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Justices of the Peace Act
Loi sur les juges de paix

ONTARIO REGULATION 247/94

Amended to O. Reg. 506/06

SALARIES AND BENEFITS OF JUSTICES OF THE PEACE

Historical version for the period November 8, 2006 to November 15, 2006.

This Regulation is made in English only.

CONTENTS

   

Sections

 

Application and Interpretation

1-1.2

 

Salaries

2-6.1

 

Expense Allowances

7-9

 

Holidays, Vacations and Credits

10-12

 

Sickness and Disability

13-16

 

Special and Compassionate Leaves

17-22

 

Group Insurance Plans

23-30

 

Termination Payments

31-37

 

Death Payment

38

 

Benefits for Retired Justices of the Peace

39-43

Application and Interpretation

1. Revoked: O. Reg. 506/06, s. 2

1.1 (1) In this Regulation,

“accumulated attendance credits” means,

(a) in the case of a justice of the peace appointed before January 1, 1976, the attendance credits standing to his or her credit immediately before January 1, 1976, and

(b) in the case of a justice of the peace who was formerly within a unit of civil servants established for collective bargaining in accordance with an Act, the attendance credits standing to his or her credit immediately before his or her appointment as a justice of the peace;

“accumulated credits” includes compensation option credits, accumulated attendance credits and accumulated vacation credits;

“continuous service” means, with respect to a justice of the peace, the period of his or her unbroken service as a justice of the peace during which he or she,

(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 justice of the peace was a civil servant before his or her appointment, it includes any period of unbroken service in the public service immediately before the appointment other than a leave of absence referred to in section 28.6 of the Public Service Act or in a predecessor to that section;

“eligible part-time justice of the peace” means a justice of the peace whose assigned hours of work per week is at least 40 per cent of the number of hours per week normally assigned to a full-time justice of the peace;

“group insurance plans” means the insurance plans referred to in subsection 23 (1);

“Long Term Income Protection Plan” means the Long Term Income Protection Plan described in section 27;

“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. 400/01, s. 2; O. Reg. 29/05, s. 1; O. Reg. 285/05, s. 1.

(2) A full-time justice of the peace is one whose assigned hours of work per week is at least 36.25 hours. O. Reg. 400/01, s. 2.

1.2 The following provisions do not apply to part-time justices of the peace other than eligible part-time justices of the peace:

1. Section 10 (holidays).

2. Section 11 (vacation).

3. Section 12 (compensation option credits).

4. Sections 13 to 16 (sickness and disability).

5. Sections 17 to 22 (special and compassionate leaves).

6. Sections 23 to 30 (group insurance plans).

7. Sections 34 to 37 (termination payments). O. Reg. 400/01, s. 2.

Salaries

2. The salary of a person who held office as a full-time justice of the peace on or after April 1, 2002 shall be paid on the basis of the annual salaries for the periods set out in Columns 2, 3 and 4 of the following Table opposite the office set out in Column 1 of that Table.

TABLE

Column 1

Column 2

Column 3

Column 4

Office

Salary — April 1, 2002 to March 31, 2003

Salary — April 1, 2003 to March 31, 2004

Salary — annually from April 1, 2004

Regional senior justice of the peace for a region

$87,738

$91,043

$93,621

Senior advisory justice of the peace

87,738

91,043

93,621

Senior justice of the peace/administrator of the Native justice of the peace program

87,738

91,043

93,621

Presiding justice of the peace

82,628

85,933

88,511

Non-presiding justice of the peace

60,115

62,520

64,396

O. Reg. 29/05, s. 2.

3. (1) The annual salary of a part-time justice of the peace who is designated as a presiding justice of the peace is calculated by multiplying the full-time salary for the position as set out in the Table to section 2 by the percentage that the number of hours per week assigned to the justice of the peace is of the number of hours per week normally assigned to a full-time justice of the peace who is designated as a presiding justice of the peace. O. Reg. 370/99, s. 2; O. Reg. 400/01, s. 4 (1).

(2) The annual salary of a part-time justice of the peace who is designated as a non-presiding justice of the peace is calculated by multiplying the full-time salary for the position as set out in the Table to section 2 by the percentage that the number of hours per week assigned to the justice of the peace is of the number of hours per week normally assigned to a full-time justice of the peace who is designated as a non-presiding justice of the peace. O. Reg. 370/99, s. 2; O. Reg. 400/01, s. 4 (2).

(3) Despite subsection (2), the minimum annual salary of a part-time justice of the peace who is designated as a non-presiding justice of the peace is $3,028 for service on and after April 1, 2001. O. Reg. 400/01, s. 4 (3).

(4) Revoked: O. Reg. 400/01, s. 4 (3).

4. Despite section 2 and subsection 3 (2), if a full-time or a part-time justice of the peace was designated as a non-presiding justice immediately before the date on which this Regulation became applicable to the region where the justice is employed, he or she is entitled to the salary he or she was receiving immediately before that date or to the salary he or she is entitled to under section 2 or subsection 3 (2), whichever is greater. O. Reg. 247/94, s. 4; O. Reg. 400/01, s. 5.

5. (1) A justice of the peace may undertake one or more special assignments of not more than six months for which he or she may receive a salary in addition to the salary received for performing the duties of a justice of the peace. O. Reg. 247/94, s. 5 (1).

(2) The additional salary for a special assignment (other than a special assignment described in subsection (3)) is calculated on an annual basis by multiplying the full-time salary for a presiding justice of the peace as set out in the Table to section 2 by the percentage that the number of hours per week worked by the justice of the peace on the special assignment is of the number of hours per week normally assigned to a full-time justice of the peace who is designated as a presiding justice of the peace, prorated over the number of weeks worked on the special assignment. O. Reg. 370/99, s. 3; O. Reg. 400/01, s. 6 (1).

(3) The additional salary for a special assignment to duties that may be assigned to a non-presiding justice of the peace is calculated on an annual basis by multiplying the full-time salary for a non-presiding justice of the peace as set out in the Table to section 2 by the percentage that the number of hours per week worked by the justice of the peace on the special assignment is of the number of hours per week normally assigned to a full-time justice of the peace who is designated as a non-presiding justice of the peace, prorated over the number of weeks worked on the special assignment. O. Reg. 370/99, s. 3; O. Reg. 400/01, s. 6 (2).

6. (1) If, between April 1, 1994 and March 31, 1997, a justice of the peace carries out, at the direction of the Associate Chief Judge — Co-ordinator of Justices of the Peace, additional duties directly related to the fact that payments to justices of the peace are administered under the Act and not under the Administration of Justice Act, the Associate Chief Judge — Co-ordinator of Justices of the Peace may direct that the justice of the peace receive a salary in addition to the salary received for performing the duties of a justice of the peace. O. Reg. 98/96, s. 3.

(2) The Associate Chief Judge — Co-ordinator of Justices of the Peace shall determine the period of time during which the justice of the peace shall receive the additional salary under subsection (1), as well as the amount of the salary. O. Reg. 98/96, s. 3.

(3) The additional salary shall not be greater than $5,000 calculated on an annual basis and shall be prorated over the period of time worked on the additional duties. O. Reg. 247/94, s. 6 (3).

6.1 If the Attorney General changes the designation of a justice of the peace under section 5.1 of the Act from that of a full-time or part-time justice of the peace to that of a per diem justice of the peace, the justice of the peace shall be paid for each full day of service an amount equal to the current annual salary of a full-time justice of the peace of the same judicial rank divided by 220. O. Reg. 506/06, s. 3.

Expense Allowances

judicial attire

7. (1) A set of judicial attire shall be issued to each justice of the peace who is appointed on or after January 1, 2001 when he or she is appointed. O. Reg. 400/01, s. 7.

(2) A set of judicial attire shall be issued to each justice of the peace who holds office on or after January 1, 2001 seven years after he or she is appointed and every seven years thereafter, while he or she continues to hold office. O. Reg. 400/01, s. 7.

(3) A set of judicial attire consists of a gown, a sash, two waistcoats, two pairs of striped trousers or skirts, six long-sleeved court shirts or court blouses and six tabs. O. Reg. 400/01, s. 7.

(4) A set of judicial attire for a justice of the peace who holds office on or after April 1, 2002 includes an intake court jacket in addition to the garments listed in subsection (3). O. Reg. 29/05, s. 3.

travel allowance

8. (1) A justice of the peace is entitled to claim and to be reimbursed for the following expenses actually incurred by him or her on or after January 1, 2001 in the course of his or her duties and approved as reasonable by the Associate Chief Justice — Co-ordinator of Justices of the Peace:

1. Mileage expenses for travel in his or her own private automobile to or from a location other than his or her regular location, at the rate of,

i. 30 cents per kilometre travelled in southern Ontario and 30.5 cents per kilometre travelled in northern Ontario for the period before April 1, 2002, and

ii. 37 cents per kilometre travelled in southern Ontario and 40 cents per kilometre travelled in northern Ontario for the period after March 31, 2002. O. Reg. 400/01, s. 7; O. Reg. 29/05, s. 4.

(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. 400/01, s. 7.

tax-free allowance

9. (1) A justice of the peace is entitled to be reimbursed for expenses actually incurred by him or her on or after January 1, 2001 and approved as reasonable by the Associate Chief Justice — Co-ordinator of Justices of the Peace that are incidental to the fit and proper execution of the office of the justice of the peace, including,

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

(b) the purchase of books and other publications related to judicial duties, other than books and publications that are available at his or her regular location; and

(c) membership in recognized associations contributing to professional development. O. Reg. 400/01, s. 7.

(2) A justice of the peace is not entitled to be reimbursed under subsection (1) for more than $500 in respect of the 12-month period beginning on April 1 in each year. O. Reg. 400/01, s. 7.

(3) A justice of the peace is not entitled to be reimbursed under subsection (1) for more than $125 in respect of the three-month period beginning on January 1, 2001. O. Reg. 400/01, s. 7.

(4) If the expenses of a justice of the peace in a period described in subsection (2) exceed the amount that he or she is entitled to be reimbursed in respect of the period, he or she is entitled to claim the excess as an expense in respect of the following 12-month period, subject to the maximum established by that subsection for that 12-month period. O. Reg. 400/01, s. 7.

(5) If a justice of the peace does not hold the office in respect of which he or she is entitled to be reimbursed for expenses under subsection (1) during all of the 12-month period that begins on April 1 in a year, the maximum amount under subsection (2) shall be reduced by one-twelfth of the amount mentioned in subsection (2) for each full month that the justice of the peace does not hold that office during the period. O. Reg. 400/01, s. 7.

(6) Subsections (4) and (5) apply with necessary modifications with respect to the expenses of a justice of the peace in a period described in subsection (3). O. Reg. 400/01, s. 7.

(7) Property for which a justice of the peace is reimbursed under this section is the property of the Crown in right of Ontario and must be delivered to the Crown when the justice of the peace ceases to hold office, if the property is in serviceable condition at that time. O. Reg. 400/01, s. 7.

Holidays, Vacations and Credits

holidays

10. (1) Every year, a full-time justice of the peace is entitled to a holiday on New Year’s Day, Good Friday, Easter Monday, Victoria Day, Canada Day, the first Monday in August, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any special holiday proclaimed by the Governor General or the Lieutenant Governor. O. Reg. 400/01, s. 7.

(2) Every year, an eligible part-time justice of the peace is entitled to a holiday on each of the days specified in subsection (1) that falls on a regularly scheduled working day. O. Reg. 400/01, s. 7.

(3) A special holiday 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 the leave of absence. O. Reg. 400/01, s. 7.

(4) When a holiday specified in subsection (1) falls on a Saturday or Sunday, or when any two of them fall on a successive Saturday and Sunday, the following Monday is a holiday and, in addition, when Christmas day falls or on a Saturday or Sunday, the following Tuesday is a holiday. O. Reg. 400/01, s. 7.

(5) A justice of the peace who is required to work on a holiday is entitled to a compensating day as a holiday. O. Reg. 400/01, s. 7.

vacation

11. (1) A full-time justice of the peace is entitled to accumulate vacation credits in each year at the rate of,

(a) 1 1/4 days per month during the first eight years of continuous service;

(b) 1 2/3 days per month after eight years of continuous service;

(c) 2 1/12 days per month after 15 years of continuous service; and

(d) 2 1/2 days per month after 26 years of continuous service. O. Reg. 400/01, s. 7.

(2) An eligible part-time justice of the peace is entitled to accumulate a pro-rated portion of the vacation credits shown in subsection (1) based on the ratio that his or her regularly scheduled hours of work bear to full-time work. O. Reg. 400/01, s. 7.

(3) A justice of the peace is entitled to accumulate vacation credits in respect of a month or part thereof in which he or she is at work or on leave of absence with pay. O. Reg. 400/01, s. 7.

(4) Despite subsections (1) and (2), a justice of the peace is not entitled to accumulate vacation credits,

(a) in respect of a whole month in which he or she is on leave of absence without pay;

(b) in respect of a whole month in which he or she receives benefits under the Long Term Income Protection Plan; and

(c) if he or she receives benefits under an award made under the Workplace Safety and Insurance Act, 1997, in respect of a whole month after the first six months in which he or she receives those benefits unless he or she is receiving payment for accumulated credits during the whole month. O. Reg. 400/01, s. 7.

(5) A justice of the peace shall be credited with his or her vacation credits for a year on the day in the year when he or she is first appointed and on January 1 in each year thereafter. O. Reg. 400/01, s. 7.

(6) A justice of the peace may accumulate vacation credits to a maximum of twice his or her annual credits but his or her vacation credits shall be reduced to a maximum of one year’s credits not later than December 31 in each year. O. Reg. 400/01, s. 7.

(7) If a justice of the peace is prevented from taking a vacation as a result of either an injury for which an award is granted under the Workplace Safety and Insurance Act, 1997 or a total disability or an extraordinary requirement of the Crown, and if his or her vacation credits in respect of that vacation are forfeited under subsection (6), the Associate Chief Justice — Co-ordinator of Justices of the Peace shall give the justice of the peace, at his or her request, a leave of absence with pay to replace the forfeited vacation days. O. Reg. 400/01, s. 7.

(8) A justice of the peace who has completed six months of continuous service may, with the approval of the Associate Chief Justice — Co-ordinator of Justices of the Peace, take vacation to the extent of his or her vacation entitlement and his or her accumulated vacation credits are reduced by the amount of vacation taken. O. Reg. 400/01, s. 7.

(9) When a justice of the peace completes 25 years of continuous service, the following shall be added to his or her accumulated vacation on that occasion only:

1. For a full-time justice of the peace, five days vacation.

2. For an eligible part-time justice of the peace, that portion of five days vacation equal to the portion his or her regularly scheduled hours of work bear to full-time work. O. Reg. 400/01, s. 7.

(10) A justice of the peace who completes 25 years of continuous service on or before the last day of the month in which he or she reaches 69 years of age is entitled, after the end of that month, to,

(a) five days of pre-retirement leave with pay, if the justice of the peace is a full-time justice of the peace; or

(b) that portion of five days pre-retirement leave with pay equal to the portion that his or her regularly scheduled hours of work bear to full-time work if the justice of the peace is an eligible part-time justice of the peace. O. Reg. 400/01, s. 7.

(11) If a justice of the peace ceases to hold office before completing six months of continuous service, he or she is entitled to vacation pay at the rate of 4 per cent of his or her earnings during the period in which he or she held office. O. Reg. 400/01, s. 7.

(12) A justice of the peace who has completed six or more months of continuous service shall be paid, in an amount computed at the rate of his or her last regular salary, for any unused vacation standing to the credit of the justice of the peace at the date he or she ceases to be a justice of the peace. O. Reg. 400/01, s. 7.

(13) A justice of the peace who has completed six or more months of continuous service is entitled, upon his or her request, to be paid, in an amount computed at the rate of his or her last regular salary, for any unused vacation standing to the credit of the justice of the peace at the date on which he or she qualifies for payments under the Long Term Income Protection Plan. O. Reg. 400/01, s. 7.

(14) When a justice of the peace ceases to hold office, there shall be deducted from his or her accumulated vacation credits an amount, in respect of the whole months remaining in the year after the person ceases to hold office, that is computed at the rate set out in subsection (1) in the case of a full-time justice of the peace and at the rate set out in subsection (2) in the case of an eligible part-time justice of the peace. O. Reg. 400/01, s. 7.

(15) Vacation taken in excess of the vacation credits to which a justice of the peace is entitled on the date he or she ceases to hold office is deducted from the amount paid to the justice of the peace under sections 31 to 38 and from any salary to which he or she may be entitled. O. Reg. 400/01, s. 7.

(16) In this section,

“continuous service” includes,

(a) a leave of absence granted to the justice of the peace under section 13,

(b) his or her absence by reason of an injury or occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997,

(c) an absence for which benefits are received by the justice of the peace under the Long Term Income Protection Plan,

(d) a leave of absence without pay granted to the justice of the peace for a period that exceeds 30 days, or

(e) his or her period of full-time service under the Legislative Assembly Act that is immediately before his or her appointment as a justice of the peace under the Justices of the Peace Act or as a public servant under the Public Service Act, and without any intervening break in service, including service as an employee of the caucus of a political party or of a member of the Assembly, if his or her salary is paid out of the money appropriated for use of the caucus or member under the Legislative Assembly Act. O. Reg. 400/01, s. 7.

compensation option credits

12. (1) A justice of the peace is entitled to accumulate compensation option credits in each year for the portion of the year during which he or she holds that office. O. Reg. 400/01, s. 7.

(2) The compensation option credits accumulate at the rate of,

(a) 5/12 of one credit per month in the year for a full-time justice of the peace; and

(b) that portion of 5/12 of one credit per month in the year that is equal to the portion that his or her regularly scheduled hours of work bear to full-time work, for an eligible part-time justice of the peace. O. Reg. 400/01, s. 7.

(3) The compensation option credits that a justice of the peace is entitled to accumulate in a year are credited to him or her on January 1 in the year or on the day in the year when he or she first becomes a justice of the peace, whichever is later. O. Reg. 400/01, s. 7.

(4) There shall be deducted from the compensation option credits credited to a justice of the peace in a year, to a maximum of the credits credited to him or her in the year, credits at the rate set out in clause (2) (a) or (b), as the case requires, for,

(a) each whole month in the year throughout which the justice of the peace is on leave of absence without pay;

(b) each whole month in the year throughout which the justice of the peace receives benefits under the Long Term Income Protection Plan;

(c) each whole month in the year throughout which the justice of the peace receives benefits under an award made under the Workplace Safety and Insurance Act, 1997, if that month is after the first six months for which the justice of the peace received benefits under that award, and if he or she is not receiving payment for accumulated attendance credits or accumulated vacation credits in that month;

(d) each whole month in the year after the month in which the justice of the peace ceases to hold office;

(e) each whole month in the year throughout which the justice of the peace is on leave of absence with pay under subsection 37 (3) or (6), and for the month in the year, if less than a whole month, in which the leave of absence with pay ends; and

(f) any month wholly comprised of consecutive periods of less than a month for which credit would be deducted under clauses (a) to (e) if the periods were whole months. O. Reg. 400/01, s. 7.

(5) With the approval of the Associate Chief Justice — Co-ordinator of Justices of the Peace, a justice of the peace may take leave of absence with pay in respect of some or all of his or her accumulated compensation option credits at the rate of one day of leave of absence with pay for each compensation option credit to which he or she is entitled, and his or her accumulated compensation option credits are reduced by the leave of absence with pay taken. O. Reg. 400/01, s. 7.

(6) If, after making any deduction required by subsection (4) or (5), the accumulated compensation option credits of a justice of the peace at the end of a year exceed 20, the excess is deducted from his or her accumulated compensation option credits before compensation option credits for the next year are credited to him or her. O. Reg. 400/01, s. 7.

(7) Each day or part thereof by which a leave of absence with pay taken by a justice of the peace under subsection (5) exceeds his or her accumulated compensation option credits after making any deduction required by subsection (4) or (6) is deducted from his or her vacation credits, and he or she shall repay the salary paid to him or her for any day or part thereof of the leave of absence with pay that cannot be so deducted. O. Reg. 400/01, s. 7.

(8) Any amount to be repaid under subsection (7) may be deducted from any payment the justice of the peace is entitled to receive from the Crown in respect of salary or termination payments or otherwise. O. Reg. 400/01, s. 7.

(9) A justice of the peace is not entitled to be paid for any accumulated compensation option credits to which he or she remains entitled when he or she ceases to be a justice of the peace or when he or she commences a leave of absence with pay under subsection 37 (3) or (6). O. Reg. 400/01, s. 7.

Sickness and Disability

short term sickness plan

13. (1) In each year, a full-time justice of the peace who is unable to attend to his or her duties due to sickness or injury is entitled to a leave of absence,

(a) with regular salary for six working days; and

(b) with 75 per cent of regular salary for an additional 124 working days. O. Reg. 400/01, s. 7.

(2) An eligible part-time justice of the peace who is unable to attend to his or her duties due to sickness or injury is entitled, in each year, to leave of absence,

(a) with regular salary for that portion of six working days equal to the portion his or her regularly scheduled hours of work bear to full-time work; and

(b) with 75 per cent of regular salary for that portion of an additional 124 working days equal to the portion his or her regularly scheduled hours of work bear to full-time work. O. Reg. 400/01, s. 7.

(3) A justice of the peace is not entitled to a leave of absence with pay under this section until he or she completes, in the case of a full-time justice of the peace, 20 consecutive working days, and in the case of an eligible part-time justice of the peace, all of his or her regularly scheduled hours within a period of four consecutive weeks. O. Reg. 400/01, s. 7.

(4) A justice of the peace who is on leave of absence with pay under this section that commences on a regularly scheduled working day in one year and continues to include a regularly scheduled working day in the next following year is not entitled to leave of absence with pay for a greater number of working days than are permitted under subsection (1) or (2), as the case may be, in the two years until the justice of the peace has again completed the service requirement described in subsection (3). O. Reg. 400/01, s. 7.

(5) A justice of the peace who was on leave of absence with pay under this section for the number of days in a year permitted under subsection (1) or (2), as the case may be, is not entitled to leave of absence with pay under this section in the year next following until the justice of the peace has again completed the service requirement described in subsection (3). O. Reg. 400/01, s. 7.

(6) The pay of a justice of the peace under this section is subject to,

(a) all deductions for the group insurance plans and under the Public Service Pension Plan that would otherwise be made from the pay; and

(b) all contributions that would otherwise be made by the Crown in respect of the pay. O. Reg. 400/01, s. 7.

(7) The deductions and contributions referred to in subsection (6) are made as if the justice of the peace were receiving his or her regular salary. O. Reg. 400/01, s. 7.

use of accumulated credits

14. (1) A justice of the peace who is on leave of absence and receiving pay under clause 13 (1) (b) or (2) (b) is entitled, at his or her option, to have his or her accumulated credits reduced for each day to which clause 13 (1) (b) or (2) (b) applies and to receive regular salary for each such day. O. Reg. 400/01, s. 7.

(2) A justice of the peace who is absent due to sickness or injury beyond the total number of days leave of absence with pay provided for in section 13 shall have his or her accumulated attendance credits reduced by the number of days of such absence and he or she is entitled to leave of absence with pay on each such day. O. Reg. 400/01, s. 7.

(3) Subsection (2) does not apply to a justice of the peace 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. 400/01, s. 7.

benefits under the workplace safety and insurance act, 1997

15. (1) If a justice of the peace is absent by reason of an injury or occupational disease for which a claim is made under the Workplace Safety and Insurance Act, 1997, his or her salary shall continue to be paid for a period not exceeding 30 working days; and, if the claim is rejected any salary paid in excess of that to which he or she is entitled under sections 13 and 14 is an amount owing by the justice of the peace to the Crown. O. Reg. 400/01, s. 7.

(2) If a justice of the peace is absent by reason of an injury or occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997, his or her salary shall continue to be paid for a period not exceeding three consecutive months, or a total of 65 regularly scheduled working days where such absences are intermittent, following the date of the first absence because of the injury or disease. O. Reg. 400/01, s. 7.

(3) The regular salary of a justice of the peace to whom an award is made under the Workplace Safety and Insurance Act, 1997 that is less than his or her regular salary but that applies for a period beyond that set out in subsection (2) may be paid after the period set out in subsection (2) if the justice of the peace has accumulated credits. O. Reg. 400/01, s. 7.

(4) For any payment made under subsection (3), the difference between his or her regular salary paid after the period set out in subsection (2) and the compensation awarded shall be converted to its equivalent time and deducted from his or her accumulated credits. O. Reg. 400/01, s. 7.

(5) If a justice of the peace is absent by reason of an injury or occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997, the Crown shall continue to pay the premiums otherwise payable by the Crown for the group insurance plans. O. Reg. 400/01, s. 7.

medical examination

16. (1) After seven consecutive calendar days absence caused by sickness or injury, a justice of the peace is not entitled to leave with pay unless a certificate of a legally qualified medical practitioner (or of such other person as may be approved by the Associate Chief Justice — Co-ordinator of Justices of the Peace) is forwarded to the Associate Chief Justice — Co-ordinator of Justices of the Peace, certifying that the justice of the peace is unable to attend to official duties. O. Reg. 400/01, s. 7.

(2) Despite subsection (1), the Chief Justice or the Associate Chief Justice — Co-ordinator of Justices of the Peace may require a justice of the peace to submit the certificate required by subsection (1) for any period of absence. O. Reg. 400/01, s. 7.

(3) If, for reasons of health, a justice of the peace is frequently absent or unable to perform his or her duties, the Associate Chief Justice — Co-ordinator of Justices of the Peace may require him or her to submit to a medical examination at the expense of the Crown. O. Reg. 400/01, s. 7.

Special and Compassionate Leaves

bereavement leave

17. (1) A justice of the peace is entitled,

(a) in the case of a full-time justice of the peace, to not more than three working days leave of absence with pay; and

(b) in the case of an eligible part-time justice of the peace, to not more than three consecutive days leave of absence with pay,

in the event of the death of his or her spouse, parent, mother-in-law, father-in-law, child, stepchild, daughter-in-law, son-in-law, sister, brother, sister-in-law, brother-in-law, grandparent, grandchild, ward or guardian. O. Reg. 400/01, s. 7; O. Reg. 29/05, s. 5.

(2) A justice of the peace who would otherwise have been at work is entitled to one day leave of absence with pay in the event of the death of his or her aunt, uncle, niece or nephew. O. Reg. 400/01, s. 7.

(3) If the funeral service for a person on whose death a justice of the peace is entitled to a leave of absence under subsections (1) and (2) is held at a location more than 800 kilometres from his or her residence, the justice of the peace is entitled to two additional days leave of absence without pay immediately following the leave of absence taken by the justice of the peace under those subsections. O. Reg. 400/01, s. 7.

pregnancy and parental leaves

18. (1) A justice of the peace who is pregnant is entitled to a leave of absence beginning not earlier than 17 weeks before the expected birth date. O. Reg. 400/01, s. 7.

(2) At least two weeks before the leave is to begin, the justice of the peace shall give the Associate Chief Justice — Co-ordinator of Justices of the Peace 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. 400/01, s. 7.

(3) Subsection (2) does not apply to a justice of the peace 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 she was expected to give birth. O. Reg. 400/01, s. 7.

(4) A justice of the peace to whom subsection (3) applies shall, within two weeks of stopping work, give the Associate Chief Justice — Co-ordinator of Justices of the Peace,

(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 justice of the peace who stops working because of complications caused by her pregnancy, stating that she 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 justice of the peace was expected to give birth. O. Reg. 400/01, s. 7.

(5) The pregnancy leave of a justice of the peace ends,

(a) in the case of a justice of the peace who is entitled to take parental leave, 17 weeks after the pregnancy leave began;

(b) in the case of a justice of the peace who is not entitled to take parental leave, on the later of the date that is 17 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 justice of the peace gives the Associate Chief Justice — Co-ordinator of Justices of the Peace at least four weeks written notice of the earlier date. O. Reg. 400/01, s. 7.

(6) The first 17 weeks of pregnancy leave shall be with pay and any additional pregnancy leave shall be without pay. O. Reg. 400/01, s. 7.

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

(a) to an earlier date, by giving the Associate Chief Justice — Co-ordinator of Justices of the Peace written notice at least two weeks before the earlier date; or

(b) to a later date, by giving the Associate Chief Justice — Co-ordinator of Justices of the Peace written notice at least two weeks before the date leave was to begin under the previous notice. O. Reg. 400/01, s. 7.

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

(a) to an earlier date, by giving the Associate Chief Justice — Co-ordinator of Justices of the Peace written notice at least four weeks before the earlier date; or

(b) to a later date, by giving the Associate Chief Justice — Co-ordinator of Justices of the Peace written notice at least four weeks before the date leave was to end under the previous notice. O. Reg. 400/01, s. 7.

(9) This section also applies to a justice of the peace who, on or after January 1, 2001, is on a leave of absence under section 65 (pregnancy leave) of Regulation 977 of the Revised Regulations of Ontario, 1990 (General) made under the Public Service Act. O. Reg. 400/01, s. 7.

19. (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. 400/01, s. 7.

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

(a) the birth of the child, if it occurs on or after January 1, 2001; or

(b) the coming of the child into the custody, care and control of a parent for the first time, if it occurs on or after January 1, 2001. O. Reg. 400/01, s. 7.

(3) Parental leave shall begin not later than 35 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. 400/01, s. 7.

(4) The parental leave of a justice of the peace 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. 400/01, s. 7.

(5) A justice of the peace who takes parental leave shall give the Associate Chief Justice — Co-ordinator of Justices of the Peace at least two weeks written notice of the date the leave is to begin. O. Reg. 400/01, s. 7.

(6) Subsection (5) does not apply in the case of a justice of the peace who stops working because the child comes into the custody, care and control of a parent sooner than expected. O. Reg. 400/01, s. 7.

(7) The parental leave of a justice of the peace to whom subsection (6) applies begins on the day he or she stops working and, within two weeks of stopping work, he or she shall give the Associate Chief Justice — Co-ordinator of Justices of the Peace written notice that the justice of the peace wishes to take parental leave. O. Reg. 400/01, s. 7.

(8) The parental leave of a justice of the peace ends,

(a) 26 weeks after it begins; or

(b) on a date earlier than the date provided for in clause (a), if the justice of the peace gives the Associate Chief Justice — Co-ordinator of Justices of the Peace at least four weeks written notice of the earlier date. O. Reg. 400/01, s. 7.

(9) The first ten days of parental leave shall be with pay and the remainder shall be without pay. O. Reg. 400/01, s. 7.

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

(a) to an earlier date, by giving the Associate Chief Justice — Co-ordinator of Justices of the Peace written notice at least two weeks before the earlier date; or

(b) to a later date, by giving the Associate Chief Justice — Co-ordinator of Justices of the Peace written notice at least two weeks before the date leave was to begin under the previous notice. O. Reg. 400/01, s. 7.

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

(a) to an earlier date, by giving the Associate Chief Justice — Co-ordinator of Justices of the Peace written notice at least four weeks before the earlier date; or

(b) to a later date, by giving the Associate Chief Justice — Co-ordinator of Justices of the Peace written notice at least four weeks before the date leave was to end under the previous notice. O. Reg. 400/01, s. 7.

canadian forces reserve training leave

20. In each year, the Associate Chief Justice — Co-ordinator of Justices of the Peace may give a justice of the peace a leave of absence with pay of not more than one week and a leave of absence without pay of not more than one week for the purpose of Canadian Forces Reserve training. O. Reg. 400/01, s. 7.

discretionary leave

21. (1) The Associate Chief Justice — Co-ordinator of Justices of the Peace may give a justice of the peace a leave of absence with pay of not more than three days in a year upon special or compassionate grounds. O. Reg. 400/01, s. 7.

(2) A further leave of absence with pay may be given for special or compassionate purposes to a justice of the peace for a period of,

(a) not more than six months with the approval of the Associate Chief Justice — Co-ordinator of Justices of the Peace; and

(b) over six months upon the recommendation of the Chief Justice and with the approval of the Lieutenant Governor in Council. O. Reg. 400/01, s. 7.

(3) A leave of absence without pay and without accumulation of credits may be given to a justice of the peace by the Associate Chief Justice — Co-ordinator of Justices of the Peace. O. Reg. 400/01, s. 7.

(4) A justice of the peace shall not absent himself or herself from duty on a leave of absence provided for in this section unless he or she has previously obtained the authorization required by this section. O. Reg. 400/01, s. 7.

(5) An application for leave of absence under this section must be in writing and must set out the reasons for the leave of absence. O. Reg. 400/01, s. 7.

22. (1) In this section,

“leave of absence” means a leave of absence for the purpose of undertaking employment under the auspices of the Government of Canada or a public agency or in the private sector. O. Reg. 400/01, s. 7.

(2) The Associate Chief Justice — Co-ordinator of Justices of the Peace may give a justice of the peace a leave of absence with pay for a period of not more than two years and, if the leave is less than two years, may extend it from time to time to a maximum of two years. O. Reg. 400/01, s. 7.

(3) The Associate Chief Justice — Co-ordinator of Justices of the Peace, with the approval of the Chief Justice, may give a justice of the peace a leave of absence with pay for a period of not more than five years and, if the leave is less than five years, the Associate Chief Justice — Co-ordinator of Justices of the Peace, with the approval of the Chief Justice, may extend it from time to time to a maximum of five years. O. Reg. 400/01, s. 7.

(4) If a leave of absence was originally given under subsection (2), the Associate Chief Justice — Co-ordinator of Justices of the Peace, with the approval of the Chief Justice, may extend it from time to time to a maximum of five years. O. Reg. 400/01, s. 7.

(5) The Associate Chief Justice — Co-ordinator of Justices of the Peace may give a justice of the peace a leave of absence without pay and without accumulation of credits for a period of not more than two years and, if the leave is less than two years, may extend it from time to time to a maximum of two years. O. Reg. 400/01, s. 7.

(6) The Associate Chief Justice — Co-ordinator of Justices of the Peace, with the approval of the Chief Justice, may give a justice of the peace a leave of absence without pay and without accumulation of credits for a period of not more than five years and, if the original leave is less than five years, the Associate Chief Justice — Co-ordinator of Justices of the Peace, with the approval of the Chief Justice, may extend it from time to time to a maximum of five years. O. Reg. 400/01, s. 7.

(7) If a leave of absence is originally given under subsection (5), the Associate Chief Justice — Co-ordinator of Justices of the Peace, with the approval of the Chief Justice, may extend the leave of absence from time to time to a maximum of five years. O. Reg. 400/01, s. 7.

(8) If a justice of the peace is given a leave of absence with pay,

(a) he or she is entitled to the same sick leave benefits and vacation credits to which he or she would be entitled if he or she had not taken the leave of absence;

(b) he or she is required to submit regular personal attendance reports; and

(c) the agency responsible for paying the salary of the justice of the peace shall reimburse the Minister of Finance,

(i) for the salary of the justice of the peace, and

(ii) for contributions made by the Government of Ontario on behalf of the justice of the peace in respect of the Public Service Pension Plan, the Canada Pension Plan and group insurance plans. O. Reg. 400/01, s. 7.

(9) If a justice of the peace takes a leave of absence without pay and without accumulation of credits, he or she may continue to participate in the group insurance plans in which the justice of the peace would have participated if he or she had not taken the leave of absence, but only if the justice of the peace pays the full premiums for the coverage under the plans. O. Reg. 400/01, s. 7.

Group Insurance Plans

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

1. A Basic Life Insurance Plan.

2. A Supplementary Life Insurance Plan.

3. A Dependents’ Life Insurance Plan.

4. A Long Term Income Protection Plan.

5. A Supplementary Health and Hospital Insurance Plan.

6. A Dental Insurance Plan. O. Reg. 400/01, s. 7.

(2) The group insurance coverage referred to in subsection (1) shall not be provided for a justice of the peace during a leave of absence without pay except to the extent that the justice of the peace arranges to pay the amount of the full premium for any of the coverages that the justice of the peace chooses to have continued during the leave and pays the amount at least one week before the first of each month of the leave of absence. O. Reg. 400/01, s. 7.

(3) Within a reasonable time after a justice of the peace is given a leave of absence, the Crown shall inform the justice of the peace that group insurance coverages during the leave of absence will continue only in accordance with subsection (2). O. Reg. 400/01, s. 7.

(4) Except as stated in this section and sections 24 to 30, the benefits provided to justices of the peace under the group insurance coverages shall be those set out in the agreements made with the insurance underwriters. O. Reg. 400/01, s. 7.

(5) The benefits provided for full-time justices of the peace under each group insurance coverage must continue until a full-time justice of the peace reaches 70 years of age or ceases to be a justice of the peace, whichever occurs first. O. Reg. 400/01, s. 7.

(6) Each group insurance coverage must provide the same benefits to full-time justices of the peace who are between 65 and 70 years of age as it provides to full-time justices of the peace who are less than 65 years of age. O. Reg. 400/01, s. 7.

(7) Each group insurance coverage must be provided on and after January 1, 2001. O. Reg. 400/01, s. 7.

24. (1) The Basic Life Insurance Plan must provide life insurance coverage equal to 100 per cent of the annual salary of every justice of the peace, and such coverage is not less than $10,000 for a full-time justice of the peace and $5,000 for an eligible part-time justice of the peace. O. Reg. 400/01, s. 7.

(2) The Crown shall pay the premium for Basic Life Insurance Plan coverage. O. Reg. 400/01, s. 7.

25. (1) The Supplementary Life Insurance Plan must 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 justice of the peace, for those justices of the peace who choose to participate in the Plan. O. Reg. 400/01, s. 7.

(2) A justice of the peace who participates in the Supplementary Life Insurance Plan shall pay the premium for his or her insurance coverage in the Plan. O. Reg. 400/01, s. 7.

26. (1) The Dependents’ Life Insurance Plan must provide, in respect of each justice of the peace who chooses to participate in the Plan, life insurance coverage of,

(a) $1,000 for the spouse of the justice of the peace and $500 for each child of the justice of the peace; or

(b) $2,000 for the spouse of the justice of the peace and $1,000 for each child of the justice of the peace,

whichever coverage the justice of the peace chooses. O. Reg. 400/01, s. 7; O. Reg. 29/05, s. 6.

(2) In subsection (1),

“child” means,

(a) an unmarried child who is less than 21 years of age,

(b) a child who is at least 21 years of age but not yet 26 years of age and who is in full time attendance at an educational institution or on vacation from one, or

(c) a child who is at least 21 years of age and who is mentally or physically infirm and is dependent on the justice of the peace. O. Reg. 400/01, s. 7; O. Reg. 201/05, s. 1.

(3) A justice of the peace who participates in the Dependents’ Life Insurance Plan shall pay the premiums for the insurance coverage provided to the justice of the peace in the Plan. O. Reg. 400/01, s. 7.

27. (1) The Long Term Income Protection Plan must provide the benefit described in subsection (3) to a justice of the peace who participates in the Plan and who is totally disabled, is under the care of or is receiving treatment from a legally qualified medical practitioner and is not, except for the purpose of rehabilitation, engaged in any occupation or employment for which he or she receives a wage or profit. O. Reg. 400/01, s. 7.

(2) The justice of the peace is entitled to receive the benefit beginning immediately after a qualifying period of six continuous months of total disability and continuing until the earliest of,

(a) termination of the total disability;

(b) death; or

(c) the end of the month in which the justice of the peace reaches 70 years of age, in the case of a full-time justice of the peace, or 65 years of age, in the case of a part-time justice of the peace. O. Reg. 400/01, s. 7.

(3) The amount of the annual benefit during a calendar year (the “payment year”) is the amount calculated using the formula,

A – (B + C)

in which,

“A” is,

(a) for the first payment year in which the benefit is paid, 66⅔ per cent of the justice of the peace’s regular salary immediately before the beginning of the qualifying period, and

(b) for each subsequent payment year, the amount of “A” for the previous year, increased by the average annual increase, expressed as a percentage, in the Ontario Consumer Price Index as published by Statistics Canada in January of the payment year, to a maximum of 2 per cent,

“B” is the total amount of the other disability and retirement benefits, if any, payable for the year to the justice of the peace under any other plans to which the justice of the peace contributes, other than payments under the Workplace Safety and Insurance Act, 1997 for an unrelated disability, and

“C” is 50 per cent of any rehabilitation earnings of the justice of the peace for the year.

O. Reg. 400/01, s. 7.

(4) Every justice of the peace who is appointed to office on or after March 1, 1971 shall participate in the Long Term Income Protection Plan. O. Reg. 400/01, s. 7.

(5) A justice of the peace who was appointed to office before March 1, 1971,

(a) where the justice of the peace was participating in the Long Term Income Protection Plan on December 19, 1975, is entitled to continue to participate in the Plan or to cease participating in the Plan; or

(b) where the justice of the peace was not participating in the Plan on December 19, 1975 is, upon producing evidence of medical eligibility satisfactory to the insurer under the Plan, entitled to participate in the Plan, and is thereafter entitled to cease participating in the Plan. O. Reg. 400/01, s. 7.

(6) The Crown shall pay 85 per cent of the premium costs for every justice of the peace who participates in the Long Term Income Protection Plan and the justice of the peace shall pay the balance of the premium costs through payroll deduction. O. Reg. 400/01, s. 7.

(7) In this section,

“rehabilitation earnings” means earnings for service following directly after a period of total disability during which the justice of the peace is not fully recovered from the disability;

“total disability” means,

(a) during the qualifying period and the first 24 months of the period in respect of which benefits may be paid, the continuous inability of the justice of the peace, as a result of sickness or injury, to perform the essential duties of the justice of the peace’s normal occupation, and

(b) during the balance of the period in respect of which benefits may be paid, the inability of the justice of the peace, as the result of sickness or injury, to perform the essential duties of any gainful occupation for which the justice of the peace is reasonably fitted by education, training or experience,

and “totally disabled” has a corresponding meaning. O. Reg. 400/01, s. 7.

28. If the Crown is paying all or part of the premiums for a justice of the peace for the group insurance plans and the justice of the peace receives benefits under the Long Term Income Protection Plan, the Crown shall continue the premium payments for the period in respect of which the justice of the peace is receiving the benefits. O. Reg. 400/01, s. 7.

29. (1) The Supplementary Health and Hospital Insurance Plan must provide to every justice of the peace who joins the Plan,

(a) reimbursement for 90 per cent of the cost of drugs and medicine dispensed by a legally qualified medical practitioner or by a pharmacist as defined in subsection 117 (1) of the Drug and Pharmacies Regulation Act on the written prescription of a legally qualified medical practitioner;

(b) reimbursement for charges for semi-private room hospital care made 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; and

(c) such other health and hospital expenses as result from treatment and services recommended or approved by a legally qualified medical practitioner as may be provided by the Plan. O. Reg. 400/01, s. 7.

(2) The Crown shall pay,

(a) the premiums for every full-time justice of the peace who joins the Supplementary Health and Hospital Insurance Plan; and

(b) 40, 50, 60, 70 or 80 per cent of the premiums for every eligible part-time justice of the peace who joins the Supplementary Health and Hospital Insurance Plan, whichever percentage is closest to the relation that his or her regularly scheduled hours of work bear to full-time work, and the justice of the peace shall pay the balance of the premium through payroll deduction. O. Reg. 400/01, s. 7.

(3) A justice of the peace 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 following January 1, if the justice of the peace has satisfied the waiting period of the Plan and the justice of the peace,

(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 justice of the peace 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. 400/01, s. 7.

(4) A justice of the peace 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. 400/01, s. 7.

(5) The Supplementary Health and Hospital Insurance Plan must provide the cost of vision care to a maximum of $300 per person every 24 months to every justice of the peace who elects to participate in the Plan’s additional coverage for vision care and hearing aids. O. Reg. 400/01, s. 7; O. Reg. 29/05, s. 7 (1).

(6) The Supplementary Health and Hospital Insurance Plan must provide the cost of the purchase and repair of a hearing aid (other than the replacement of a battery) to a maximum of $1,200 per person every four years to every justice of the peace who elects to participate in the Plan’s additional coverage for vision care and hearing aids. O. Reg. 29/05, s. 7 (2).

(6.1) Every person who held office as a justice of the peace after March 31, 2002 and before February 3, 2005 and who elected to participate in the Plan’s additional coverage for vision care and hearing aids is entitled to be reimbursed for vision care and hearing aids as if subsections (5) and (6) and the definition of “vision care” in subsection (9) as they read on February 3, 2005 had been in force during that period of time. O. Reg. 29/05, s. 7 (2).

(7) The additional coverage described in subsections (5) and (6) is subject to the following deductible amount:

1. $10 for each calendar year for a justice of the peace with single coverage.

2. $10 per person for each calendar year to a maximum of $20 for a justice of the peace with family coverage. O. Reg. 400/01, s. 7.

(8) For the additional coverage described in subsection (5), the Crown shall pay,

(a) 80 per cent of the premiums for each participating full-time justice of the peace for the period after March 31, 2002; and

(b) 80 per cent of the applicable monthly percentage under clause (2) (b) of the premiums for each participating part-time justice of the peace for the period after March 31, 2002. O. Reg. 29/05, s. 7 (3).

(8.1) For the additional coverage described in subsection (6), the Crown shall pay,

(a) 60 per cent of the premiums for each participating full-time justice of the peace; and

(b) 60 per cent of the applicable monthly percentage under clause (2) (b) of the premiums for each participating part-time justice of the peace. O. Reg. 29/05, s. 7 (3).

(9) In this section,

“vision care” means,

(a) eye examinations conducted by a physician who is a member of the College of Physicians and Surgeons of Ontario or an optometrist who is a member of the College of Optometrists of Ontario, and

(b) eyeglasses, frames and lenses for eyeglasses and contact lenses prescribed by a physician who is a member of the College of Physicians and Surgeons of Ontario or an optometrist who is a member of the College of Optometrists of Ontario, and includes the fitting of such eyeglasses, frames, lenses and contact lenses, but does not include eyeglasses for cosmetic purposes or sunglasses. O. Reg. 400/01, s. 7; O. Reg. 29/05, s. 7 (4).

30. (1) The Dental Insurance Plan must reimburse every justice of the peace who elects to participate in the Plan for the following expenses and the reimbursement is in the following amount:

1. Eighty-five 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 to exceed 85 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. Fifty per cent of the cost of new dentures specified by the Plan, to a maximum of 50 per cent of the fees set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred. However, $3,000 per person is the maximum reimbursement under this paragraph in respect of a justice of the peace, the justice of the peace’s spouse and each dependent child of the justice of the peace.

3. Fifty per cent of the cost of orthodontic services specified by the Plan and provided to unmarried dependent children of the justice of the peace who are more than six years old and less then 19 years old, to a maximum of 50 per cent of the fees set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred. However, $3,000 is the maximum reimbursement under this paragraph in respect of each dependent child of the justice of the peace.

4. Fifty per cent of the cost of crowns, bridgework and other major restorative services specified by the Plan, to a maximum of 50 per cent of the fees set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred. However, $2,000 per person per year is the maximum reimbursement under this paragraph in respect of a justice of the peace, the justice of the peace’s spouse and each dependent child of the justice of the peace. O. Reg. 400/01, s. 7; O. Reg. 29/05, s. 8.

(2) The Crown shall pay,

(a) the premiums for every full-time justice of the peace who joins the Dental Insurance Plan; and

(b) 40, 50, 60, 70 or 80 per cent of the premiums of the Dental Insurance Plan for every eligible part-time justice of the peace who joins the Plan, whichever percentage is closest to the relation that his or her regularly scheduled hours of work bear to full-time work and the justice of the peace shall pay the balance of the premium through payroll deduction. O. Reg. 400/01, s. 7.

(3) A justice of the peace may elect to participate in the Dental Insurance Plan,

(a) on appointment;

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

(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 justice of the peace under the plan of another person has been terminated, for coverage commencing on the 1st day of the month coinciding with or next following the presentation of the evidence. O. Reg. 400/01, s. 7.

(4) A justice of the peace may elect in December of any year to opt out of the Dental Insurance Plan and coverage ceases at the end of that month. O. Reg. 400/01, s. 7.

Termination Payments

31. A full-time justice of the peace who was appointed before January 1, 1970 and who ceases to be a justice of the peace 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 be a justice of the peace by his or her annual salary at the date of ceasing to be a justice of the peace and dividing the product by 261. O. Reg. 400/01, s. 7.

32. (1) Despite section 31, a full-time justice of the peace who was appointed on or after October 1, 1965 and before January 1, 1970 is entitled to receive the amount described in subsection (2) for continuous service up to and including December 31, 1975 if he or she ceases to be a justice of the peace because of,

(a) death;

(b) retirement under section 6 of the Act; or

(c) total and permanent disability that entitles him or her to a pension or payment under the Public Service Pension Plan. O. Reg. 400/01, s. 7.

(2) In the circumstances described in subsection (1), the full-time justice of the peace is entitled to receive one of the following amounts:

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

2. The amount in respect of his or her accumulated attendance credits computed in accordance with section 31. O. Reg. 400/01, s. 7.

33. (1) A full-time justice of the peace who is appointed on or after January 1, 1970 is entitled to the severance pay described in this section for each year of continuous service up to and including December 31, 1975. O. Reg. 400/01, s. 7.

(2) A full-time justice of the peace is entitled to receive an amount equal to one week of salary for each year of service if he or she has completed one year of continuous service and ceases to be a justice of the peace because of,

(a) death;

(b) retirement under section 6 of the Act; or

(c) total and permanent disability that entitles him or her to a pension or payment under the Public Service Pension Plan. O. Reg. 400/01, s. 7.

(3) A full-time justice of the peace is entitled to receive an amount equal to one week of salary for each year of service if he or she has completed five years of continuous service and ceases to be a justice of the peace for any reason other than,

(a) removal from office under clause 8 (2) (b) of the Act; or

(b) abandonment of position. O. Reg. 400/01, s. 7.

34. (1) A justice of the peace, is entitled to receive severance pay for continuous service on or after January 1, 1976,

(a) if he or she has completed a minimum of one year of continuous service and who ceases to be a justice of the peace because of,

(i) death,

(ii) retirement under section 6 of the Act, or

(iii) total and permanent disability that entitles him or her to a pension or payment under the Public Service Pension Plan; or

(b) if he or she has completed a minimum of five years of continuous service and ceases to be a justice of the peace for any reason other than,

(i) removal from office under clause 8 (2) (b) of the Act, or

(ii) abandonment of position. O. Reg. 400/01, s. 7.

(2) The amount of severance pay to which the justice of the peace is entitled under subsection (1) is the amount equal to,

(a) one week of salary for each year of continuous service as a full-time justice of the peace from and after that date; and

(b) that portion of a week’s salary that is equal to the portion his or her regularly scheduled hours of work bear to full-time work, for each year of continuous service as an eligible part-time justice of the peace. O. Reg. 400/01, s. 7.

(3) For the purpose of clause (2) (b),

“week’s salary” means the salary the justice of the peace would receive if the justice of the peace were a full-time justice of the peace. O. Reg. 400/01, s. 7.

(4) Despite the definition of “continuous service” in section 1.1, for the purpose of this section, his or her period of continuous service under the Legislative Assembly Act immediately prior to his or her appointment as a justice of the peace under the Act or as a public servant under the Public Service Act shall be taken into account in computing the minimum period of continuous service mentioned in clause (1) (b) and in computing the severance pay mentioned in subsection (1), but the severance pay to which the justice of the peace is entitled under that subsection shall be reduced by an amount equal to the amount, if any, of the severance pay received by the justice of the peace in respect of the termination of his or her service under the Legislative Assembly Act for any period of such service that is also taken into account in computing his or her severance pay under subsection (1). O. Reg. 400/01, s. 7.

(5) In subsection (4),

“service under the Legislative Assembly Act” includes continuous service for at least one year as an employee of the caucus of a political party or of a member of the Assembly where his or her salary is paid out of money appropriated for the use of the caucus or member under the Legislative Assembly Act. O. Reg. 400/01, s. 7.

35. Despite section 34, where in the opinion of the Chief Justice special circumstances exist, a payment may be made by way of termination allowance, with the approval of the Lieutenant Governor in Council, to a justice of the peace when he or she ceases to be a justice of the peace. O. Reg. 400/01, s. 7.

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

(a) at the date when he or she ceases to be a justice of the peace; or

(b) in the case of a justice of the peace receiving benefits under the Long Term Income Protection Plan, at the date when the justice of the peace received his or her last salary prior to receiving benefits under the Plan. O. Reg. 400/01, s. 7.

(2) The calculation of severance pay of a justice of the peace is based on the salary of the justice of the peace,

(a) at the date when he or she ceases to be a justice of the peace; or

(b) in the case of a justice of the peace receiving benefits under the Long Term Income Protection Plan, at the date when the justice of the peace received his or her last salary prior to receiving benefits under the Plan. O. Reg. 400/01, s. 7.

(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 15 days is disregarded; and

(b) any part of a month that is 15 or more days shall be deemed to be a month. O. Reg. 400/01, s. 7.

(4) For the purposes of this section, the salary of a part-time justice of the peace shall be determined as if he or she were a full-time justice of the peace. O. Reg. 400/01, s. 7.

37. (1) A justice of the peace is entitled to receive only one termination payment for a given period of continuous service. O. Reg. 400/01, s. 7.

(2) A justice of the peace whose total period of service is interrupted by a hiatus in service may, at his or her option, repay to the Minister of Finance any termination payment received as a result of that absence, and thereby restore termination pay entitlements for the period of continuous service for which the payment had been made. O. Reg. 400/01, s. 7.

(3) A justice of the peace who intends to cease to be a justice of the peace and who would, upon doing so, be entitled to a termination payment under section 33, 34, 35 or 36 may elect, in lieu of the payment provided for in those sections, to take a leave of absence with pay of not more than the lesser of,

(a) the length of time determined under those sections for computing the termination payment to which the justice of the peace would be entitled; and

(b) the length of time between the commencement of the leave of absence with pay and the end of the month in which the justice of the peace will attain 70 years of age. O. Reg. 400/01, s. 7.

(4) The period of service of a justice of the peace who has elected under subsection (3) to take a leave of absence with pay continues until the end of the leave of absence. O. Reg. 400/01, s. 7.

(5) Subject to subsection (6), his or her entitlement to a termination payment under section 31, 32, 33 or 34 shall be reduced to reflect the time taken by the justice of the peace under subsection (3) as a leave of absence with pay. O. Reg. 400/01, s. 7.

(6) If a justice of the peace has been given a leave of absence with pay under section 21,

(a) because he or she intends to cease to be a justice of the peace and has elected to take a leave of absence with pay under subsection (3); and

(b) for a period of time equal to the leave of absence with pay taken by the justice of the peace under subsection (3),

his or her entitlement to a termination payment under section 31, 32, 33 or 34 is reduced to reflect one-half of the time taken by the justice of the peace under subsection (3) as a leave of absence with pay; and, one-half of each day of the total number of days of leave granted under section 21 and of leave taken under subsection (3) is allocated to each of the leaves of absence. O. Reg. 400/01, s. 7.

(7) Subsections (3) to (6) apply despite section 31, 32, 33 or 34. O. Reg. 400/01, s. 7.

Death Payment

38. (1) When a full-time justice of the peace who has served for more than six months dies, there shall be paid to his or her personal representative or if there is no personal representative to such person as the Chief Justice determines, the sum of one-twelfth of his or her annual salary. O. Reg. 400/01, s. 7.

(2) Any severance pay to which a full-time justice of the peace is entitled under this Regulation is reduced by an amount equal to any entitlement under subsection (1). O. Reg. 400/01, s. 7.

Benefits for Retired Justices of the Peace

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

1. A Basic Life Insurance Plan.

2. A Supplementary Health and Hospital Insurance Plan.

3. A Dental Insurance Plan. O. Reg. 201/05, s. 2.

(2) Except as provided in sections 41, 42 and 43, the benefits provided under the insurance plans referred to in subsection (1) shall be those set out in the agreements made with the insurance underwriters. O. Reg. 201/05, s. 2.

40. (1) In this section and section 43,

“dependent child” means, in respect of an eligible person,

(a) an unmarried child who has not attained the age of 21 years,

(b) an unmarried child who has not attained the age of 26 years and who is in full-time attendance at an educational institution or on vacation from it, or

(c) a child who is 21 or more years of age and is mentally or physically infirm and dependent on the eligible person. O. Reg. 201/05, s. 2.

(2) In this section and sections 42 and 43,

“eligible dependant” means, in respect of an eligible person,

(a) the spouse of the eligible person, if the spouse would have been entitled to receive a benefit if the eligible person had continued holding the office in respect of which the pension is paid to the eligible person,

(b) a dependent child of the eligible person, if the dependent child would have been entitled to receive a benefit if the eligible person had continued holding the office in respect of which the pension is paid to the eligible person,

(c) the surviving spouse of the eligible person, if the eligible person is deceased and the surviving spouse is entitled to receive a pension as a result of the death of the eligible person, or

(d) a child of the eligible person, if the eligible person is deceased and the child is entitled to receive a pension as a result of the death of the eligible person. O. Reg. 201/05, s. 2.

(3) In this section and sections 41 and 42,

“eligible person” means a person who is receiving a pension and whose last contribution to the fund from which the pension is paid, or the last contribution made on his or her behalf to that fund, was made while the person was holding the office of justice of the peace and,

(a) the person has a credit of at least 10 years in the pension plan under which the pension is paid,

(b) the person contributed or had contributions made on his or her behalf to the fund from which the pension is paid in respect of continuous service of at least 10 years and has credit in the pension plan under which the pension is paid for some part of each of those 10 years,

(c) the pension is a deferred pension that the person elected to receive on terminating membership in the pension plan in 1988 or 1989, or

(d) the pension is paid in respect of the person having held the office of justice of the peace or in respect of having held the office of justice of the peace and having been an employee and the person,

(i) first held the office or was first employed in the period commencing January 1, 1987 and ending November 3, 1989 (excluding any period for which credit was purchased for past service), and

(ii) had attained 55 years of age when he or she first held the office or was first employed. O. Reg. 201/05, s. 2.

(4) In sections 42 and 43,

“eligible recipient” means an eligible person or an eligible dependant of an eligible person. O. Reg. 201/05, s. 2.

(5) In this section,

“pension” means a pension paid from the Public Service Pension Fund or from a pension fund established by statute to continue that Fund;

“pension plan” means the plan governing a fund referred to in the definition of “pension”. O. Reg. 201/05, s. 2.

41. The Basic Life Insurance Plan shall provide life insurance of $2,000 on the life of each eligible person during his or her lifetime. O. Reg. 201/05, s. 2.

42. (1) The Supplementary Health and Hospital Insurance Plan shall provide,

(a) the benefits described in subsection (4); and

(b) vision care and hearing aid benefits in accordance with subsection (7). O. Reg. 201/05, s. 2.

(2) The Crown shall pay,

(a) 100 per cent of the monthly premium for the coverages described in subsection (4);

(b) 80 per cent of the monthly premiums for vision care coverage; and

(c) 60 per cent of the monthly premiums for hearing aid coverage. O. Reg. 201/05, s. 2.

(3) Every person receiving a pension shall pay the balance of the monthly premiums for the vision care and hearing aid coverages referred to in clauses (2) (b) and (c), by deduction from pension payments. O. Reg. 201/05, s. 2.

(4) The Supplementary Health and Hospital Insurance Plan shall provide the following benefits by reimbursing an eligible recipient for the following in respect of goods and services provided to him or her:

1. 90 per cent of the cost of prescribed drugs and medicines that require the written prescription of a legally qualified medical practitioner.

2. 90 per cent of the cost of a generic equivalent of a drug or medicine described in paragraph 1, if a generic equivalent exists.

3. Subject to paragraph 4, 100 per cent of the cost of semi-private or private hospital accommodation of eligible recipients to a maximum of $120 each day over and above the cost of standard ward care.

4. Charges for semi-private or private accommodation in a licensed chronic care or convalescent hospital of eligible recipients who are at least 65 years of age, up to $25 each day for a maximum of 120 days each calendar year.

5. Charges imposed by a licensed hospital for out-patient treatment not paid for under a provincial health plan.

6. Charges for private-duty nursing in the home by a registered nurse or a registered nursing assistant who is not normally resident in the eligible recipient’s home and who is not related to the eligible person or any of his or her eligible dependants, if the nursing service is approved by a licensed physician or surgeon and is certified by the physician or surgeon to be necessary to the health care of the eligible recipient.

7. Charges in excess of amounts, if any, reimbursed by a provincial health plan for the services of a chiropractor, osteopath, naturopath, podiatrist, physiotherapist and masseur, if licensed and practising within the scope of their license, to a maximum of $25 for each visit and with an annual maximum of $1,200 per type of practitioner.

8. Charges for the services of a speech therapist, up to a maximum of $25 for each half-hour of service, to an annual maximum of $1,400.

9. Charges for the services of a psychologist, including a person holding a Master of Social Work degree, to a maximum of $25 for each half-hour and with an annual maximum of $1,400.

10. Charges for artificial limbs and eyes, crutches, splints, casts, trusses and braces.

11. 75 per cent of the cost of custom-made orthopaedic shoes or specially modified orthopaedic shoes that were factory custom-made off-the-shelf, to a maximum of $500, with a limit of one pair per calendar year, if the shoes are medically necessary and are prescribed by a licensed physician.

12. Charges for the cost of medically prescribed orthotics, to a maximum of $500, with a limit of one pair per calendar year.

13. Rental charges for wheel chairs, hospital beds and iron lungs required for temporary therapeutic use.

14. The cost of a wheel chair recommended by the attending physician, if the rental charge would exceed the purchase cost.

15. 50 per cent of the cost of repairs, including batteries and modifications, to a purchased wheel chair, to a maximum of $500 for any one repair, battery or modification.

16. Charges for ambulance services to and from a local hospital that is qualified to provide treatment, excluding benefits allowed under a provincial health plan.

17. Charges for oxygen and its administration.

18. Charges for blood transfusions outside a hospital.

19. The cost of dental services and supplies provided by a dental surgeon within a period of 24 months following an accident for the treatment of accidental injury to natural teeth, including replacing teeth injured in the accident and setting a jaw that is fractured or dislocated in the accident, but excluding any benefits payable under a provincial health plan.

20. The cost of hearing aids and eye glasses required as a result of accidental injury.

21. The amount by which the lesser of the amount charged for services provided in Canada but outside Ontario by physicians, surgeons and specialists licensed to practise medicine in their particular jurisdictions and the amount provided for the same services in the current Ontario Medical Association Fee Schedule exceeds the amount in the O.H.I.P fee schedule for the same services.

22. Charges for surgery performed by a podiatrist in his or her office, to a maximum of $100. O. Reg. 201/05, s. 2.

(5) Despite paragraph 1 of subsection (4), if an equivalent generic product exists and a brand name product is dispensed, the benefit payable under the Plan shall be limited to 90 per cent of the cost of the equivalent generic product. O. Reg. 201/05, s. 2.

(6) Effective June 1, 2004, the reimbursement in respect of prescription drugs shall be reduced by a deductible amount of $3 for each prescription in respect of which a benefit is paid. O. Reg. 201/05, s. 2.

(7) Benefits payable under the Supplementary Health and Hospital Insurance for vision care and hearing aids shall,

(a) be reduced by a $10 deductible amount for single coverage and a $20 deductible amount for family coverage, for each calendar year;

(b) reimburse the eligible recipient for vision care up to a maximum of $300 per person every 24 months; and

(c) reimburse the eligible recipient for the cost of hearing aids up to a maximum of $1,200 per person every 48 months. O. Reg. 201/05, s. 2.

(8) If a benefit is payable under paragraph 20 of subsection (4), no benefit referred to in clause (7) (b) or (c) is payable in respect of the same expense. O. Reg. 201/05, s. 2.

(9) It is not necessary for an eligible recipient to be confined to a hospital to be eligible for benefits under the Supplementary Health and Hospital Insurance Plan. O. Reg. 201/05, s. 2.

(10) The Crown shall make available to eligible recipients,

(a) an information booklet relating to the Supplementary Health and Hospital Insurance Plan; and

(b) periodic updates when necessary, within a reasonable period of time after changes are made. O. Reg. 201/05, s. 2.

43. (1) The Dental Insurance Plan shall provide the following coverages for eligible recipients:

(a) examinations, consultations, specific diagnostic procedures and X-rays;

(b) fillings, extractions and anaesthesia services;

(c) preventive services such as scaling, polishing and fluoride treatments;

(d) periodontal services, endodontic services, surgical services;

(e) prosthodontic services necessary for relining, rebasing or repairing of an existing fixed bridgework, removable partial or complete dentures;

(f) services relating to dentures;

(g) services relating to orthodontics for unmarried eligible dependants who have attained the age of six years but are under 19 years of age;

(h) services for major dental restoration. O. Reg. 201/05, s. 2.

(2) The dental care insurance plan shall include a $100 single or family deductible amount for each calendar year. O. Reg. 201/05, s. 2.

(3) Dental recall coverage is six months for dependent children 12 years of age and under and nine months for all other eligible recipients. O. Reg. 201/05, s. 2.

(4) Dental coverage shall not include fluoride treatment for adults. O. Reg. 201/05, s. 2.

(5) Payments under the dental care insurance plan shall be in accordance with the current Ontario Dental Association Schedule of Fees. O. Reg. 201/05, s. 2.

(6) Despite subsection (5), effective January 1, 2004, reimbursements will be based on a dental fee guide lag of one year. O. Reg. 201/05, s. 2.

(7) The Crown shall pay the full premiums of the dental care insurance plan and the coverages, payments and reimbursements under the plan shall be paid by the plan as follows:

1. For services described in clause (1) (a), (b), (c), (d) or (e), coverage is on the basis of 85 per cent to 15 per cent co-insurance, and the eligible recipient shall pay the cost of the dental care directly and be reimbursed 85 per cent of the costs.

2. For services described in clause (1) (f), coverage is on the basis of 50 per cent to 50 per cent co-insurance, and the eligible recipient shall pay the cost of the services directly and be reimbursed 50 per cent of the costs, to a lifetime maximum benefit of $3,000 for each eligible recipient.

3. For services described in clause (1) (g), coverage is on the basis of 50 per cent to 50 per cent co-insurance, and the eligible recipient shall pay the cost of the services directly and be reimbursed 50 per cent of the costs, to a lifetime maximum benefit of $3,000 per unmarried eligible dependant who has attained the age of six years but is under 19 years of age.

4. For services described in clause (1) (h), coverage is on the basis of 50 per cent to 50 per cent co-insurance and the eligible recipient shall pay the cost of the services directly and be reimbursed 50 per cent of the costs, to a maximum benefit of $1,200 each year for each eligible recipient. O. Reg. 201/05, s. 2.