O. Reg. 11/19: SALARIES AND BENEFITS OF JUSTICES OF THE PEACE
filed February 15, 2019 under Justices of the Peace Act, R.S.O. 1990, c. J.4
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made under the
Justices of the Peace Act
Made: January 31, 2019
Filed: February 15, 2019
Published on e-Laws: February 15, 2019
Printed in The Ontario Gazette: March 2, 2019
Amending O. Reg. 247/94
(SALARIES AND BENEFITS OF JUSTICES OF THE PEACE)
1. (1) Clause (b) of the definition of “accumulated attendance credits” in subsection 1.1 (1) of Ontario Regulation 247/94 is amended by adding “or public servants” after “civil servants”.
(2) The definition of “continuous service” in subsection 1.1 (1) of the Regulation is amended by,
(a) adding “or public servant” after “civil servant” in the portion after clause (c); and
(b) striking out “section 28.6 of the Public Service Act or in a predecessor to that section” at the end and substituting “sections 83 and 91 of the Public Service of Ontario Act, 2006 or in a predecessor provision”.
(3) The definition of “vision care” in subsection 1.1 (1) of the Regulation is revoked and the following substituted:
“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. (“soins de la vue”)
(4) The definition of “vision care” in subsection 1.1 (1) of the Regulation, as remade by subsection (3), is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause:
(c) laser eye correction surgery.
2. (1) Paragraph 6 of section 1.2 of the Regulation is revoked and the following substituted:
6. Sections 23 to 30 (group insurance plans).
(2) Paragraph 6 of section 1.2 of the Regulation, as remade by subsection (1), is revoked and the following substituted:
6. Sections 23 to 30.1 (group insurance plans and health care spending account).
3. Section 2 of the Regulation is revoked and the following substituted:
2. (1) A full-time justice of the peace shall be paid the annual salary set out in this section for the position held by the justice of the peace.
(2) For the purposes of paragraphs 4 to 8 of subsection (3), the annual salary of a full-time provincial judge for a specified period is the annual salary for that period of a full-time provincial judge, other than a provincial judge appointed as a regional senior judge, Senior Advisory Family Judge, Associate Chief Justice or Chief Justice, as set out in the recommendations of the 9th and 10th Provincial Judges’ Remuneration Commissions and brought into effect under section 27 of the Schedule to the Courts of Justice Act, including any subsequent salary increases that may apply in respect of that period as a result of those recommendations.
(3) A full-time presiding justice of the peace shall be paid the following annual salary for the specified period:
1. April 1, 2015 to March 31, 2016, $128,426.
2. April 1, 2016 to March 31, 2017, $131,123.
3. April 1, 2017 to March 31, 2018, $132,828.
4. April 1, 2018 to March 31, 2019, 46.5 per cent of the salary of a full-time provincial judge for the period of April 1, 2017 to March 31, 2018.
5. April 1, 2019 to March 31, 2020, 47 per cent of the salary of a full-time provincial judge for the period of April 1, 2018 to March 31, 2019.
6. April 1, 2020 to March 31, 2021, 48 per cent of the salary of a full-time provincial judge for the period of April 1, 2019 to March 31, 2020.
7. April 1, 2021 to March 31, 2022, 49 per cent of the salary of a full-time provincial judge for the period of April 1, 2020 to March 31, 2021.
8. April 1, 2022 to March 31, 2023, 50 per cent of the salary of a full-time provincial judge for the period of April 1, 2021 to March 31, 2022.
(4) A full-time non-presiding justice of the peace shall be paid the following annual salary for the specified period:
1. April 1, 2015 to March 31, 2016, $93,435.
2. April 1, 2016 to March 31, 2017, $95,397.
3. April 1, 2017 to March 31, 2018, $96,637.
4. For each period of April 1 to March 31 between April 1, 2018 and March 31, 2023, the amount that is the same percentage of the annual salary of a full-time presiding justice of the peace specified in subsection (3) for the period of April 1 to March 31 as the amount set out in paragraph 3 of this subsection is of the annual salary of a full-time presiding justice of the peace specified in paragraph 3 of subsection (3).
(5) A regional senior justice of the peace for a region shall be paid an annual salary for a period specified in subsection (3) that is the annual salary of a full-time presiding justice of the peace specified in that subsection for that period, plus $5,110.
(6) A senior advisory justice of the peace shall be paid an annual salary for a period specified in subsection (3) that is the annual salary of a full-time presiding justice of the peace specified in that subsection for that period, plus $10,200.
(7) The Senior justice of the peace or Senior justice of the peace/administrator of the Native justice of the peace program shall be paid an annual salary for a period specified in subsection (3) that is the annual salary of a full-time presiding justice of the peace specified in that subsection for that period, plus $5,110.
4. (1) Subsection 3 (1) of the Regulation is amended by striking out “the full-time salary for the position as set out in the Table to subsection 2 (1)” and substituting “the applicable full-time annual salary specified in subsection 2 (3)”.
(2) Subsection 3 (2) of the Regulation is amended by striking out “the full-time salary for the position as set out in the Table to subsection 2 (1)” and substituting “the applicable full-time annual salary specified in subsection 2 (4)”.
(3) Subsection 3 (3) of the Regulation is revoked and the following substituted:
(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 $3,729.
5. Section 4 of the Regulation is revoked.
6. (1) Subsection 5 (2) of the Regulation is amended by striking out “the full-time salary for a presiding justice of the peace as set out in the Table to subsection 2 (1)” and substituting “the applicable full-time annual salary specified in subsection 2 (3)”.
(2) Subsection 5 (3) of the Regulation is amended by striking out “the full-time salary for a non-presiding justice of the peace as set out in the Table to subsection 2 (1)” and substituting “the applicable full-time annual salary specified in subsection 2 (4)”.
7. Section 6 of the Regulation is revoked.
8. Subsections 7 (3) and (4) of the Regulation are revoked and the following substituted:
(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, six tabs and an intake court jacket.
(4) Despite subsection (3), in the case of judicial attire issued on or after April 1, 2018, a set of judicial attire issued to a justice of the peace may consist of such other combination of some or all of the items listed in that subsection that are selected by the justice of the peace, provided that the total cost of the items would not, at the time of issuance, exceed the total cost of the items as listed in that subsection.
9. (1) Subsection 9 (2) of the Regulation is revoked and the following substituted:
(2) A justice of the peace is not entitled to be reimbursed under subsection (1) for more than $1,250 for expenses incurred in the 12-month period beginning on April 1 in each year.
(2) Subsections 9 (4) to (6) of the Regulation are revoked.
10. Clause (e) of the definition of “continuous service” in subsection 11 (16) of the Regulation is amended by striking out “Public Service Act” and substituting “Public Service of Ontario Act, 2006 or a predecessor of that Act”.
11. Section 12 of the Regulation is revoked.
12. (1) Clause 13 (1) (b) of the Regulation is revoked and the following substituted:
(b) with 75 per cent of regular salary for an additional 124 working days.
(2) Clause 13 (2) (b) of the Regulation is revoked and the following substituted:
(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.
13. Subsection 18 (9) of the Regulation is revoked.
14. Clauses 19 (2) (a) and (b) of the Regulation are amended by striking out “if it occurs on or after January 1, 2001” wherever it appears.
15. (1) The heading before section 23 of the Regulation is amended by striking out “and health care spending account” at the end.
(2) The heading before section 23 of the Regulation, as amended by subsection (1), is amended by adding “and health care spending account” at the end.
16. (1) Paragraph 5 of subsection 23 (1) of the Regulation is revoked and the following substituted:
5. A Supplementary Health and Hospital Insurance Plan.
(2) Paragraph 5 of subsection 23 (1) of the Regulation, as remade by subsection (1), is amended by adding “that includes a Catastrophic Drug Coverage Plan and an optional upgrade package consisting of Emergency Out-of-Country Medical Coverage and Global Medical Assistance” at the end.
(3) Subsection 23 (7) of the Regulation is revoked and the following substituted:
(7) The group insurance coverages referred to in subsection (1) must be provided to justices of the peace on and after January 1, 2001.
(4) Subsection 23 (7) of the Regulation, as remade by subsection (3), is amended by adding “except for the Catastrophic Drug Coverage Plan and optional upgrade package consisting of Emergency Out-of-Country Medical Coverage and Global Medical Assistance portions of the Supplementary Health and Hospital Insurance Plan, which must be provided on and after April 1, 2020” at the end.
17. (1) Subsection 27 (2) of the Regulation is amended by striking out “the applicable qualifying period of total disability set out in subsection (2.1)” in the portion before clause (a) and substituting “a qualifying period of six continuous months of total disability”.
(2) Subsection 27 (2.1) of the Regulation is revoked.
(3) Clause (a) of the definition of “A” in subsection 27 (3) of the Regulation is amended by striking out “2016” wherever it appears and substituting in each case “2020”.
(4) Subsection 27 (6) of the Regulation is revoked and the following substituted:
(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.
(5) Subsection 27 (6) of the Regulation, as remade by subsection (4), 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) Subsection 27 (6.1) of the Regulation is amended by striking out “2016” and substituting “2020”.
18. (1) Subsection 29 (1) of the Regulation is revoked and the following substituted:
(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 Pharmacists 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) 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 $130 more than the charge by the hospital for standard ward room hospital care;
(c) charges for the services of a speech therapist who is licensed and practising within the scope of their licence, to a maximum of $35 for each half-hour of service and an annual maximum of $1,200 per person;
(d) charges for the services of a psychologist, including a person holding a Master of Social Work degree, to a maximum of $40 for each half-hour and with an annual maximum of $1,400 per person;
(e) 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; and
(f) charges in excess of amounts, if any, reimbursed by a provincial health plan for services provided by a chiropractor, osteopath, chiropodist, naturopath, podiatrist, massage therapist, physiotherapist or acupuncturist, if licensed and practising within the scope of their licence, to a maximum of $35 per visit and with an annual maximum of $1,200 in respect of each type of practitioner, per person.
(2) Subsection 29 (1) of the Regulation, as remade by subsection (1), is amended by adding the following clause:
(a.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) Clause 29 (1) (b) of the Regulation, as remade by subsection (1), is amended by striking out “$130” and substituting “$120”.
(4) Clause 29 (1) (c) of the Regulation, as remade by subsection (1), is amended by,
(a) striking out “$35” and substituting “$25”; and
(b) striking out “$1,200” and substituting “$1,400”.
(5) Clause 29 (1) (e) of the Regulation, as remade by subsection (1), is amended by striking out “and” at the end of subclause (iii) and by adding the following subclause:
(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;
(6) Clause 29 (1) (f) of the Regulation, as remade by subsection (1), is revoked and the following substituted:
(f) charges in excess of amounts, if any, reimbursed by a provincial health plan for services provided by a chiropractor, osteopath, chiropodist, naturopath, podiatrist, massage therapist, physiotherapist or acupuncturist, if licensed and practising within the scope of their licence, to an annual maximum of $750 per person in respect of all such services combined; and
(g) the cost of one eye examination, for every two-year period, per person.
(7) Subsection 29 (1.0.1) of the Regulation is revoked.
(8) Section 29 of the Regulation is amended by adding the following subsection:
(1.0.1) Subsection (1), as it read on March 31, 2020, continues to apply in respect of costs incurred on or before that day.
(9) Paragraph 2.1 of subsection 29 (1.1) of the Regulation is revoked.
(10) 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.
(11) Paragraphs 4 and 5 of subsection 29 (1.1) of the Regulation are revoked and the following substituted:
4. The justice of the peace may only be reimbursed for either one pair of custom-made orthotics that are prescribed by a licensed physician, podiatrist or chiropractor or the repair of an existing pair per person in a calendar year, up to an annual maximum per person of $500.
5. The justice of the peace may only be reimbursed for 75 per cent of either one pair of custom-made or specially modified orthopaedic shoes that are medically necessary and prescribed by a licensed physician, or of the repair of an existing pair, per person in a calendar year, up to an annual maximum per person of $500.
(12) Paragraphs 4 and 5 of subsection 29 (1.1) of the Regulation, as remade by subsection (11), are revoked and the following substituted:
4. The justice of the peace may only be reimbursed for one pair of custom-made orthotics that are prescribed by a licensed physician, podiatrist or chiropractor per person in a calendar year, up to an annual maximum per person of $500.
5. The justice of the peace may only be reimbursed for 75 per cent of one pair of custom-made or specially modified orthopaedic shoes that are medically necessary and prescribed by a licensed physician per person in a calendar year, up to an annual maximum per person of $500.
6. The justice of the peace is not entitled to be reimbursed for the repair of orthotics or of orthopaedic shoes.
(13) Subsection 29 (1.2) of the Regulation is revoked.
(14) Subsection 29 (5) of the Regulation is amended by striking out “and the cost of one eye examination” at the end.
(15) Subsection 29 (6) of the Regulation is revoked and the following substituted:
(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 following costs incurred in relation to hearing aids:
1. For the purchase or repair of a hearing aid including the replacement of a battery, a maximum of $2,500 per person every five years, for a five-year period ending before April 1, 2020.
2. For the purchase or repair of a hearing aid not including the replacement of a battery, $1,200 per person every four years, for a four-year period ending on or after April 1, 2020.
(16) Subsection 29 (8) of the Regulation is revoked and the following substituted:
(8) The premiums for the additional coverage set out in subsections (5) and (6) are payable by the Crown to the following extent:
1. For the additional coverage set out in subsection (5), the Crown shall pay 80 per cent of,
i. the premiums for each participating full-time justice of the peace, and
ii the applicable monthly percentage under clause (2) (b) of the premiums for each participating part-time justice of the peace.
2. For the additional coverage set out in subsection (6), the Crown shall pay 60 per cent of,
i. the premiums for each participating full-time justice of the peace, and
ii. the applicable monthly percentage under clause (2) (b) of the premiums for each participating part-time justice of the peace.
(17) Subsection 29 (8) of the Regulation, as remade by subsection (16), is 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.
19. Section 29.1 of the Regulation is revoked.
20. 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) a Catastrophic Drug Coverage Plan that meets the requirements of subsection (2); and
(b) an optional upgrade package consisting of Emergency Out-of-Country Medical Coverage and Global Medical Assistance in accordance with the conditions and restrictions set out in the applicable agreement made with the insurance underwriters.
(2) The Catastrophic Drug Coverage Plan must provide to a 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 (a.1) that exceed $10,000 in a calendar year in respect of the justice of the peace, his or her spouse or his or her dependent child.
(3) Premiums for coverage under the Catastrophic Drug Coverage Plan and the optional upgrade package shall be paid by a justice of the peace through payroll deduction.
(4) The termination by a justice of the peace of his or her enrolment in the optional upgrade package is irrevocable.
21. (1) Subsection 30 (1) of the Regulation is amended by adding the following paragraph:
5. The cost of fluoride treatment for the justice of the peace, the justice of the peace’s spouse and the dependent children of the justice of the peace.
(2) Paragraph 5 of subsection 30 (1) of the Regulation, as made by subsection (1), is revoked and the following substituted:
5. The cost of fluoride treatment for the dependent children of the justice of the peace.
(3) Clauses 30 (1.1) (a) and (b) of the Regulation are amended by striking out “2016” wherever it appears and substituting in each case “2020”.
(4) Subsection 30 (1.2) of the Regulation is revoked.
(5) Section 30 of the Regulation is amended by adding the following subsection:
(1.2) The Dental Insurance Plan shall include a $50 single or family deductible amount for each calendar year.
22. Section 30.1 of the Regulation is revoked.
23. 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 a total 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 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; (“personne à charge”)
“medical expenses” means medical expenses in respect of which a deduction may be claimed under section 118.2 of the Income Tax Act (Canada). (“frais médicaux”)
(4) In order to be eligible for reimbursement out of a Health Care Spending Account, a claim must be submitted no later than May 31 in the year following the calendar year in which the costs to which the claim relates were 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.
24. Clause 33 (3) (a) of the Regulation is amended by striking out “clause 8 (2) (b) of the Act” and substituting “section 11.2 of the Act”.
25. (1) Subclause 34 (1) (b) (i) of the Regulation is amended by striking out “clause 8 (2) (b) of the Act” and substituting “section 11.2 of the Act”.
(2) Subsection 34 (4) of the Regulation is amended by striking out “a public servant under the Public Service Act” and substituting “a civil servant or public servant under the Public Service of Ontario Act, 2006 or a predecessor to that Act”.
26. (1) Subsection 39 (1) of the Regulation is amended by striking out “justices of the peace” in the portion before paragraph 1 and substituting “retired justices of the peace who are eligible persons under subsection 40 (3)”.
(2) Paragraph 2 of subsection 39 (1) of the Regulation is amended by adding “that includes an optional upgrade package consisting of Emergency Out-of-Country Medical Coverage, Global Medical Assistance and Catastrophic Drug Coverage” at the end.
(3) Section 39 of the Regulation is amended by adding the following subsection:
(3) The premiums for the benefits provided in accordance with subsection (2) are payable as follows:
1. Except as provided in paragraph 2, the Crown shall pay the premiums.
2. In the case of an eligible person referred to in paragraph 2 of the definition of “eligible person” in subsection 40 (3), the Crown shall pay 50 per cent of the premiums for the coverages referred to in paragraphs 2 and 3 of subsection (1), and the eligible person shall pay the balance by deduction from the pension payments.
27. Subsections 40 (3) and (3.1) of the Regulation are revoked and the following substituted:
(3) In this section and sections 41, 42 and 43,
“eligible person” means any of the following persons:
1. A person who begins to receive a pension before April 1, 2020 and whose last contribution to a fund from which the pension is paid, or the last contribution made on his or her behalf to a fund from which the pension is paid, was made while the person was holding the office of justice of the peace, if the person,
i. has at least 10 years of credit in the pension plan governing the fund referred to in clause (a) of the definition of “pension” in subsection (5), or a combined total of at least 10 years of credit in the pension plans, or
ii. contributed or had contributions made on his or her behalf to the fund or funds from which the pension is paid in respect of continuous service of at least 10 years, and has credit in the corresponding pension plan or plans for some part of each of those 10 years.
2. A person who is appointed to office as a justice of the peace before April 1, 2020, who begins to receive a pension on or after that date, and whose last contribution to a fund from which the pension is paid, or the last contribution made on his or her behalf to a fund from which the pension is paid, was made while the person was holding the office of justice of the peace, if the person,
i. meets the requirements of subparagraph 1 i or ii, and, if those requirements are met on or after April 1, 2020, begins receiving an immediate unreduced pension upon retiring as a justice of the peace, and
ii. has elected to receive benefits under section 39.
3. A person who is receiving a pension that is a deferred pension which the person elected to receive on terminating membership in the pension plan governing the fund referred to in clause (a) of the definition of “pension” in subsection (5) in 1988 or 1989.
4. A person who is receiving a pension that 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.
28. Section 41 of the Regulation is revoked and the following substituted:
41. (1) The Basic Life Insurance Plan shall, subject to subsection (2), provide life insurance of $2,000 on the life of each eligible person during his or her lifetime.
(2) The eligible person may, in writing, waive his or her entitlement to the life insurance, but any such waiver is irrevocable.
29. (1) Subsection 42 (1) of the Regulation is revoked and the following substituted:
(1) The Supplementary Health and Hospital Insurance Plan shall provide the benefits set out under this section.
(2) Subsections 42 (2) and (3) of the Regulation are revoked.
(3) Paragraph 7 of subsection 42 (4) of the Regulation is amended by striking out “masseur” and substituting “massage therapist”.
(4) Paragraph 9 of subsection 42 (4) of the Regulation is amended by striking out “$25” and substituting “$40”.
(5) Paragraph 11 of subsection 42 (4) of the Regulation is amended by striking out “custom-made orthopaedic shoes or specially modified orthopaedic shoes that were factory custom-made off-the-shelf” and substituting “custom-made or specially modified orthopaedic shoes”.
(6) Paragraph 12 of subsection 42 (4) of the Regulation is revoked and the following substituted:
12. Charges for the cost of custom-made orthotics that are prescribed by a licensed physician, podiatrist or chiropractor, to a maximum of $500, with a limit of one pair per calendar year.
(7) Paragraph 22 of subsection 42 (4) of the Regulation is amended by striking out “Charges” at the beginning and substituting “In addition to the benefits provided under paragraph 7, charges”.
(8) Section 42 of the Regulation is amended by adding the following subsections:
(9.2) The Supplementary Health and Hospital Insurance Plan must include an optional upgrade package consisting of Emergency Out-of-Country Medical Coverage, Global Medical Assistance and Catastrophic Drug Coverage in accordance with the conditions and restrictions set out in the applicable agreement made with the insurance underwriters.
(9.3) Despite subsection 39 (3), the premiums for the optional upgrade shall be paid for by the eligible person by deduction from the pension payments.
(9.4) The termination by an eligible person of his or her enrolment in the optional upgrade package is irrevocable.
30. Subsections 43 (5), (6), (6.1) and (7) of the Regulation are revoked and the following substituted:
(5) Payments under the Dental Insurance Plan in respect of a given year shall be in accordance with the Ontario Dental Association schedule of fees for the previous year.
(6) Coverage under the Dental Insurance Plan shall be 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.
2. For services described in clause (1) (f), coverage is on the basis of 50 per cent to 50 per cent co-insurance, 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, 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, to a maximum benefit of $2,000 each year for each eligible recipient.
31. The Regulation is amended by adding the following sections:
44. (1) The Crown may enter into agreements with insurance underwriters for the purpose of providing retired justices of the peace who are eligible persons under section 45 with the following group insurance coverages:
1. A Basic Life Insurance Plan.
2. A Supplementary Health and Hospital Insurance Plan that includes a Catastrophic Drug Coverage Plan and an optional upgrade package consisting of Emergency Out-of-Country Medical Coverage and Global Medical Assistance.
3. A Dental Insurance Plan.
(2) Except as provided in sections 46 to 49, 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.
(3) The premiums for the benefits provided in accordance with subsection (2) are payable as follows:
1. In the case of an eligible person referred to in paragraph 1 of the definition of “eligible person” in section 45, the Crown shall pay the premiums.
2. In the case of an eligible person referred to in paragraph 2 of the definition of “eligible person” in section 45, the eligible person shall pay the premiums by deduction from the pension payments.
45. In this section and in sections 46 to 49,
“dependent child”, “eligible dependant” and “eligible recipient” have the same meaning as in section 40 in respect of an eligible person as defined in this section; (“bénéficiaire admissible”, “enfant à charge”, “personne à charge admissible”)
“eligible person” means any of the following persons:
1. A person who is appointed to office as a justice of the peace before April 1, 2020, who begins to receive a pension on or after that date, and whose last contribution to a fund from which the pension is paid, or the last contribution made on his or her behalf to a fund from which the pension is paid, was made while the person was holding the office of justice of the peace, if the person,
i. meets the requirements of subparagraph 1 i or ii of the definition of “eligible person” in subsection 40 (3), and, if those requirements are met on or after April 1, 2020, begins receiving an immediate unreduced pension upon retiring as a justice of the peace, and
ii. has either,
A. elected to receive benefits under section 44, or
B. not made an election with respect to the receipt of benefits under section 39 or 44.
2. A person who is appointed to office as a justice of the peace on or after April 1, 2020, who is receiving a pension, and whose last contribution to a fund from which the pension is paid, or the last contribution made on his or her behalf to a fund from which the pension is paid, was made while the person was holding the office of justice of the peace, if the person meets the requirements of subparagraph 1 i or ii of the definition of “eligible person” in subsection 40 (3) and begins receiving an immediate unreduced pension upon retiring as a justice of the peace; (“personne admissible”)
“pension” has the same meaning as in section 40. (“pension”)
46. In the case of an eligible person referred to in sub-subparagraph 1 ii B of the definition of “eligible person” in section 45, the coverages to be provided under section 44 and the benefits to be provided under sections 47 to 49 shall be provided in respect of the eligible person only, and those sections apply with necessary modifications.
47. (1) The Basic Life Insurance Plan shall, subject to subsection (2), provide life insurance of $2,000 on the life of each eligible person during his or her lifetime.
(2) The eligible person may, in writing, waive his or her entitlement to the life insurance, but any such waiver is irrevocable.
48. (1) The Supplementary Health and Hospital Insurance Plan shall provide the benefits set out under this section.
(2) 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. The cost of prescribed drugs and medicines that require the written prescription of a legally qualified medical practitioner, to the following extent:
i. Before the eligible recipient reaches Ontario drug benefit eligibility age, 90 per cent of the cost, to a maximum for each calendar year of $10,000.
ii. Once the eligible recipient reaches Ontario drug benefit eligibility age, 75 per cent of the cost, to a maximum for each calendar year of $10,000.
2. The cost of a generic equivalent of a drug or medicine described in paragraph 1, to the extent specified in subparagraphs 1 i and ii.
3. The cost of medically necessary vaccines or immunizations for which reimbursement is not provided under a provincial health plan, to the extent specified in subparagraphs 1 i and ii.
4. Subject to paragraph 5, 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.
5. 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.
6. 75 per cent of charges imposed by a licensed hospital for out-patient treatment not paid for under a provincial health plan.
7. 75 per cent of 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, to an annual maximum of $20,000.
8. Charges in excess of amounts, if any, reimbursed by a provincial health plan for the services of a chiropractor, osteopath, naturopath, podiatrist, physiotherapist, massage therapist or speech therapist, if licensed and practising within the scope of their licence, or of a psychologist, including a person holding a Master of Social Work degree, to an annual maximum of $500 in respect of all such services combined.
9. 75 per cent of the cost of artificial limbs and eyes, crutches, splints, casts, trusses and braces.
10. 80 per cent of either the cost of one pair of custom-made or specially modified orthopaedic shoes, or the cost of repairs to an existing pair, per calendar year up to a maximum of $500, if the shoes are medically necessary and are prescribed by a licensed physician.
11. 80 per cent of the cost of either one pair of any custom-made orthotics that are prescribed by a licensed physician, podiatrist or chiropractor or of the cost of repairs to an existing pair per calendar year, up to a maximum of $500.
12. 75 per cent of rental charges for wheelchairs, hospital beds and iron lungs required for temporary therapeutic use.
13. 75 per cent of the cost of a wheelchair recommended by the attending physician, if the rental charge would exceed the purchase cost.
14. 50 per cent of the cost of repairs, including batteries and modifications, to a purchased wheelchair, to a maximum of $500 for any one repair, battery or modification.
15. 75 per cent of the cost of ambulance services to and from a local hospital that is qualified to provide treatment, excluding benefits allowed under a provincial health plan.
16. 75 per cent of charges for oxygen and its administration.
17. 75 per cent of charges for blood transfusions outside a hospital.
18. 75 per cent of 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.
19. The cost of hearing aids and eye glasses required as a result of accidental injury.
20. 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.
21. In addition to the benefits provided under paragraph 8, charges for surgery performed by a podiatrist in his or her office, to a maximum of $100.
22. 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.
(3) Despite paragraph 1 of subsection (2), if an equivalent generic product exists and a brand name product is dispensed, the benefit payable under the Plan shall be limited to applicable cost of the equivalent generic product, subject to the maximum referred to in that paragraph.
(4) Benefits payable under the Supplementary Health and Hospital Insurance Plan 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 the cost of vision care up to a maximum for every 36 months of $340 and, until the eligible recipient reaches the Ontario drug benefit eligibility age, for the cost of one eye examination; and
(c) reimburse the eligible recipient for the cost of hearing aids up to a maximum of $900 every 48 months.
(5) No reimbursement respecting a benefit referred to in clause (4) (b) or (c) is payable if reimbursement in respect of the benefit is otherwise payable under subsection (2).
(6) 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.
(7) 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 (2) 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 who are selected under the Plan for the purpose.
(8) 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.
(9) The Supplementary Health and Hospital Insurance Plan must include a Catastrophic Drug Coverage Plan that provides reimbursement of 100 per cent of the costs of drugs, medicines, vaccines and immunizations referred to in paragraphs 1 to 3 of subsection (2) that exceed $10,000 in a calendar year in respect of each eligible recipient.
(10) The Supplementary Health and Hospital Insurance Plan must include an optional upgrade package consisting of Emergency Out-of-Country Medical Coverage and Global Medical Assistance in accordance with the conditions and restrictions set out in the applicable agreement made with the insurance underwriters.
(11) Despite subsection 44 (3), the premiums for the optional upgrade shall be paid for by the eligible person by deduction from the pension payments.
(12) The termination by an eligible person of his or her enrolment in the optional upgrade package is irrevocable.
(13) In this section,
“Ontario drug benefit eligibility age” means the age set out in paragraph 4 of subsection 2 (1) of Ontario Regulation 201/96 (General) made under the Ontario Drug Benefit Act.
49. (1) The Dental Insurance Plan shall provide the following coverages for eligible recipients, to the extent set out in subsection (2):
1. Examinations, consultations, specific diagnostic procedures and X-rays.
2. Fillings, extractions and anaesthesia services.
3. Preventive services such as scaling, polishing and fluoride treatments.
4. Periodontal services, endodontic services, surgical services.
5. Prosthodontic services necessary for relining, rebasing or repairing of an existing fixed bridgework, removable partial or complete dentures.
(2) Dental recall coverage is six months for dependent children 12 years of age and under and nine months for all other eligible recipients.
(3) Dental coverage shall not include fluoride treatment for adults.
(4) Payments under the Dental Insurance Plan in respect of a given year shall be in accordance with the Ontario Dental Association schedule of fees for the previous year.
(5) Coverage under subsection (1) shall be on the basis of 75 per cent to 25 per cent co-insurance, to an annual maximum of $1,500 for each eligible recipient.
50. (1) An eligible person who is receiving benefits under section 39 may, in December of any year, elect to receive benefits under section 44 instead, commencing January 1 of the following year.
(2) An eligible person who is receiving benefits under section 44 may, in December of any year, elect to receive benefits under section 39 instead, commencing January 1 of the following year.
(3) An election under subsection (1) or (2) may be made only once, and is irrevocable.
Commencement
32. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.
(2) Subsections 1 (4), 2 (2), 15 (2), 16 (2) and (4), 17 (5) and 18 (2) to (6), (8), (10), (12) and (17), section 20, subsections 21 (2) and (5), section 23 and subsections 26 (2) and 29 (4) and (8) come into force on April 1, 2020.