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O. Reg. 56/16: SALARIES AND BENEFITS OF JUSTICES OF THE PEACE

filed March 11, 2016 under Justices of the Peace Act, R.S.O. 1990, c. J.4

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ontario regulation 56/16

made under the

Justices of the Peace Act

Made: January 27, 2016
Filed: March 11, 2016
Published on e-Laws: March 14, 2016
Printed in The Ontario Gazette: March 26, 2016

Amending O. Reg. 247/94

(SALARIES AND BENEFITS OF JUSTICES OF THE PEACE)

1. Subsection 1.1 (1) of Ontario Regulation 247/94 is amended by adding the following definition:

“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,

(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, and

(c) laser eye correction surgery.

2. Paragraph 6 of section 1.2 of the Regulation is revoked and the following substituted:

6. Sections 23 to 30.1 (group insurance plans and health care spending account).

3. Subsection 7 (2) of the Regulation is revoked and the following substituted:

(2) A set of judicial attire shall be issued to each justice of the peace to whom subsection (1) applies,

(a) on the later of six years after he or she was last entitled to be issued a set of judicial attire under this section and April 1, 2016; and

(b) every six years thereafter, while he or she continues to hold office.

4. Paragraph 5 of subsection 9 (2) of the Regulation is revoked and the following substituted:

5. For expenses incurred from April 1, 2010 to March 31, 2011, $950.

6. For expenses incurred in the 12-month period beginning on April 1 in each year from 2011 onward, $1,250.

5. (1) Clause 13 (1) (b) of the Regulation is revoked and the following substituted:

(b) with 75 per cent of regular salary for,

(i) an additional 124 working days, if the absence due to sickness or injury began before April 1, 2016, or

(ii) an additional 79 working days, if the absence due to sickness or injury began on or after April 1, 2016.

(2) Clause 13 (2) (b) of the Regulation is revoked and the following substituted:

(b) with 75 per cent of regular salary for,

(i) 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, if the absence due to sickness or injury began before April 1, 2016, or

(ii) that portion of an additional 79 working days equal to the portion his or her regularly scheduled hours of work bear to full-time work, if the absence due to sickness or injury began on or after April 1, 2016.

6. The heading before section 23 of the Regulation is revoked and the following substituted:

Group Insurance Plans and Health Care Spending Account

7. (1) Paragraph 5 of subsection 23 (1) of the Regulation is amended by adding “that includes a Catastrophic Drug Coverage Plan” at the end.

(2) Subsection 23 (7) of the Regulation is amended by adding “except for the Catastrophic Drug Coverage Plan portion of the Supplementary Health and Hospital Insurance Plan, which must be provided on and after April 1, 2016” at the end.

8. (1) Subsection 27 (1) of the Regulation is amended by striking out “The Long Term Income Protection Plan must provide” at the beginning and substituting “The Long Term Income Protection Plan must, subject to subsection (6.1), provide”.

(2) Subsection 27 (2) of the Regulation is amended by striking out “a qualifying period of six continuous months of total disability” and substituting “the applicable qualifying period of total disability set out in subsection (2.1)”.

(3) Section 27 of the Regulation is amended by adding the following subsection:

(2.1) For the purposes of subsection (2), the applicable qualifying period of total disability is,

(a) in the case of a justice of the peace who incurs a disability before April 1, 2016, six continuous months; and

(b) in the case of a justice of the peace who incurs a disability on or after April 1, 2016, 17 continuous weeks.

(4) Clause (a) of the definition of “A” in subsection 27 (3) of the Regulation is revoked and the following substituted:

(a) for the first payment year in which the benefit is paid, the following amount:

(i) in the case of a justice of the peace who incurs a disability before April 1, 2016, 66 ⅔ per cent of the justice of the peace’s regular salary immediately before the beginning of the qualifying period,

(ii) in the case of a justice of the peace who incurs a disability on or after April 1, 2016, 70 per cent of the justice of the peace’s regular salary on the day he or she becomes entitled to receive the benefit, and

(5) Subsection 27 (6) of the Regulation is revoked and the following substituted:

(6) The Crown shall pay the premium costs for every justice of the peace who participates in the Long Term Income Protection Plan.

(6) Section 27 of the Regulation is amended by adding the following subsection:

(6.1) The Long Term Income Protection Plan shall require, as a condition of receiving benefits under the Plan, participation by every justice of the peace who incurs a disability on or after April 1, 2016 in any rehabilitation services specified by the insurance underwriter, and a failure to participate in such rehabilitation services is a breach of the condition.

9. (1) Subsection 29 (1) of the Regulation is revoked and the following substituted:

29. (1) The Supplementary Health and Hospital Insurance Plan shall, subject to the restrictions set out in this section, provide to every justice of the peace who joins the Plan reimbursement for,

(a) 90 per cent of the cost of drugs and medicine listed in the Canadian Pharmaceutical Association’s Compendium of Pharmaceuticals and Specialities and dispensed by a legally qualified medical practitioner or by a person registered as a pharmacist under the Pharmacy Act, 1991 on the written prescription of a legally qualified medical practitioner;

(b) 90 per cent of the cost of medically necessary vaccines or immunizations for which reimbursement is not provided under a provincial health plan;

(c) charges for private or semi-private room hospital care charged 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 to exceed $120 more than the charge by the hospital for standard ward room hospital care;

(d) charges for the services of a speech therapist who is licensed and practising within the scope of their licence, to a maximum of $25 for each half-hour of service and an annual maximum of $1,400;

(e) 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; and

(f) charges for diabetic pumps and supplies in accordance with the following:

(i) for the purchase of insulin infusion pumps, to a maximum of $2,000 for every five-year period, per person,

(ii) for the purchase of insulin jet injectors, to a lifetime maximum of $1,000 per person,

(iii) for the purchase or repair of a single blood glucose monitoring machine, to a maximum of $400 for every four-year period, per person,

(iv) for the purchase of supplies, other than insulin, required for the use of an item referred to in subclause (i), (ii) or (iii), to an annual maximum of $2,000 per person.

(1.0.1) Subsection (1), as it read on March 31, 2016, continues to apply in respect of costs incurred on or before that day.

(2) Subsection 29 (1.1) of the Regulation is amended by adding the following paragraph:

2.1 Reimbursement in respect of drugs, medicine, vaccines and immunizations shall be reduced by a deductible amount of $3 for each item in respect of which a benefit is paid.

(3) Section 29 of the Regulation is amended by adding the following subsection:

(1.2) The Supplementary Health and Hospital Insurance Plan shall not provide reimbursement for paramedical services provided by a chiropractor, osteopath, chiropodist, naturopath, podiatrist, massage therapist, physiotherapist or acupuncturist on or after April 1, 2016.

(4) Subsections 29 (5), (5.1) and (6) of the Regulation are revoked and the following substituted:

(5) The Supplementary Health and Hospital Insurance Plan must provide to every justice of the peace who elects to participate in the Plan’s additional coverage for vision care and hearing aids reimbursement for the costs incurred for vision care to a maximum, per person for every two-year period, of $340 and the cost of one eye examination.

(6) The Supplementary Health and Hospital Insurance Plan must provide to every justice of the peace who elects to participate in the Plan’s additional coverage for vision care and hearing aids reimbursement for the costs incurred for the purchase or repair of a hearing aid (other than the replacement of a battery), to a maximum of,

(a) $2,500 per person every five years, for a five-year period ending before April 1, 2016; and

(b) $1,200 per person every four years, for a four-year period ending on or after April 1, 2016.

(5) Subsection 29 (7) of the Regulation is amended by striking out “(5), (5.1) and (6)” in the portion before paragraph 1 and substituting “(5) and (6)”.

(6) Subsections 29 (8), (8.1) and (9) of the Regulation are revoked and the following substituted:

(8) For the additional coverage described in subsections (5) and (6), the Crown shall pay the premiums for each participating full-time justice of the peace and the applicable monthly percentage under clause (2) (b) of the premiums for each participating part-time justice of the peace.

10. The Regulation is amended by adding the following section:

29.1 (1) In addition to providing the benefits set out in section 29, the Supplementary Health and Hospital Insurance Plan must include a Catastrophic Drug Coverage Plan, which must provide to every justice of the peace who participates in the Supplementary Health and Hospital Insurance Plan reimbursement of 100 per cent of the costs of drugs, medicines, vaccines and immunizations referred to in clauses 29 (1) (a) and (b) that exceed $10,000 in a calendar year in respect of an eligible claimant.

(2) A justice of the peace participating in the Supplementary Health and Hospital Insurance Plan shall pay the premium for his or her coverage under the Catastrophic Drug Coverage Plan through payroll deduction.

(3) In subsection (1),

“eligible claimant” means a justice of the peace who participates in the Supplementary Health and Hospital Insurance Plan, his or her spouse or his or her dependent child.

11. (1) Paragraphs 1, 2, 3 and 4 of subsection 30 (1) of the Regulation are amended by striking out “in effect when the expense is incurred” wherever it appears and substituting in each case “referred to in subsection (1.1)”.

(2) Section 30 of the Regulation is amended by adding the following subsections:

(1.1) For the purposes of subsection (1), the applicable Ontario Dental Association schedule of fees is,

(a) in the case of an expense incurred before April 1, 2016, the schedule of fees in effect at the time the expense was incurred; and

(b) in the case of an expense incurred on or after April 1, 2016, the schedule of fees in effect in the calendar year prior to the year in which the expense is incurred.

(1.2) The Dental Insurance Plan shall include a $50 single or family deductible amount for each calendar year.

12. The Regulation is amended by adding the following section:

30.1 (1) The Crown shall provide to every justice of the peace who participates in both the Supplementary Health and Hospital Insurance Plan and the Dental Insurance Plan a Health Care Spending Account to which the Crown shall credit an amount of $750 for each calendar year.

(2) Amounts provided to a justice of the peace under subsection (1) may be used for reimbursement of any of the following costs, subject to subsection (4):

1. For the costs of goods and services for which the Supplementary Health and Hospital Insurance Plan or the Dental Insurance Plan provides partial coverage, the portion of the costs that is not covered under that Plan.

2. Costs for medical expenses incurred in respect of the justice of the peace or his or her dependants for goods and services for which neither the Supplementary Health and Hospital Insurance Plan nor the Dental Insurance Plan provides any coverage.

(3) For the purposes of paragraph 2 of subsection (2),

“dependant” means,

(a) a spouse,

(b) a child, as defined in subsection 26 (2), or

(c) a dependant within the meaning of subsection 118 (6) of the Income Tax Act (Canada), other than a spouse or a child;

“medical expenses” means medical expenses in respect of which a deduction may be claimed under section 118.2 of the Income Tax Act (Canada).

(4) In order to be eligible for reimbursement out of a Health Care Spending Account, a claim must be submitted no later than March 31 in the year following the calendar year in which the costs to which the claim relates was incurred.

(5) Any unused portion of an amount provided under subsection (1) for a given calendar year may be carried forward to the following calendar year, but any unused portion of that amount remaining on December 31 of that following year is forfeited at the end of that day.

13. (1) Subsection 40 (3) of the Regulation is amended by striking out “sections 41 and 42” in the portion before the definition of “eligible person” and substituting “sections 41, 42 and 43”.

(2) Clause (a) of the definition of “eligible person” in subsection 40 (3) of the Regulation is amended by adding “subject to subsection (3.1)” at the beginning.

(3) Clause (b) of the definition of “eligible person” in subsection 40 (3) of the Regulation is amended by adding “subject to subsection (3.1)” at the beginning.

(4) Section 40 of the Regulation is amended by adding the following subsection:

(3.1) Clauses (a) and (b) of the definition of “eligible person” in subsection (3) apply only if the person began receiving an unreduced pension upon retiring as a justice of the peace, unless he or she met the conditions set out in clause (a) or (b), as the case may be, before January 1, 2017.

(5) Subsection 40 (5) of the Regulation is amended by striking out the portion before the definition of “pension” and substituting the following:

(5) In this section and sections 41, 42 and 43,

. . . . .

14. Section 41 of the Regulation is amended by adding the following subsections:

(2) In the case of an eligible person who began receiving a pension before January 1, 2017, the Crown shall pay the monthly premiums for the Basic Life Insurance Plan.

(3) In the case of an eligible person who began receiving a pension on or after January 1, 2017, the Crown shall pay 50 per cent of the monthly premiums for the Basic Life Insurance Plan, and the eligible person shall pay the balance by deduction from the pension payments.

15. (1) Subsections 42 (2) and (3) of the Regulation are revoked and the following substituted:

(2) In the case of an eligible person who began receiving a pension before January 1, 2017, the Crown shall pay the monthly premiums for the benefits referred to in subsection (1).

(3) In the case of an eligible person who began receiving a pension on or after January 1, 2017, the Crown shall pay 50 per cent of the monthly premiums for the benefits referred to in subsection (1), and the eligible person shall pay the balance by deduction from the pension payments.

(2) Subsection 42 (4) of the Regulation is amended by adding the following paragraph:

2.1 90 per cent of the cost of medically necessary vaccines or immunizations for which reimbursement is not provided under a provincial health plan.

(3) Paragraphs 8 and 9 of subsection 42 (4) of the Regulation are revoked and the following substituted:

8. Charges for the services of a speech therapist who is licensed and practising within the scope of their licence, to a maximum of $25 for each half-hour of service and 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.

(4) Paragraph 13 of subsection 42 (4) of the Regulation is amended by striking out “wheel chairs” and substituting “wheelchairs”.

(5) Paragraphs 14 and 15 of subsection 42 (4) of the Regulation are amended by striking out “wheel chair” wherever it appears and substituting in each case “wheelchair”.

(6) Subsection 42 (4) of the Regulation is amended by adding the following paragraph:

23. Charges for diabetic pumps and supplies in accordance with the following:

i. For the purchase of insulin infusion pumps, to a maximum of $2,000 for every five-year period, per person.

ii. For the purchase of insulin jet injectors, to a lifetime maximum of $1,000 per person.

iii. For the purchase or repair of a single blood glucose monitoring machine, to a maximum of $400 for every four-year period, per person.

iv. For the purchase of supplies, other than insulin, required for the use of an item referred to in subparagraph i, ii or iii, to an annual maximum of $2,000 per person.

(7) Subsection 42 (6) of the Regulation is revoked and the following substituted:

(6) Reimbursement in respect of drugs, medicine, vaccines and immunizations shall be reduced by a deductible amount of $3 for each item in respect of which a benefit is paid.

(8) Subsection 42 (7) of the Regulation is amended by adding “Plan” after “Insurance” in the portion before clause (a).

(9) Clause 42 (7) (b) of the Regulation is revoked and the following substituted:

(b) reimburse the eligible recipient for the cost of vision care up to a maximum, per person for every 24 months, of $340 and the cost of one eye examination; and

(10) Section 42 of the Regulation is amended by adding the following subsection:

(9.1) The Supplementary Health and Hospital Insurance Plan shall provide a drug card permitting the holder of the card to obtain point of sale reimbursement of the costs of drugs and medicines under paragraphs 1 and 2 of subsection (4) to,

(a) every eligible person; and

(b) if the eligible person enrols him or herself and all of his or her eligible dependants in the Plan, those of his or her eligible dependants that are selected under the Plan for the purpose.

16. (1) Subsection 43 (2) of the Regulation is amended by striking out “dental care insurance plan” and substituting “Dental Insurance Plan”.

(2) Subsection 43 (2) of the Regulation is amended by striking out “$100” and substituting “$50”.

(3) Subsection 43 (5) of the Regulation is amended by striking out “dental care insurance plan” and substituting “Dental Insurance Plan”.

(4) Section 43 of the Regulation is amended by adding the following subsection:

(6.1) The premiums of the Dental Insurance Plan shall be paid in accordance with the following:

1. In the case of an eligible person who began receiving a pension before January 1, 2017, the Crown shall pay the premiums.

2. In the case of an eligible person who began receiving a pension on or after January 1, 2017, the Crown shall pay 50 per cent of the premiums, and the eligible person shall pay the balance by deduction from the pension payments.

(5) Subsection 43 (7) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(7) The coverages, payments and reimbursements under the Dental Insurance Plan shall be paid as follows:

. . . . .

(6) Paragraph 4 of subsection 43 (7) of the Regulation is amended by striking out “$1,200” and substituting “$2,000”.

Commencement

17. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Sections 1 to 12 come into force on April 1, 2016.

(3) Sections 13 and 14, subsections 15 (1), (2), (3), (6), (7), (9) and (10), and subsections 16 (2), (4), (5) and (6) come into force on January 1, 2017.