurred in connection with travel to or from a location other than the judge’s regular location.

3. Fees and other expenses incurred for attendance at or participation in judicial or legal conferences, if the Chief Judge approved the judge’s attendance or participation before the conference. O. Reg. 67/92, s. 76 (1).

(2) For the purpose of paragraph 1 of subsection (1), northern Ontario is comprised of,

(a) all of The District Municipality of Muskoka;

(b) everything lying north of the line consisting of Healey Lake (Municipal) Road from Healey Lake easterly to its junction with Highway 612; and

(c) everything lying north of the line consisting of Highway 60 easterly to its junction with Highway 62 at Killaloe Station and Highway 62 to Pembroke. O. Reg. 497/00, s. 1.

77. (1) A judge serving on a full-time basis is entitled to claim and be reimbursed by the Crown for expenses actually incurred by the judge and approved as reasonable by the Chief Judge that are incidental to the fit and proper execution of the judge’s office, including,

(a) necessary purchase and maintenance of judicial attire and luggage for transporting documents and judicial attire;

(b) purchase of books and other publications related to judicial duties, other than books and publications that are available at the judge’s regular location; and

(c) membership in recognized associations contributing to professional development. O. Reg. 67/92, s. 77 (1).

(2) Subsection (1) does not apply to any expense for which reimbursement is provided by the Crown under section 76. O. Reg. 67/92, s. 77 (2).

(3) A judge is not entitled to claim or to be reimbursed under subsection (1) for more than $2,000 in respect of the twelve-month period commencing on the 1st day of April in each year. O. Reg. 67/92, s. 77 (3).

(4) If a judge’s expenses in a period mentioned in subsection (3) exceed the amount that the judge is entitled to claim in respect of the period, the judge is entitled, subject to the amount mentioned in subsection (3), to claim the excess as an expense in respect of the following twelve-month period. O. Reg. 67/92, s. 77 (4).

(5) If a judge is not serving on a full-time basis during all of a period in respect of which the judge is entitled to claim and be reimbursed for expenses under subsection (1), the maximum amount under subsection (3) shall be reduced by one-twelfth of the amount mentioned in subsection (3) for each full month that the judge is not serving on a full-time basis during the period. O. Reg. 67/92, s. 77 (5).

(6) Property for which a judge is reimbursed under subsection (1) is the property of the Crown in right of Ontario and the judge or the personal representative of the judge shall deliver the property to the Crown when the judge ceases to hold office, if the property is in serviceable condition at that time. O. Reg. 67/92, s. 77 (6).

78. (1) The Chief Judge, every regional senior judge and the Co-ordinator of Justices of the Peace is entitled to claim and be reimbursed by the Crown for any expenses actually incurred by or on behalf of the judge in discharging extra-judicial obligations on behalf of the Ontario Court (Provincial Division). O. Reg. 67/92, s. 78 (1).

(2) A regional senior judge or the Co-ordinator of Justices of the Peace shall not be reimbursed under subsection (1) unless the expense is approved as reasonable by the Chief Judge. O. Reg. 67/92, s. 78 (2).

(3) In respect of the twelve-month period commencing on the 1st day of April in each year, a judge is not entitled to claim or be reimbursed under subsection (1) for more than,

(a) $2,500, in the case of the Chief Judge; and

(b) $2,000, in the case of a regional senior judge or the Co-ordinator of Justices of the Peace. O. Reg. 67/92, s. 78 (3).

(4) If a judge’s expenses in a period mentioned in subsection (3) exceed the amount that the judge is entitled to claim in respect of the period, the judge is entitled, subject to the amount mentioned in subsection (3), to claim the excess as an expense in respect of the following twelve-month period. O. Reg. 67/92, s. 78 (4).

(5) If a judge does not hold the office in respect of which the judge is entitled to claim and be reimbursed for expenses under subsection (1) during all of the twelve-month period commencing on the 1st day of April in a year, the maximum amount under subsection (3) shall be reduced by one-twelfth of the amount mentioned in subsection (3) for each full month that the judge does not hold that office during the period. O. Reg. 67/92, s. 78 (5).

(6) This section applies to expenses incurred on or after the 1st day of March, 1992 and, despite subsection (3), in respect of the period from the 1st day of March, 1992 to the 31st day of March, 1992, a judge is not entitled to claim or be reimbursed under subsection (1) for more than,

(a) $208.33, in the case of the Chief Judge; and

(b) $166.67, in the case of a regional senior judge or the Co-ordinator of Justices of the Peace. O. Reg. 67/92, s. 78 (6).

PART V
PART-TIME JUDGES

79. A judge who is serving on a part-time basis shall be paid, for each full day of service, an amount equal to the annual salary of a full-time judge of the same judicial rank divided by 220. O. Reg. 167/93, s. 4.

80. Omitted (revokes other Regulations). O. Reg. 67/92, s. 80.

81. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 67/92, s. 81.