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■tl^'

LEGISLATIVE ASSEMBLY
OF ONTARIO

SECOND SESSION
THIRTY-FOURTH PARLIAMENT

BILLS
AS INTRODUCED IN THE HOUSE

TOGETHER WITH
REPRINTS AND THIRD READINGS

SESSION

April 25 to July 26, 1989

October 10 to December 20, 1989

and

March 19 to June 28, 1990

INDEX

SECOHD SESSION
THIRTY-FOURTH PARLIAMENT

PUBLIC BILLS (GOVERNMENT)

gregate Resources Ac t , 1 989 1 70

reement between the Governments of Canada aind
tario (see Indian Lands)

ricorp Act, 1990 - Loi de 1990 sur Agricorp 234

lusement Devices Amendment Act, 1989 205

titration Act, 1990 - Loi de 1990 sur 1' arbitrage 226

sessment Amendment Act , 1989 37

sessment Amendment Act , 1 990 176

diology and Speech-Language Pathology Act, 1990 179

tomobile Insurance Rates Control Act, 1989 10

.rristers Amendment Act , 1989 15

■ucellosis Repeal Act, 1989 MO

lilding Code Act, 1989 103

isiness Information Statute Law Amendment Act, 1989 79

isiness Names Act, 1990 108

smeteries Act , 1989 31

lange of Name Amendment Act, 1990 - Loi de 1990 modifiant

I Loi sur le changement de nom 1 48

did and Family Services Statute Law Amendment Act, 1990 233

lildren's Law Reform Amendment Act, 1989 124

liropody Act, 1990 180

liropractic Act, 1990 I8l

ass Proceedings Act, 1990 - Loi de 1990 sur les

cours collectifs 213

»mmercial Concentration Tax Act , 1989 46

instruction Lien Amendment Act, 1989 102

Construction Lien Amendment Act, 1990 c

Corporation to provide for Agricultural Insurance (see Agricorp)
Corporations and Limited Partnerships (see Business
Information Statute Law)

Corporations Tax Amendment Act , 1990 2

County of Simcoe Act , 1990 1

Court Reform Statute Law Amendment Act , 1989

Courts of Justice Amendment Act, 1989

Crop Insurance Act (Ontario), 1990 - Loi de 1990 sur
I'assurance-r^colte (Ontario) «

Dental Hygiene Act, 1990

Dental Technology Act, 1990

Dentistry Act, 1990

Denturism Act, 1990

Development Charges Act , 1 989 .

Dietetics Act, 1990

District Municipality of Muskoka Statute Law
Amendment Act , 1 989

Easement Statute Law Amendment Act , 1990

Education Amendment Act, 1989

Education Statute Law Amendment Act, 1989

Education Statute Law Amendment Act, 1990 ,

Elevating Devices Amendment Act, 1989 ,

Employer Health Tax Act, 1989

Energy Amendment Act , 1989 ,

Environmental Protection Amendment Act, 1989

Environmental Protection Statute Law Amendment Act, 1990

Evidence Amendment Act, 1989 ,

Executive Council Amendment Act, 1989

Farm Income Stabilization Act, 1990 - Loi de 1990 sur la
stabilisation des revenus agricoles ,

es and Terms of Imprisonment (see Provincial
alties Adjustment)

e Marshals Amendment Act , 1 990 228

udulent Debtors Arrest Repeal Act, 1990 l6l

edom of Information (see Municipal)

edom of Information and Protection of Privacy

ndment Act, 1989 8^

edom of Information and Protection of Privacy

tute Law Amendment Act, 1990 169

1 Tax Amendment Act, 1989 21

eral Directors and Establishments Act, 1989 30

ing Services Act, 1990 237

loline Tax Amendment Act, 1989 2M

Ith Professions Regulation Act, 1990 178

1th Tax (see Employer)

:hway Traffic Amendment Act, 1989 95

ihway Traffic Amendment Act, 1989 96

;hway Traffic Amendment Act, 1989 219

iome Tax Amendment Act , 1989 60

!ome Tax Amendment Act , 1990 159

lependent Health Facilities Act, 1989 1^*7

lian Lands Agreement Confirmation Act, 1989 200

surance Statute Law Amendment Act , 1 990 68

nirance Statute Law Amendment Act, 1989 155

'in Graves Simcoe Memorial Foundation Repeal Act, 1990 22M

jtices of the Peace Act, 1989 - Loi de 1989 sur

5 Juges de paix 93

Id Transfer Tax Amendment Act , 1 989 23

^id Transfer Tax Amendment Act , 1 989 ^8

Landlord and Tenant Amendment (Animals) Act, 1990

Law Society Amendment Act , 1 989

Law Society Amendment (Insurance) Act, 1990

Law Society Amendment (Class Proceedings Funding) Act, 1990 ...
Law Society (see Legal Profession Statute Law)

Legal Profession Statute Law Amendment Act, 1990

Legislative Assembly Amendment Act, 1989

Limited Partnerships (see Business Information Statute Law)

Liquor Licence Act , 1990

Livestock, Poultry and Bees Damage Compensation Act, 1990 - Loi
de 1990 sur 1' indemnisation en cas de dommages causes a du
b^tail , a des volailles et a des abeilles

Massage Therapy Act, 1990

McMichael Canadian Art Collection Act, 1989

Medical Laboratory Technology Act, 1990

Medical Radiation Technology Act, 1990

Medicine Act, 1990

Metropolitan Toronto Police Force Complaints Amendment Act, 1989

Midwifery Act, 1990

Mining Amendment Act , 1989

Mining Amendment Act , 1 989

Mining Tax Amendment Act , 1 990

Ministry of Financial Institutions Act, 1989 - Loi de 1989

sur le minist^re des Institutions financidres ,

Ministry of Transportation and Conmuni cations

Amendment Act , 1 989

Ministry of Transportation and Communications

Creditors Payment Repeal Act, 1989 ,

Municipal Amendment Act, 1989

Municipal Elections Statute Law Amendment Act, 1990

Municipal Freedom of Information and Protection of Privacy
Act, 1989 - Loi de 1989 sur I'accds i 1' information

municipale et la protection de la vie priv^e ,

Municipal Freedom of Information and Protection of Privacy
Amendment Act, 1990 - Loi de 1990 modifiant la Loi sur
I'acc^s a 1' information municipale et la protection

de la vie priv6e ,

Municipal Freedom of Information Statute Law Amendment Act, 1989

Municipal Statute Law Amendment Act, 1989

Municipal Statute Law Amendment Act, 1990 ,

Municipality of Metropolitan Toronto Amendment Act, 1989

Muskoka (see District Municipality)

tar ies Amendment Act , 1 989 63

rsing Act, 1990 196

cupational Health and Safety Statute Law Amendment Act, 1990 ... 208

cupational Therapy Act, 1990 197

budsman Statute Law Amendment Act , 1 989 80

tario Home Ownership Savings Plan Amendment Act, 1990 105

tario Loan Act, 1989 17

tario Lottery Corporation Amendment Act, 1989 119

tario Lottery Corporation Amendment Act, 1990 1 lU

tario Mineral Exploration Program Act, 1989 33

tario Municipal Board Amendment Act, 1989 1

tario Municipal Improvement Corporation Amendment Act, 1989 .... 18

ticianry Act, 1990 198

tometry Act, 1990 199

tawa-Carleton (see Regional Municipality)
tawa-Carleton French-Language School Board Amendment
t, 1989 - Loi de 1989 modifiant la Loi sur le Conseil

olaire de langue f rangaise d ' Ottawa-Carleton 65

tawa-Carleton French-Language School Board Amendment

t, 1990 - Loi de 1990 modifiant la Loi sur le Conseil

olaire de langue f rangaise d 'Ottawa-Carleton 222

armacy Act, 1990 202

ysiotherapy Act , 1 990 203

lice and Sheriffs Statute Law Amendment Act, 1989 187

lice Services Act, 1990 107

wer Corporation Amendment Act, 1989 19

wer Corporation Amendment Act, 1989 20U

operty Assessment Corporation Act, 1990 156

ovincial Offences and Highway Traffic Amendment Act, 1989 189

Dvincial Penalties Adjustment Act, 1989 92

ychology Act, 1990 210

blic Lands Amendment Act, 1990 140

blic Service Pension Act, 1989 36

Raising of Money on the Credit of the Consolidated
Revenue Fund, (see Ontario Loan)

Regional Municipality of Ottawa-Carleton Amendment Act, 1990
Regulations Revision Act, 1989 - Loi de 1989 sur la

refonte des r^glements

Rental Housing Protection Act, 1989 •

Respiratory Therapy Act , 1 990

Retail Sales Tax Amendment Act , 1989 •

Retail Sales Tax Amendment Act , 1990

Sarnia-Lambton Act, 1989

Simcoe (see County)

Smoking in the Workplace Act, 1989

Solicitors (see Legal Profession Statute Law)

South Dumfries (see Township)

Statutes Revision Act, 1989 - Loi de 1989 sur

la refonte des lois

Supply Act, 1989 - Loi de credits de 1989 ...

Teachers ' Pens ion Ac t , 1 989

Terms of Imprisonment (see Provincial Penalties Adjustment)

Tobacco Tax Amendment Act , 1 990

Toronto Transit Commission Labour Disputes Settlement Act, 1989

Township of South Dumfries Act , 1989

Trespass to Property Amendment Act , 1989

Unclaimed Intangible Property Act, 1989

Veterinarians Act, 1989

Vital Statistics Amendment Act, 1990

kers' Compensation Amendment Act, 1989 162

PRIVATE MEMBERS' PUBLIC BILLS

arm Systems Act , 1 989 88

llimals for Research Amendment Act, 1989 190

llsessment Amendment Act , 1990 123

t ian Emblem Act , 1989 27

Ids of Navigable Waters Amendment Act, 1990 142

(re of Animals (see Zoo Licensing)

(ange of Name Amendment Act, 1989 - Loi de 1989 modifiant

; Loi sur le changement de nom 11

Immunity based services for Seniors (see Seniors' Independence)
(ramunity Mental Health Services Act, 1989 50

^af Persons' Rights Act, 1989 143

st/Central Ontario Recreational Trails Conmission Act, 1989 ... 67

ucation Amendment Act, 1989 83

ucation Amendment Act, 1989 87

ucation Amendment Act, 1990 1 12

ection Amendment Act , 1 989 76

ployment Equity Act , 1 990 1 72

ployment Standards Amendment Act , 1989 28

ployment Standards Amendment Act , 1989 54

ployment Standards Amendment Act , 1989 82

ployment Standards Amendment Act, 1990 141

dangered. Threatened and Vulnerable Species Act, 1990 232

ergy Amendment Act , 1 990 1 30

vironmental Harm Act, 1990 231

vironmental Protection Amendment Act, 1990 116

vironmental Protection Amendment Act, 1990 165

vironmental Rights (see Ontario)

Facsimile Transmissions (see Unsolicited Facsimile Transmissions)
Financial Exploitation of Crime (see Profits from Crime)

Flag Day Act, 1990 1:

Floral Emblem Amendment Act , 1 990 2:

Game and Fish Amendment Act, 1990 1

Good Samaritan Act, 1990 1

Gun Replica Sale Prohibition Act, 1989 1

Health Protection and Promotion Amendment Act, 1989

Health Protection and Promotion Amendment Act, 1990 1

Heritage Day Act, 1989

Highway Traffic Amendment Act, 1989

Highway Traffic Amendment Act, 1990 1

Homes for the Aged and Rest Homes Amendment Act, 1990 1

International Development Act, 1989

Intervener Funding Project Amendment Act, 1989 - Loi de
1989 modifiant la Loi sur le pro jet d'aide financi^re
aux intervenants

Labour Relations Amendment Act , 1989

Labour Relations Amendment Act , 1990 1

Landlord and Tenant Amendment Act, 1989

Landlord and Tenant Amendment Act, 1990 1

Liability in respect of voluntary Emergency Medical and

First Aid Services, (see Good Samaritan)

Limitations Amendment Act, I989

jntal Health Amendment Act, 1990 173

inistry of the Environment Amendment Act, 1989 98

^tor Boat Operators' Licensing Act, 1989 8

inicipal Amendment Act, 1990 217

inicipal Smoking By-Law Authorization Act, 1989 157

tural Death Act, 1990 132

n-Unionized Workers Protection Act, 1990 154

clear Weapons Economic Conversion Act, 1989 16

I.tario Energy Board Amendment Act, 1989 59

tario Energy Board Amendment Act, 1990 136

tario Environmental Rights Act , 1989 12

tario Environmental Rights Act , 1989 13

tario Food Terminal Amendment Act, 1990 167

tario Land Information Act, 1990 125

tario Lottery Profits Awards Council Act, 1990 139

^tario Safe Drinking Water Act, 1989 25

( tario Water Resources Amendment Act, 1989 6l

Ijanning Amendment Act, 1989 14

Ijanning Amendment Act, 1990 117

Iwers of Attorney Amendment Act, 1990 131

I of its from Crime Act, 1990 122

Iblic Holidays Statute Law Amendment Act, 1989 6

(blic Holidays Statute Law Amendment Act, 1989 9

fblic Lands Amendment Act, 1990 153

jfblic Vehicles Amendment Act, 1990 120

ality of Drinking Water (see Ontario Safe Drinking Water)

Representation Amendment Act , 1990

Residential Rent Regulation Amendment Act, 1990

Rights of Non-Un ionized Workers, (see Non -Unionized)

Seniors' Independence Act, 1990

Smoking in the Workplace (see Municipal Smoking By-law)

Teachers ' Superannuation Amendment Act , 1989

Ticket Speculation Amendment Act, 1989

Tobacco Sale Regulation Act, 1990

Tobacco Sale to Minors Statute Law Amendment Act, 1989
Tommy Douglas Day Act , 1 990 . . . ,.

Unsolicited Facsimile Transmissions Act, 1990

VDT Operators' Safety Act, 1990 .
Victims' Bill of. Rights Act, 1990

Zoo Licensing Act, 1989

PRIVATE BILLS

1239 Ontario Inc. Act, 1989 PrlO

4610 Ontario Inc. Act, 1990 Pr34

3598 Ontario Limited Act , 1989 Pr49

Pgelato Service Centre Ltd. Act, 1989 Pr26

fsociation of Municipal Tax Collectors Act, 1989 Pr25

Psociation of Stoney Lake Cottagers Inc. Act, 1990 Pr5^

f team Co. Limited Act, 1989 Pr51

fA Home Insurance Company Act, 1990 Pr69

Elsward Investments Limited Act, 1989 Pr20

Eampton Act , 1990 - City of Pr43

Eantford and Southern Railway Company Inc. Act, 1989 Pr54

Eiice Office Supply Limited Act, 1989 Pr23

intre culturel d' Orleans Act, 1989 - Loi de 1989 sur le

Entre culturel d* Orleans Pr6

ty of Chatham Foundation Act, 1990 Pr6l

llrjorwic Metis Corporation Act , 1990 Pr93

St York Act, 1990 - Borough of Pr96

ist York-Scarborough Reading Association Inc. Act, 1989 Pr48

pire Club Foundation Act, 1990 Pr87

obicoke Act, 1989 - City of Pr50

obicoke Act, 1990 - City of Pr83

Fort Erie Community Young Men's Christian

Association Act, 1989 • P

Fort Erie Lions Senior Citizens Complex Inc. Act, 1989 P

Front of Leeds and Lansdowne Act, 1990 - Township of P

Gowganda Town Plot Land Act, 1989

Grand Valley Railway Co. Inc. Act, 1989 P

Guelph Act , 1989 - City of P

Guilford Act, 1990 - Township of P

Gursikh Sabha Canada Act , 1990 P

Hamilton Act , 1989 - City of P

Harewood Park Association Act, 1990 P

Homes Unlimited (London) Inc. Act, 1989 P

Human Resources Professionals Association

of Ontario Act, 1990 P

Immanuel Christian School Society of East Toronto Act, 1990 ... P

Innomed Inc. Act, 1989 P

Iroquois Falls Act, 1989 - Town of P

Jabko Holdings Ltd. Act, 1990 F

Killaloe Act, 1989 - Village of F

Kingston and townships of Kingston, Pittsburgh and

Ernestown Act, 1989 - City of F

Kingston and townships of Kingston, Pittsburgh and

Ernestown Act, 1990 - City of I

,.:e of the Woods District Hospital Act, 1990 Pr47

Jiramar Holdings Limited Act, 1989 Pr17

Jidon Regional Art and Historical Museums Act, 1989 Prl6

ilawaska Club Limited Act, 1989 Pr12

Ississauga Act, 1990 - City of Pr78

J clonal Capital Children's Oncology Care Inc. Act, 1990 Pr8

J igara-on-the-Lake Act , 1 990 - Town of Pr88

j'th Bay Act, 1990 - City of Pr57

J 'th York Act, 1990 - City of Pr84

Dcville Act, 1990 - Town of Pr98

3:ario Home Economics Association Act , 1989 Pr35

]:ario Korean Businessmen's Association Act, 1990 Pr73

hario Midwestern Railway Company Limited Act, 1989 Pr45

]:ario Mortgage Brokers Association Act, 1989 Pr46

hario Skeet Shooting Association Act, 1990 Pr64

;:awa Act, 1989 - City of Pr38

hawa Act, 1990 - City of Pr60

^:awa Arts Centre Foundation Act, 1990 Pr4l

]:awa Charitable Foundation Board of
^istees (see Ottawa Act, 1989 - City of)

= 1 P Murray Foundation Act, 1990 Pr36

/mpton Act , 1990 - Township of Pr65

rt Bruce Boat Club Act, 1989 Pr19

gis College Act, 1989 ' Pr30

yal Botanical Gardens Act, 1989 Pr7

yal Canadian Legion Act, 1990 Pr44

St . George ' s Society of Toronto Act , 1 990 I

Sarnia General Hospital Act, 1989

Scarborough Act, 1990 - City of

Silayan Filipino Coranunity Centre Act, 1990 i^

Simcoe Act , 1990 - Town of f

Sioux Lookout District Health Centre Act, 1990 t

South Simcoe Railway Heritage Act, 1989 li

Stoney Lake Cottagers (see Association)

Thunder Bay Act, 1990 - City of .♦. $9

Times Change Women's Employment Service Inc. Act, 1989 15

Toronto Act, 1989 - City of r

Toronto Act, 1989 - City of 1

Toronto Act, 1989 - City of i^

Toronto Act, 1990 - City of r

Toronto Act, 1990 - City of II

Toronto Act, 1990 - City of I6

Toronto Act, 1990 - City of 17

Toronto Baptist Seminary and Bible College Act, 1989 12

Vanier Act, 1990 - City of 1

Victoria County Railway Company Limited Act, 1990 llfi

Windsor Act, 1989 - City of

Windsor Act , 1 989 - City of 1

Windsor Act, 1990 - City of 1

Bill 1 Government Bill

2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989

Billl

An Act to amend the
Ontario Municipal Board Act

The Hon. I. Scott

Attorney General

1st Reading April 25th, 1989
2nd Reading
3rd Reading
Royal Assent

Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario

EXPLANATORY NOTE

The purpose of the Bill is to convert the position of the secretary of the Board into
a public service position. At present, the secretary is appointed by the Lieutenant Gover-
nor in Council and serves at pleasure.

BiU 1 1989

An Act to amend the
Ontario Municipal Board Act

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:

1. Subsection 27 (1) of the Ontario Municipal Board Act,
being chapter 347 of the Revised Statutes of Ontario, 1980, is
repealed and the following substituted therefor:

(1) There shall be a secretary of the Board who shall be Secretary
appointed under the Public Service Act. R so. i980,

c. 418

2. This Act comes into force on the day it receives Royal commence-
Assent. """^

3. The short title of this Act is the Ontario Municipal Board short title
Amendment Act, 1989.

Billl

2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989

Billl

(Chapter 32
Statutes of Ontario, 1989)

An Act to amend the
Ontario Municipal Board Act

The Hon. I. Scott

Attorney General

1st Reading April 25th, 1989

2nd Reading June 21st, 1989

3rd Reading July 13th, 1989

Royal Assent July 13th, 1989

Printed under authority of the Legislative Assembly by the
® Queen's Printer for Ontario

Bill 1 1989

An Act to amend the
Ontario Municipal Board Act

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:

1. Subsection 27 (1) of the Ontario Municipal Board Act,
being chapter 347 of the Revised Statutes of Ontario, 1980, is
repealed and the following substituted therefor:

(1) There shall be a secretary of the Board who shall be Secretary
appointed under the Public Service Act. R s.o. i980,

^^ c. 418

2. This Act comes into force on the day it receives Royal Commence-
Assent. "'"'

3. The short title of this Act is the Ontario Municipal Board Short title
Amendment Act, 1989.

Bill 2 Gk)vernmeiit Bill

2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989

Bill 2

An Act to amend the Courts of Justice Act, 1984

The Hon. I. Scott

Attorney General

1st Reading May 1st, 1989
2nd Reading
3rd Reading
Royal Assent

Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario

EXPLANATORY NOTES
The Bill substantially changes the structure of the Ontario courts.
The present structure of the courts is as follows:

1. The Supreme Court of Ontario has two branches, the Court of Appeal and the
High Court of Justice. The Supreme Court is a superior court with civil and
criminal jurisdiction whose judges are appointed by the federal government.

2. The District Court of Ontario has both civil and criminal jurisdiction but is not
a superior court. Its civil jurisdiction is limited by the Courts of Justice Act,
1984 to claims of less than $25,000 unless both parties agree to let it hear a
claim for a greater amount. Its judges are appointed by the federal govern-
ment.

3. The Divisional Court is a division of the High Court that hears specified
appeals assigned to it by statute and applications for judicial review of a deci-
sion of a board or agency. The judges of the High Court are the judges of the
Divisional Court.

4. There are four courts presided over by provincial judges, the Provincial Court
(Civil Division), the Provincial Court (Family Division), the Provincial Court
(Criminal Division) and the Provincial Offences Court. The Provincial Offences
Court is usually presided over by justices of the peace and the Provincial Court
(Civil Division) is often presided over by part.-time deputy judges.

5. The Unified Family Court is a specialized court for family law proceedings in
TTie Regional Municipality of Hamilton- Wentworth. Its judges are appointed by
the federal government and are also given the power of provincial judges for
their work in the court.

The structure of the Ontario courts proposed by the BiU is as follows:

1. The Court of Appeal will be continued as the final court of appeal for the
Province and will be separated from the High Court.

2. There will be a new court, to be called the Ontario Court of Justice, composed
of two divisions, the General Division and the Provincial Division.

3. The Ontario Court (General Division) will combine the jurisdiction now exer-
cised by the High Court, the District Court and the surrogate courts. The exist-
ing judges of those courts will all become judges of the Ontario Court (General
Division). The General Division will be a superior court.

4. The Divisional Court will be continued with no change in its jurisdiction as a
branch of the Ontario Court (General Division). All of the judges of the Gen-
eral Division will be judges of the Divisional Court.

5. The Small Claims Court will also be a branch of the Ontario Court (General
Division). The monetary limit of the Small Claims Court will be prescribed by
regulation. All of the judges of the General Division will be judges of the
Small Claims Court. In addition, provincial judges who were formerly in the
Provincial Court (Civil Division) will preside over matters in the Small Claims
Court and deputy judges will be appointed for three-year renewable terms to
preside over matters in the Small Claims Court that do not exceed a prescribed
amount.

6. The Ontario Court (Provincial Division) combines the jurisdiction now exer-
cised by the Provincial Court (Criminal Division), the Provincial Court (Family

Division) and the Provincial Offences Court. The existing judges of those
courts will all become judges of the Ontario Court (Provincial Division).

7. The Unified Family Court is established as a superior court but is otherwise
not changed.

A judge of the General Division will be appointed as Chief Judge of the Ontario
Court to manage judicial resources for the General Division of the Ontario Court of Jus-
tice. A provincial judge will be appointed as Chief Judge of the Ontario Court (Provin-
cial Division) to manage judicial resources for the Provincial Division.

The Province will be divided into regions for judicial purposes, with the number and
area of the regions to be prescribed by regulation. A judge of the General Division will
be appointed as regional senior judge of the General Division for each region to manage
judicial resources for the General Division in the region, subject to the authority of the
Chief Judge of the Ontario Court. A provincial judge will be appointed as regional
senior judge of the Provincial Division for each region to manage judicial resources for
the Provincial Division in the region, subject to the authority of the Chief Judge of the
Ontario Court (Provincial Division).

The Chief Judge of the Ontario Court (Provincial Division) and the regional senior
judges of the Provincial Division will be appointed to their administrative positions for
five-year terms, after which they will return to being provincial judges.

The Ontario Courts Advisory Council will be replaced by the Ontario Courts Man-
agement Committee. In addition, each region will have a Regional Courts Management
Committee consisting of the regional senior judges, the regional director of courts
administration, the regional director of Crown attorneys and representatives of the
regional bar and the public.

The Bill will also restructure rule-making for the courts. Part V of the existing Act
establishes the Rules Committee of the Supreme and District Courts and provides for the
making of rules of practice and procedure for civil proceedings in those courts. The Bill
will establish three separate rules committees, the Civil Rules Committee, the Family
Rules Committee and the Criminal Rules Committee, each to make rules in their respec-
tive areas.

Some of the other changes to the Act are as follows:

1. The number of judges of the Court of Appeal will be fixed by regulation rather
than by statute.

2. Every judge of the General Division must be assigned to a particular region
and there must be at least one judge of the General Division assigned to each
county or district.

3. The judges of the Ontario Court of Justice are required to meet at least once
each year and the judges of the Ontario Court in each region are required to
meet at least once in each year to consider the Act, the rules and the adminis-
tration of justice.

4. A limit on costs in the Small Claims Court is set at 15 per cent of the amount
claimed unless the court considers it necessary in the interests of justice to
penalize a person for unreasonable behaviour in the proceeding.

5. The Act now provides that the Province will pay $3,000 each year to federally
appointed judges. Although these payments will continue for judges appointed
before the Bill comes into force, no payments will be made to future appoint-
ees.

6. There is no provision for the appointment of new masters.

7. The Lieutenant Governor in Council will be permitted to prescribe the form of
the gown worn in court by all judges appointed after the Bill comes into force.

8. All Ontario Court and Unified Family Court judges may be addressed as
"Your Honour", subject to the right of former High Court judges to elect to
be addressed according to the old practice.

9. Errors in the Act are corrected with respect to jury trials (section 121) and set-
ting off mutual debts (section 124). The medical examination provision of the
Act (section 118) is amended to permit a court to order an examination by a
registered psychologist.

10. The salaries of former Chief Judges, Associate Chief Judges and senior judges
of the provincial courts and of the Senior Master are protected and they are
permitted to retain their titles.

11. The transitional provisions and complementary amendments in the Act are
amended to ensure the continuation of existing court proceedings in the new
courts and to deem references to courts in other statutes to be references to
the new courts.

The Bill is accompanied by the Court Reform Statute Law Amendment Act, 1989,
which repeals the Sheriffs Act and makes consequential amendments to 52 other statutes.

Bill 2 1989

An Act to amend the Courts of Justice Act, 1984

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:

1. Section 1 of the Courts of Justice Act, 1984^ being chapter
11, is repealed and the following substituted therefor:

1. In this Act, Definitions

"action" means a civil proceeding that is not an application
and includes a proceeding commenced by,

(a) claim,

(b) statement of claim,

(d) counterclaim,

(e) crossclaim,

(f) third or subsequent party claim, or

(g) divorce petition or counterpetition;

"application" means a civil proceeding that is commenced by
notice of application or by application;

"defendant" means a person against whom an action is com-
menced;

"hearing" includes a trial;

"motion" means a motion in a proceeding or an intended
proceeding;

"order" includes a judgment or decree;

Bill 2

COURTS OF JUSTICE

1989

"plaintiff means a person who commences an action;

"region" means a region prescribed under section 92a.
1984, c. 11, s. 1, amended.

2. Parts I and II, Part III, as amended by the Statutes of
Ontario, 1984, chapter 55, section 213, 1984, chapter 64, sec-
tion 1, 1985, chapter 1, section 4, 1986, chapter 7, section 15
and 1987, chapter 1, sections 1, 2 and 3, Part IV, as amended
by the Statutes of Ontario, 1984, chapter 55, section 213, 1984,
chapter 64, sections 2, 3, 4 and 5 and 1987, chapter 1, sections
4, 5 and 6 and Part V, as amended by the Statutes of Ontario,
1984, chapter 64, sections 6 and 7, of the said Act are repealed
and the following substituted therefor:

PART I

Court of
Appeal

COURT OF APPEAL FOR ONTARIO

2. — (1) The branch of the Supreme Court of Ontario
named the Court of Appeal for Ontario is continued as a
superior court of record named the Court of Appeal for
Ontario.

Idem

Composition
of court

Number of
judges

(2) In exercising its jurisdiction, the Court of Appeal has all
the power and authority historically exercised by courts of
common law and equity in England and Ontario. 1984,
c. 11, s. 2, amended.

3. — (1) The Court of Appeal shall consist of,

(a) the Chief Justice of Ontario, who shall be president
of the court;

(b) the Associate Chief Justice of Ontario; and

(c) such number of other judges as is fixed under sub-
section (2), to be called justices of appeal. 1984,
c. 11, s. 3 (1), amended.

(2) The Lieutenant Governor in Council may by regulation
fk the number of judges of the Court of Appeal who are in
addition to the Chief Justice and the Associate Chief Justice.

Idem

Additional
judges

(3) A reduction in the number of judges does not affect
appointments existing at the time of the reduction. New.

(4) There shall be such additional offices of judge of the
Court of Appeal as are from time to time required, to be held
by Chief Justices of Ontario and Associate Chief Justices of

1989 COURTS OF JUSTICE Bill 2 3

Ontario who have elected under the Judges Act (Canada) to R s.c. i985,
perform only the duties of a judge of the Court of Appeal. ^' ^'^
1984, c. 11, s. 6 (1), amended.

(5) There shall be such additional offices of supernumerary Super-
judge of the Court of Appeal as are from time to time jUd^ir^
required, to be held by judges of the Court of Appeal who
have elected under the Judges Act (Canada) to hold office
only as a supernumerary judge of the court. 1984, c. 11,
s. 6 (3), amended.

4. — (1) The Chief Justice of Ontario, with the concurrence ^^i^ment
of the Chief Judge of the Ontario Court, may assign a judge from General
of the Ontario Court (General Division) to perform the work Division
of a judge of the Court of Appeal. 1984, c. 11, s. 9 (2),
amended.

(2) A judge of the General Division is, by virtue of his or General
her office, a judge of the Court of Appeal and has all the judge?"
jurisdiction, power and authority of a judge of the Court of
Appeal. 1984, c. 11, s. 8, amended.

5. — (1) The Chief Justice of Ontario has general super- Powers and
vision and direction over the sittings of the Court of Appeal cwef justice
and the assignment of the judicial duties of the court. 1984,
c. 11, s. 18(5).

(2) If the Chief Justice of Ontario is absent from Ontario or Absence of
is for any reason unable to act, his or her powers and duties '*^ "^*'*^
shall be exercised and performed by the Associate Chief

Justice of Ontario.

(3) If the Chief Justice of Ontario and the Associate Chief Absence of
Justice of Ontario are both absent from Ontario or for any chief Justice
reason unable to act, the powers and duties of the Chief

Justice shall be exercised and performed by a judge of the
Court of Appeal designated by the Chief Justice or Associate
Chief Justice. 1984, c. 11, s. 3 (2), amended.

6. — (1) An appeal lies to the Court of Appeal from, Court of

jurisdiction

(a) an order of the Divisional Court, on a question that
is not a question of fact alone, with leave as pro-
vided in the rules of court;

(b) a final order of a judge of the Ontario Court
(General Division), except an order referred to in
clause 18 (1) (a);

Bill 2

COURTS OF JUSTICE

1989

(c) a certificate of assessment of costs issued in a pro-
ceeding in the Court of Appeal, on an issue in
respect of which an objection was served under the
rules of court. 1984, c. 11, s. 17 (1), amended.

Combining of (2) The Court of Appeal has jurisdiction to hear and deter-
Sr^counT mine an appeal that lies to the Divisional Court or the
Ontario Court (General Division) if an appeal in the same
proceeding lies to and is taken to the Court of Appeal.

Idem

(3) The Court of Appeal may, on motion, transfer an
appeal that has already been commenced in the Divisional
Court or the Ontario Court (General Division) to the Court
of Appeal for the purpose of subsection (2). 1984, c. 11,
s. 17 (2), amended.

Composition 7, — (1) \ proceeding in the Court of Appeal shall be
hLrinS ^°' heard and determined by not fewer than three judges sitting

together, and always by an uneven number of judges. 1984,

c. 11, s. 18 (1), amended.

Idem,
motions

Idem

(2) A motion in the Court of Appeal and an appeal under
clause 6 (1) (c) shall be heard and determined by one judge.

(3) Subsection (2) does not apply to a motion for leave to
appeal, a motion to quash an appeal or any other motion that
is specified by the rules of court.

(4) A judge assigned to hear and determine a motion may
adjourn the motion to a panel of the Court of Appeal.

Idem

(5) A panel of the Court of Appeal may, on motion, set
aside or vary the decision of a judge who hears and deter-
mines a motion. 1984, c. 11, s. 18 (3), amended.

References to g, — (1) jhc Lieutenant Governor in Council may refer any
^p^^ question to the Court of Appeal for hearing and considera-
tion.

Opinion of
court

Submissions
by Attorney
General

(2) The court shall certify its opinion to the Lieutenant
Governor in Council, accompanied by a statement of the rea-
sons for it, and any judge who differs from the opinion may
certify his or her opinion and reasons in the same manner.

(3) On the hearing of the question, the Attorney General
of Ontario is entitled to make submissions to the court.

Idem

(4) The Attorney General of Canada shall be notified and
is entitled to make submissions to the court if the question
relates to the constitutional validity or constitutional applica-

1989 COURTS OF JUSTICE Bill 2 5

bility of an Act, or of a regulation or by-law made under an
Act, of the Parliament of Canada or the Legislature.

(5) The court may direct that any person interested, or any Notice
one or more persons as representatives of a class of persons
interested, be notified of the hearing and be entitled to make
submissions to the court.

(6) If an interest affected is not represented by counsel, the ^f^^^^^^^
court may request counsel to argue on behalf of the interest

and the reasonable expenses of counsel shall be paid by the
Treasurer of Ontario.

(7) The opinion of the court shall be deemed to be a Appeal
judgment of the court and an appeal lies from it as from a
judgment in an action. 1984, c. 11, s. 19.

PART II

ONTARIO COURT OF JUSTICE

9. — (1) The Ontario Court of Justice is established. ojt^no

(2) The Ontario Court shall consist of two divisions, the Divisions
General Division and the Provincial Division. New.

ONTARIO COURT (GENERAL DIVISION)

10.— (1) The branch of the Supreme Court of Ontario ^^^^^^^
named the High Court of Justice for Ontario, the District
Court of Ontario and the surrogate courts are amalgamated
and continued as a superior court of record named the
Ontario Court (General Division).

(2) The General Division has all the jurisdiction, power i*'*™
and authority historically exercised by courts of common law
and equity in England and Ontario. 1984, c. 11, s. 2 (1),
amended.

11.— (1) The General Division shall consist of. Composition

^ ' of General

Division

(a) the Chief Judge of the Ontario Court, who shall be
president of the Ontario Court;

(b) a regional senior judge of the General Division for
each region;

Bill 2

COURTS OF JUSTICE

1989

(d) such number of judges of the General Division as is
fixed under clause 53 (1) (a). 1984, c. 11, s. 4 (1),
amended.

Additional
judges

R.S.C. 1985,
c. J-1

(2) There shall be such additional offices of judge of the
General Division as are from time to time required, to be held
by Chief Judges of the Ontario Court and regional senior
judges of the General Division who have elected under the
Judges Act (Canada) to perform only the duties of a judge of
the Ontario Court. 1984, c. 11, s. 6 (1), amended.

Super-
numerary
judges

Assignment
of judges
from Court
of Appeal

Court of

Appeal

judges

Powers and
duties of
Chief Judge
of Ontario
Court

Regional

senior

judges.

General

Division

Delegation

Absence of
Chief Judge
of Ontario
Court

Absence of
regional
senior judge
of General
Division

(3) There shall be such additional offices of supernumerary
judge of the General Division as are from time to time
required, to be held by judges of the General Division who
have elected under the Judges Act (Canada) to hold office
only as a supernumerary judge of that division. 1984, c. 11,
s. 6 (3), amended.

12. — (1) The Chief Justice of Ontario, with the concur-
rence of the Chief Judge of the Ontario Court, may assign a
judge of the Court of Appeal to perform the work of a judge
of the General Division. 1984, c. 11, s. 9 (1), amended.

(2) A judge of the Court of Appeal is, by virtue of his or
her office, a judge of the General Division and has all the
jurisdiction, power and authority of a judge of the General
Division. 1984, c. 11, s. 8, amended.

13. — (1) The Chief Judge of the Ontario Court shall direct
and supervise the sittings of the Ontario Court (General
Division) and the assignment of its judicial duties.

(2) A regional senior judge of the General Division shall,
subject to the authority of the Chief Judge of the Ontario
Court, exercise the powers and perform the duties of the
Chief Judge in respect of the General Division in his or her
region.

(3) A regional senior judge of the General Division may
delegate to a judge of the General Division in his or her
region the authority to exercise specified functions. New.

(4) If the Chief Judge of the Ontario Court is absent from
Ontario or is for any reason unable to act, his or her powers
and duties shall be exercised and performed by a regional
senior judge of the General Division designated by the Chief
Judge of the Ontario Court. 1984, c. 11, s. 4 (3), amended.

(5) The powers and duties of a regional senior judge of the
General Division who is absent from Ontario or is for any rea-

1989 COURTS OF JUSTICE Bill 2 7

son unable to act shall be exercised and performed by a judge
of the General Division designated by the Chief Judge of the
Ontario Court. New.

14.— (1) The Chief Judge of the Ontario Court shall assign Judges

V z 1^^' • • • assigned to

every judge of the General Division to a region. regions

(2) There shall be at least one judge of the General ^Jj^fJ^^^^j,
Division assigned to each county or district. county

(3) No judge of the General Division who was a judge of "'J^'p^J^Jj
the High Court of Justice or the District Court of Ontario coun judges
before this section comes into force shall be assigned without

his or her consent to a region other than the region in which
he or she resided immediately before this section comes into
force.

(4) Subsections (1) to (3) do not prevent the temporary wem
assignment of a judge to a location anywhere in Ontario.

New.

15. A proceeding in the General Division shall be heard ^^P|^'j°;*
and determined by one judge of the General Division. 1984, hearings
c. 11, s. 14 (1), amended.

16. An appeal lies to the General Division from, GeS^S ^°

Division

(a) an interlocutory order of a master;

(b) a certificate of assessment of costs issued in a pro-
ceeding in the General Division, on an issue in
respect of which an objection was served under the
rules of court. 1984, c. 11, s. 13 (2), amended.

DIVISIONAL COURT

17.— (1) There shall be a branch of the General Division gjjjj^"^'
to be known as the Divisional Court consisting of the Chief
Judge of the Ontario Court who shall be president of the
court and such other judges of the General Division as the
Chief Judge designates from time to time.

(2) Every judge of the General Division is also a judge of q"^^'*^^°"
the Divisional Court. 1984, c. 11, s. 5, amended. ° ^" ^^^

18.— (1) An appeal lies to the Divisional Court from, ^uJi""^*

jurisdiction

(a) a final order of a judge of the General Division,

Bill 2

COURTS OF JUSTICE

1989

(i) for a single payment of not more than
$25,000, exclusive of costs,

(ii) for periodic payments that amount to not
more than $25,000, exclusive of costs, in the
twelve months commencing on the date the
first payment is due under the order,

(iii) dismissing a claim for an amount that is not
more than the amount set out in subclause (i)
or (ii), or

(iv) dismissing a claim for an amount that is more
than the amount set out in subclause (i) or (ii)
and in respect of which the judge indicates
that if the claim had been allowed the amount
awarded would have been not more than the
amount set out in subclause (i) or (ii);

(b) an interlocutory order of a judge of the General
Division, with leave as provided in the rules of
court;

1984, c. 11, s. 15 (1),

(2) The Divisional Court has jurisdiction to hear and deter-

Combining of

Snerai °™ mine an appeal that lies to the General Division if an appeal
Division in the Same proceeding Ues to and is taken to the Divisional
Court.

^^^^ (3) The Divisional Court may, on motion, transfer an

appeal that has already been commenced in the General
Division to the Divisional Court for the purpose of subsection
(2). 1984, c. 11, s. 15 (2), amended.

interioarto™ ^^^ ^^ appeal Hes from an interlocutory order of a judge of
orders the General Division made on an appeal from an interlocutory

order of the Provincial Division. 1984, c. 11, s. 36 (4),

amended.

Appeals
heard in
regions

19. — (1) An appeal to the Divisional Court shall be heard
in the region in which the order appealed from was made,
unless the parties agree otherwise.

^ro^edin ^^^ ^^^ Other proceeding in the Divisional Court may be

rn^y re^n brought in any region. New.

SfSS'for" ^®* — ^^) ^ proceeding in the Divisional Court shall be

hearings heard and determined by three judges sitting together.

1989 COURTS OF JUSTICE Bill 2 9

(2) A proceeding in the Divisional Court may be heard and Wem
determined by one judge where the proceeding,

(a) is an appeal under clause 18 (1) (c);

(b) is an appeal under section 31 from a provincial
judge or a deputy judge presiding over the Small
Claims Court; or

(c) is in a matter that the Chief Judge of the Ontario
Court or a judge designated by the Chief Judge is
satisfied, from the nature of the issues involved and
the necessity for expedition, can and ought to be
heard and determined by one judge.

(3) A motion in the Divisional Court shall be heard and ^^^"^^^
determined by one judge, unless otherwise provided by the ™°'*"^
rules of court.

(4) A judge assigned to hear and determine a motion may w^m
adjourn it to a panel of the Divisional Court.

(5) A panel of the Divisional Court may, on motion, set ''•e™
aside or vary the decision of a judge who hears and deter-
mines a motion. 1984, c. 11, s. 16, amended.

SMALL CLAIMS COURT

21. The Provincial Court (Civil Division) is continued as a SmjJJ cia™s
branch of the General Division to be known as the Small
Claims Court. New.

22.— (1) The Small Claims Court shall consist of, S'wi*'°°

(a) every judge of the General Division;

of Small
Claims Court

(b) every provincial judge who was assigned to the
Provincial Court (Civil Division) before this section
comes into force; and

(2) A regional senior judge of the General Division may, PJP^'^
with the approval of the Attorney General, appoint a barrister ^" ^^^
and solicitor to act as a deputy judge of the Small Claims
Court for a term of three years.

(3) A regional senior judge of the General Division may "em
renew the appointment of a deputy judge for one or more
three-year terms. 1984, c. 11, s. 77 (2, 3), amended.

Bill 2

COURTS OF JUSTICE

1989

Jurisdiction 23. — (1) The Small Claims Court,

(a) has jurisdiction in any action for the payment of
money where the amount claimed does not exceed
the prescribed amount exclusive of interest and
costs; and

(b) has jurisdiction in any action for the recovery of
possession of personal property where the value of
the property does not exceed the prescribed
amount. 1984, c. 11, s. 78 (1), amended.

Transfer (2) An action in the General Division may be transferred to

Division the Small Claims Court by the local registrar of the General

Division on requisition with the consent of all parties filed

before the trial commences if,

(a) the only claim is for the payment of money or the
recovery of possession of personal property; and

(b) the claim is within the jurisdiction of the Small
Claims Court.

Composition
of court for
hearings

Where
deputy judge
not to
preside

Idem (3) An action transferred to the Small Claims Court shall

be titled and continued as if it had been commenced in that
court. 1984, c. 11, s. 84, amended.

24. — (1) A proceeding in the Small Claims Court shall be
heard and determined by one judge or deputy judge.

(2) A deputy judge shall not preside over the court in an
action,

(a) for the payment of money in excess of the pre-
scribed amount; or

(b) for the recovery of possession of personal property
exceeding the prescribed amount in value. 1984,
c. 11, s. 77 (2, 3), amended.

25. The Small Claims Court shall hear and determine in a
sunmiary way all questions of law and fact and may make such
order as is considered just and agreeable to good conscience.
1984, c. 11, s. 78 (3), amended.

Representation 26. A party may be represented in a proceeding in the
Small Claims Court by counsel or an agent but the court may
exclude from a hearing anyone, other than a barrister and
solicitor qualified to practise in Ontario, appearing as an agent
on behalf of a party if it finds that such person is not compe-

Summary
hearings

1989 COURTS OF JUSTICE Bill 2 11

tent properly to represent the party or does not understand
and comply at the hearing with the duties and responsibilities
of an advocate. 1984, c. 11, s. 79, amended.

27. — (1) Subject to subsections (3) and (4), the Small Evidence
Claims Court may admit as evidence at a hearing and act
upon any oral testimony and any document or other thing so
long as the evidence is relevant to the subject-matter of the
proceeding, but the court may exclude anything unduly repeti-
tious.

(2) Subsection (1) applies whether or not the evidence is Wem
given or proven under oath or affirmation or admissible as
evidence in any other court.

(3) Nothing is admissible in evidence at a hearing, "em

(a) that would be inadmissible by reason of any privi-
lege under the law of evidence; or

(b) that is inadmissible by any Act.

(4) Nothing in subsection (1) overrides the provisions of Conflicts
any Act expressly limiting the extent to or purposes for which

any oral testimony, documents or things may be admitted or
used in evidence in any proceeding.

(5) A copy of a document or any other thing may be admit- Copies
ted as evidence at a hearing if the presiding judge is satisfied

as to its authenticity. 1984, c. 11, s. 80, amended.

28. The Small Claims Court may order the times and the JjJ^^"'^"^
proportions in which money payable under an order of the

court shall be paid. 1984, c. 11, s. 81, amended.

29. An award of costs in the Small Claims Court, other }f^}} o"
than disbursements, shall not exceed 15 per cent of the
amount claimed or the value of the property sought to be
recovered unless the court considers it necessary in the inter-
ests of justice to penalize a party, counsel or agent for unrea-
sonable behaviour in the proceeding. New.

30. Orders of the Small Claims Court shall be directed to Jf"^°^^*"*
a bailiff appointed under subsection 32 (1) for enforcement,

unless otherwise provided by the rules of court. 1984, c. 11,
s. 82, amended.

31. An appeal lies to the Divisional Court from a final Appeals
order of the Small Claims Court in an action,

costs

Bill 2

COURTS OF JUSTICE

1989

(a) for the payment of money in excess of $500, exclud-
ing costs; or

(b) for the recovery of possession of personal property
exceeding $500 in value. 1984, c. 11, s. 83,
amended.

^l^^^ 32. — (1) There shall be a clerk and one or more bailiffs

Small Claims foi" cach division of the Small Claims Court who shall be
Court appointed by the Lieutenant Governor in Council.

Idem

(2) With the approval of the Deputy Attorney General or
the person designated by the Deputy Attorney General, every
clerk and bailiff of the Small Claims Court in a division that is
not designated under clause 53 (1) (g) may appoint in writing
a deputy who may exercise and perform all the powers and
duties of the clerk or bailiff.

Referee

(3) The Lieutenant Governor in Council may appoint a
referee for a division of the Small Claims Court. 1984, c. 11,
s. 86 (4, 5), amended.

PROVINCIAL DIVISION

Provincial
Division

33. The Provincial Court (Criminal Division), the Provin-
cial Court (Family Division) and the Provincial Offences
Court are amalgamated and continued as a court of record
named the Ontario Court (Provincial Division). New.

Composition
of Provincial
Division

34. The Provincial Division shall consist of,

(a) the Chief Judge of the Provincial Division
appointed under subsection 41 (3), who shall be
president of the Provincial Division;

(b) a regional senior judge of the Provincial Division
appointed under subsection 41 (4) for each region;
and

P^Yes^of""* 35.— (1) The Chief Judge of the Provincial Division shall
Chief Judge direct and supervise the sittings of the Provincial Division and
of Provincial the assignment of its judicial duties. 1984, c. 11, s. 63 (5),
amended.

Regional

senior

judges,

Provincial

Division

(2) A regional senior judge of the Provincial Division shall,
subject to the authority of the Chief Judge of the Provincial

1989

COURTS OF JUSTICE

Bill 2

Division, exercise the powers and perform the duties of the
Chief Judge of the Provincial Division in his or her region.

(3) A regional senior judge of the Provincial Division may Delegation
delegate to a judge of the Provincial Division in his or her
region the authority to exercise specified functions. New.

(4) If the Chief Judge of the Provincial Division is absent rh^PTd^
from Ontario or is for any reason unable to act, his or her of Provhiaai
powers and duties shall be exercised and performed by a Division
regional senior judge of the Provincial Division designated by

the Chief Judge of the Provincial Division. 1984, c. 11,
s. 63 (7), amended.

(5) The powers and duties of a regional senior judge of the Absence of
Provincial Division who is absent from Ontario or is for any ^nior%dge
reason unable to act shall be exercised and performed by a of Provincial
judge of the Provincial Division designated by the Chief Judge

of the Provincial Division. New.

36. — (1) The Chief Judge of the Ontario Court (Provincial Judges

^ ' ° ^ assigned to

regions

Division) shall assign every provincial judge to a region.

(2) Subsection (1) does not prevent the temporary assign- ^^^^
ment of a provincial judge to a location anywhere in Ontario.

New.

37. — (1) A provincial judge has the power and authority 9"."\H'*!

of two or more justices of the peace when sitting in the
Provincial Division and shall exercise the powers and perform
the duties that any Act of the Parliament of Canada confers
on a provincial court judge when sitting in the Provincial
Division. 1984, c. 11, s. 67 (1), amended.

jurisdiction

(2) The Provincial Division shall perform any function
assigned to it by or under the Provincial Offences Act, the
Family Law Act, 1986, the Children's Law Reform Act, the
Child and Family Services Act, 1984 or any other Act. 1984,
c. 11, s. 69, s. 75 (1) (a), (k), amended.

(3) The Provincial Division is a youth court for the pur-
poses of the Young Offenders Act (Canada). 1984, c. 11,
s. 67 (2), s. 75 (1) (b), amended.

Provincial
offences and
family
jurisdiction
R.S.O. 1980,
c. 400
1986, c. 4
R.S.O. 1980,
c. 68
1984, c. 55

Youth court
jurisdiction
R.S.C. 1985,
c. Y-1

38. — (1) A proceeding in the Provincial Division shall be Judge to
heard and determined by one judge of the Provincial Division. ^'^^^' ^
1984, c. 11, s. 66 (2), s. 74 (2), amended.

Bill 2

COURTS OF JUSTICE

1989

Justice of the (2) A justicc of the pcacc may preside over the Provincial
preside'"^^ Division in a proceeding under the Provincial Offences Act.
R.s.o. 1980, 1984, c. 11, s. 68 (2), amended.

c. 400

Appeals 39^ — (^^ If no provision is made concerning an appeal

from an order of the Provincial Division, an appeal hes to the
General Division.

Exception

R.S.C. 1985,
c. C-46

(2) Subsection (1) does not apply to a proceeding under the
Criminal Code (Canada) or the Provincial Offences Act.
1987, c. 1, s. 6, amended.

Penalty for
disturbance
outside
courtroom

40. Any person who knowingly disturbs or interferes with
a proceeding in the Provincial Division without reasonable
justification while outside the courtroom is guilty of an
offence and on conviction is liable to a fine of not more than
$1,000 or to imprisonment for a term of not more than thirty
days, or to both. 1984, c. 11, s. 72, amended.

PROVINCIAL JUDGES

^f^'ToviS ^^' — (^) ^^^ Lieutenant Governor in Council, on the
j'udler*"'^'^ recommendation of the Attorney General, may appoint such
provincial judges as are considered necessary.

Qualifications

Chief Judge

(2) No person shall be appointed as a provincial judge
unless he or she has been a member of the bar of one of the
provinces of Canada for at least ten years. 1984, c. 11, s. 52.

(3) The Lieutenant Governor in Council may appoint a
provincial judge as Chief Judge of the Provincial Division.
1984, c. 11, s. 63 (1), amended.

Regional
senior judges

Term of
office

(4) The Lieutenant Governor in Council may appoint a
provincial judge to be the regional senior judge of the Provin-
cial Division for each region.

(5) The Chief Judge of the Provincial Division and the
regional senior judges of the Provincial Division shall hold
office for five years.

Idem

(6) If a successor is not appointed within five years, the
Chief Judge or a regional senior judge shall continue in office
until the successor is appointed, but in no case shall the Chief
Judge or regional senior judge hold office for more than seven
years.

^i^d^rS^'"^ (^) ^ ^^^^^ J"^S^ or ^ regional senior judge whose term of
office expires under subsection (5) or (6) shall continue to

1989 COURTS OF JUSTICE Bill 2 15

hold the office of provincial judge and is entitled to an annual
salary equal to the greater of,

(a) the current annual salary of a provincial judge; or

(b) the annual salary he or she received immediately
before ceasing to be Chief Judge or regional senior
judge.

(8) A Chief Judge or regional senior judge whose term of Chief Judge,
office expires under subsection (5) or (6) shall not be be*^ ' "°
reappointed to the same position. New. reappointed

42. — (1) A provincial judge shall devote his or her whole ot^^r
time to the performance of his or her duties as a judge, except ^""P^y™^"*
as authorized by the Lieutenant Governor in Council.

(2) Despite subsection (1), a provincial judge who, before *<*em
the 1st day of January, 1985, had the consent of the Attorney
General to act as an arbitrator or conciliator may continue to
so act. 1984, c. 11, s. 53, amended.

43. — (1) Every provincial judge shall retire upon attaining Retirement
the age of sixty-five years.

(2) Despite subsection (1), a provincial judge appointed as Wem
a fiiU-time magistrate, judge of a juvenile and family court or
master before the 2nd day of December, 1968 shall retire
upon attaining the age of seventy years.

(3) A judge who has attained the age of sixty-five years Continuation
may, subject to the annual approval of the Chief Judge of the offuSe ^^^ '"
Provincial Division, continue in office as a full-time or part-
time judge until he or she attains the age of seventy years.

(4) A judge who has attained the age of seventy years may, wem
subject to the annual approval of the Judicial Council, con-
tinue in office as a full-time or part-time judge until he or she

has attained the age of seventy-five years.

(5) A regional senior judge of the Provincial Division who continuation
is in office upon attaining the age of sixty-five years may, ^nio?j*"dge
subject to the annual approval of the Chief Judge of the in office
Provincial Division, continue in that office until he or she has
attained the age of seventy years.

(6) A regional senior judge of the Provincial Division who '<'«'"
is in office upon attaining the age of seventy years may, sub-
ject to the annual approval of the Judicial Council, continue

Bill 2

COURTS OF JUSTICE

1989

in that office until he or she has attained the age of seventy-
five years.

Continuation
in office of
Chief Judge
of Provincial
Division

(7) If the Chief Judge of the Provincial Division is in office
upon attaining the age for retirement under subsection (1) or
(2), he or she may, subject to the annual approval of the
Judicial Council, continue in that office until he or she has
attained the age of seventy-five years. 1984, c. 11, s. 54,
amended.

Resignation
of judge

Resignation
as Chief
Judge, etc.

44. — (1) A provincial judge may at any time resign from
his or her office by delivering a signed letter of resignation to
the Attorney General.

(2) A Chief Judge or a regional senior judge may, before
the expiry of his or her term of office under subsection 41 (5)
or (6), elect to hold the office of a provincial judge only, by
delivering a signed letter to that effect to the Attorney
General.

Effective
date

(3) A resignation or election under this section takes effect
on the day the letter is delivered to the Attorney General or,
if the letter specifies a later day, on that day. 1984, c. 11,
s. 55, s. 65, amended.

Removal for
cause

45. — (1) A provincial judge may be removed from office
before attaining retirement age only if,

(a) a complaint regarding the judge has been made to
the Judicial Council; and

(b) the removal is recommended by an inquiry held
under section 49 on the ground that the judge has
become incapacitated or disabled from the due exe-
cution of his or her office by reason of,

(i) infirmity,

(ii) conduct that is incompatible with the execu-
tion of his or her office, or

(iii) having failed to perform the duties of his or
her office.

Order for
removal

(2) An order removing a provincial judge from office under
this section may be made by the Lieutenant Governor on the
address of the Legislative Assembly. 1984, c. 11, s. 56,
amended.

1989 COURTS OF JUSTICE Bill 2 17

46. — (1) The Judicial Council for Provincial Judges is con- Judicial
tinued as the Ontario Judicial Council and shall be composed ^""'^''
of,

(a) the Chief Justice of Ontario, who shall preside over
the Ontario Judicial Council;

(b) the Associate Chief Justice of Ontario;

(d) the Chief Judge of the Ontario Court (Provincial
Division);

(e) the Treasurer of The Law Society of Upper
Canada; and

(f) not more than two other persons appointed by the
Lieutenant Governor in Council.

(2) A majority of members of the Judicial Council consti- Quonim
tutes a quorum and is sufficient for the exercise of all the
jurisdiction and powers of the Judicial Council.

(3) Such officers and employees of the Judicial Council as staff

are considered necessary may be appointed under the Public RS.o. i980.
Service Act. ' ^^^

(4) The Judicial Council may engage persons, including e^'F'^
counsel, to assist it in its investigations. 1984, c. 11, s. 57, '^^^^'^
amended.

(5) An investigation commenced by the Judicial Council Transition
before this section comes into force shall be continued by the
Judicial Council as it was constituted before this section comes

into force. New.

47. — (1) The functions of the Judicial Council are. Functions

(a) to consider all proposed appointments of provincial
judges and make a report on them to the Attorney
General;

(b) to receive and investigate complaints against provin-
cial judges.

(2) No action or other proceeding for damages shall be Liability for
instituted against the Judicial Council or any member or offi- '^^'"^^^
cer of it or any person acting under its authority for any act

Bill 2

COURTS OF JUSTICE

1989

Investigation
of complaints

Referral to
Chief Judge

done in good faith in the execution or intended execution of
its or his or her duty. 1984, c. 11, s. 58.

48. — (1) Where the Judicial Council receives a complaint
against a provincial judge, it shall take such action to investi-
gate the complaint as it considers advisable.

(2) The Judicial Council may transmit those complaints it
considers appropriate,

(a) concerning provincial judges to the Chief Judge of
the Provincial Division; and

(b) concerning masters to the Chief Judge of the
Ontario Court.

Proceedings
not public

(3) The proceedings of the Judicial Council shall not be
public, but it may inform the Attorney General respecting
matters that it has investigated and the Attorney General may
make public the fact that an investigation has been under-
taken.

Prohibiting
publication

(4) The Judicial Council may order that information or doc-
uments relating to its proceedings not be published or dis-
closed except as required by law.

Powers

R.S.O. 1980,
c. 411

(5) The Judicial Council has all the powers of a commission
under Part II of the Public Inquiries Act, which Part applies to
the investigation as if it were an inquiry under that Act.

Notice of
disposition

(6) When the Judicial Council has dealt with a complaint
regarding a provincial judge, it shall inform the following per-
sons of its disposition of the complaint:

Report and
recommen-
dations

1. The person who made the complaint.

2. If the complaint was brought to the attention of the
judge, the judge.

(7) The Judicial Council may report its opinion regarding
the complaint to the Attorney General and may recommend.

(a) that an inquiry be held under section 49;

(b) that the judge be compensated for all or part of the
costs incurred by the judge relating to the investiga-
tion.

Copy to
judge

(8) A copy of a report made under subsection (7) shall be
given to the judge.

1989 COURTS OF JUSTICE Bill 2 19

(9) The Judicial Council shall not make a report under sub- R'ght to be
section (7) unless the judge was notified of the investigation

and given an opportunity to be heard and to produce evidence
on his or her behalf.

(10) When the Judicial Council makes a report to the Publication
Attorney General under subsection (7), the Attorney General ° ^^^
may make all or part of the report public, if he or she is of the
opinion that it is in the public interest to do so. 1984, c. 11,

s. 59, amended.

49. — (1) The Lieutenant Governor in Council may inquiry
appoint a judge of the General Division to inquire into the
question whether a provincial judge should be removed from
office.

(2) The Public Inquiries Act applies to an inquiry under Powers
subsection (1). RSO- i^so,

(3) The report of the inquiry may recommend. Report

(a) that the judge be removed from office;

(b) that the judge be compensated for all or part of the
costs incurred by the judge relating to the inquiry.

(4) The report of the inquiry shall be laid before the Legis- Tabling of
lative Assembly if it is in session or, if not, within fifteen days ^^^^
after the commencement of the next session. 1984, c. 11,

s. 60, amended.

50. Every provincial judge is a justice of the peace and E^^iy
commissioner for taking affidavits. 1984, c. 11, s. 61. fildge"a*

justice

51. — (1) The committee known as the Ontario Provincial Provincial
Courts Committee is continued as the Provincial Judges Remuneration
Remuneration Commission. Commission

(2) The Commission shall be composed of the following Composition
three members: Commission

1. One appointed jointly by the associations represent-
ing provincial judges.

2. One appointed by the Lieutenant Governor in
Council.

3. One, who shall head the Commission, appointed
jointly by the bodies referred to in paragraphs 1 and

Bill 2

COURTS OF JUSTICE

1989

Function

Annual
report

(3) The function of the Provincial Judges Remuneration
Commission is to inquire into and make recommendations to
the Lieutenant Governor in Council respecting any matter
relating to the remuneration, allowances and benefits of pro-
vincial judges, including the matters referred to in clauses
53 (1) (b) and (c).

(4) The Commission shall make an annual report of its
activities to the Lieutenant Governor in Council.

Tabling of
recommen-
dations

(5) Recommendations of the Commission and its annual
report shall be laid before the Legislative Assembly if it is in
session or, if not, within fifteen days of the commencement of
the next session. 1984, c. 11, s. 88, amended.

MISCELLANEOUS

Meeting of
judges

52. — (1) The judges of the Ontario Court of Justice shall
meet at least once in each year, on a day fixed by the Chief
Judge of the Ontario Court, in order to consider this Act, the
rules of court and the administration of justice generally.

Idem

(2) The judges shall report their recommendations to the
Attorney General. 1984, c. 11, s. 10, amended.

Regional
meeting of
judges

(3) The judges of the Ontario Court of Justice in each
region shall meet at least once in each year, on a day fixed by
the regional senior judge of the General Division, in order to
consider this Act, the rules of court and the administration of
justice in the region generally.

Idem

(4) The judges shall report their recommendations to the
Attorney General. New.

Regulations 53, — (1) fhe Lieutenant Governor in Council may make
regulations,

(a) fixing the number of judges of the General Division
who are in addition to the Chief Judge, the regional
senior judges and the Senior Judge for the Unified
Family Court;

(b) fixing the remuneration of provincial judges and
masters;

(i) leave of absence and vacations,

1989 COURTS OF JUSTICE Bill 2 21

(ii) sick leave credits and payments in respect of
those credits,

(iii) pension benefits for provincial judges, masters
and their surviving spouses and children;

(d) prescribing territorial divisions for the Small Claims
Court and the place within each division where the
court office shall be located;

(e) prescribing the maximum amount of a claim in the
Small Claims Court for the purposes of subsection
23 (1);

(f) prescribing the maximum amount of a claim over
which a deputy judge may preside for the purposes
of subsection 24 (1);

(g) providing for the retention of fees by clerks, bailiffs
and referees of the Small Claims Court who are not

civil servants under the Public Service Act and des- R so. i980,
ignating divisions where clerks, bailiffs and referees
of the Small Claims Court may be appointed to a
position as a civil servant under that Act;

(h) prescribing for each region the minimum number of
judges of the General Division and of the Provincial
Division who are to be assigned to that region.
1984, c. 11, s. 4 (2), s. 20 (4), s. 87 (1), amended.

(2) A reduction in the number of judges of the General Wem
Division under clause (1) (a) does not affect appointments
existing at the time of the reduction. 1984, c. 11, s. 4 (2),
amended.

(3) Regulations made under clause (1) (c) may require Contributions
judges and masters to contribute from their salaries part of

the costs of benefits and may fix the amount of the contribu-
tions.

(4) A regulation made under clause (1) (c) may modify or Application
exclude the application of the Public Service Superannuation r.s.o. 1980,

Act. c. 419

(5) A regulation made under subsection (1) may be general Application
or particular in its application. 1984, c. 11, s. 20 (5-7), ° "^^guations
s. 87 (2-4), amended.

Bill 2

COURTS OF JUSTICE

1989

PART III

UNIFIED FAMILY COURT

Unified 54. The Unified Family Court is continued as a superior

Family Court ^^^^ ^^ ^^^^^.^ j^ ^^^ ^^^ ^j^^ Regional Municipality of

Hamilton- Wentworth. 1984, c. 11, s. 38, amended.
Composition 55, — (Y) The Unified Family Court shall be presided over

of court ,

by,

(a) a judge of the Ontario Court (General Division)
appointed as senior judge for the Unified Family
Court; or

(b) a judge of the Ontario Court (General Division),

who is authorized under subsection (4) to exercise the jurisdic-
tion of a judge of the Ontario Court (Provincial Division).

Duties of
senior judge

(2) The senior judge for the Unified Family Court shall
supervise and direct the sittings and the assignment of the
judicial duties of the Unified Family Court.

Authority for (3) The Lieutenant Governor in Council may authorize a
DWisioT judge of the General Division to exercise the jurisdiction of a
matters judge of the Provincial Division.

Exercise of

existing

jurisdiction

(4) A judge who may preside over the Unified Family
Court shall exercise his or her jurisdiction as a judge of the
General Division or a judge of the Provincial Division in the
matters in which the General Division or the Provincial
Division or a judge of one of them has jurisdiction under the
statutory provisions set out in the Schedule to this Part.
1984, c. 11, s. 39; 1987, c. 1, s. 1, amended.

Proceedmgs 55. — (J) Proceedings taken in a court in The Regional
Family Court Municipality of Hamilton-Wentworth under the statutory pro-
visions set out in the Schedule to this Part, other than by way
of appeal, shall be commenced and titled in the Unified
Family Court and the jurisdiction of the court shall be exer-
cised in the Unified Family Court.

Idem

S.C. 1986,
c. 4

1986, c. 4
R.S.O. 1980,
c. 68

(2) A motion for interim relief under the Divorce Act, 1985
(Canada), the Family Law Act, 1986 or the Children's Law
Reform Act in a proceeding in the General Division shall be
heard in the Unified Family Court if it is required or permit-
ted to be heard in The Regional Municipality of Hamilton-
Wentworth by the rules of court or an order of the court.
1984, c. 11, s. 40 (1,2) amended.

1989

COURTS OF JUSTICE

Bill 2

(3) All proceedings in or transferred to the Unified Family No jury
Court shall be heard and determined without a jury. 1984,
c. 11, s. 40 (4), amended.

57. Where a proceeding is commenced in the Unified l^'^er
Family Court in a matter over which junsdiction may be exer-
cised in the Unified Family Court and is combined with a
related matter in the jurisdiction of the judge but respecting
which jurisdiction may not be exercised in the Unified Family
Court, the court may, with leave of the judge, hear and deter-
mine the combined matters. 1984, c. 11, s. 41, amended.

jurisdiction

58. — (1) The Unified Family Court may hear and deter- orders of

Drccicccssor

mine an application under an Act to discharge, vary or sus- court
pend an order made by the Provincial Court (Family Division)
of the Judicial District of Hamilton-Went worth.

(2) The Unified Family Court may enforce orders made by Enforcement
the Provincial Court (Family Division) of the Judicial District
of Hamilton- Wentworth. 1984, c. 11, s. 42, amended.

59. — (1) Subject to subsection (2), proceedings referred to '^J^^ggjllf'^^
in subsection 56 (1) may be commenced in the Unified Family commenced
Court where the applicant or the respondent resides in The
Regional Municipality of Hamilton- Went worth. 1984, c. 11,
s. 44 (1), amended.

(2) An application under Part III of the Children's Law
Reform Act in respect of a child who ordinarily resides in The
Regional Municipality of Hamilton- Wentworth may be com-
menced in the Unified Family Court. 1984, c. 11, s. 44 (2),
amended.

Idem,
custody or
access

R.S.O. 1980,
c. 68

(3) A judge who may preside over the Unified Family Transfer to
Court may, on motion, order that a proceeding commenced in
the Unified Family Court be transferred to the appropriate
court in a place where there is no Unified Family Court if, in
the opinion of the judge, there is a preponderance of conven-
ience for the matter to be dealt with by that court. 1984,
c. 11, s. 44(3).

(4) A judge of a court having jurisdiction in a proceeding Transfer
under a statutory provision set out in the Schedule to this Part court
in an area other than The Regional Municipality of Hamilton-
Wentworth may, on motion, order that the proceeding be
transferred to the Unified Family Court if, in the opinion of
the judge, there is a preponderance of convenience for the
matter to be dealt with by that court. 1984, c. 11, s. 44 (4),
amended.

Bill 2

COURTS OF JUSTICE

1989

Directions

Status of
orden

(5) A judge making an order under subsection (3) or (4)
may give such directions for the transfer as are considered
just. 1984,c. ll,s. 44(5).

60. An order of a judge presiding over the Unified Family
Court made in the exercise of his or her jurisdiction as a judge
of the Ontario Court (General Division) is an order of the
General Division for all purposes. 1984, c. 11, s. 45,

amended.

Appeals 51, — (1) Subject to subsection (2), a provision for an

appeal from an order made under the statutory provisions set
out in the Schedule to this Part applies to an order when
made in the exercise of the jurisdiction by a judge presiding
over the Unified Family Court.

Idem

(2) Where an order made by the Unified Family Court
under a statutory provision set out in the Schedule to this Part
is within the jurisdiction of the Ontario Court (General
Division) outside The Regional Municipality of Hamilton-
Wentworth, the order shall, for the purposes of an appeal, be
deemed to have been made by a judge of the General
Division. 1984, c. 11, s. 46 (1, 2), amended.

Idem

(3) Where no provision is made for an appeal from an
order of a judge presiding over the Unified Family Court, an
appeal lies.

(a) to the Court of Appeal from a final order, except
an order referred to in clause (b);

(b) to the Divisional Court from a final order,

(i) for a single payment of not more than
$25,000, exclusive of costs,

(ii) for periodic payments that amount to not
more than $25,000, exclusive of costs, in the
twelve months commencing on the date the
first payment is due under the order,

(iii) dismissing a claim for an amount that is not
more than the amount set out in subclause (i)
or (ii), or

(iv) dismissing a claim for an amount that is more
than the amount set out in subclause (i) or (ii)
and in respect of which the judge indicates
that if the claim had been allowed the amount

1989 COURTS OF JUSTICE Bill 2 25

awarded would have been not more than the
amount set out in subclause (i) or (ii); or

(c) to the Divisional Court from an interlocutory order,
with leave as provided in the rules of court. 1984,
c. 11, s. 46 (4), amended.

62. — (1) A judge presiding over the Unified Family Court ^"'™"^!

has all the powers of a judge sitting in the Ontario Court ^""^ "^ '""
(Provincial Division) for the purposes of proceedings under

the Criminal Code (Canada). R |C^ i985,

(2) The Unified Family Court shall be deemed to be and Wem
shall sit as the Provincial Division for the purpose of prosecu-
tions under the Family Law Act, 1986, the Children's Law i986, c. 4
Reform Act, the Minors' Protection Act and Part III (Child ^^-^^ l^f^^
Protection) and Part VII (Adoption) of the Child and Family 1984 ^ 55
Services Act, 1984.

(3) The Unified Family Court is a youth court for the pur- 'dem
pose of the Young Offenders Act (Canada). 1984, c. 11, RS.c. i985,
s. 47, amended.

63. A conciliation service may be established, maintained Conciliation

service

and operated as part of the Unified Family Court. 1984,
c. ll,s. 49.

64. — (1) The Lieutenant Governor in Council may make '^"'^s
rules for the Unified Family Court in relation to the practice
and procedure of the court and may make rules for the court,
even though they alter or conform to the substantive law, in
relation to,

(a) conduct of proceedings in the court;

(b) joinder of claims and parties, and representation of
parties;

(d) discovery and other forms of disclosure before hear-
ing, including their scope and their admissibility and
use in a proceeding;

(e) examination of witnesses in or out of court;

(f) duties of clerks and other officers;

Bill 2

COURTS OF JUSTICE

1989

Idem

(g) references of proceedings or issues in a proceeding
and the powers of a person conducting a reference;

(h) costs of proceedings;

(i) enforcement of orders and process;

(j) payment into and out of court;

(k) any matter that is referred to in an Act as provided
for by rules of court.

(2) Nothing in subsection (1) authorizes the making of rules
that conflict with an Act, but rules may be made under sub-
section (1) supplementing the provisions of an Act in respect
of practice and procedure.

(3) The rules of court made under Part V do not apply to
proceedings in the Unified Family Court. 1984, c. 11, s. 51,
amended.

SCHEDULE

Jurisdiction under the following statutory provisions:

Statutes

Provisions

Annulment of Marriages Act
(Ontario) (Canada)

All

Change of Name Act, 1986

All

. Child and Family Services Act, 1984

Parts III, VI and
VII

Children's Law Reform Act

All, except sections
60 and 61

Divorce Act, 1985 (Canada)

All

Education Act

Sections 29 and 30

Family Law Act, 1986

All, except Part V

Marriage Act

Sections 6 and 9

Minors' Protection Act

Section 2

10.

Reciprocal Enforcement of
Maintenance Orders Act, 1982

All

11.

Support and Custody Orders
Enforcement Act, 1985

All

12.

Young Offenders Act (Canada)

All

1989 COURTS OF JUSTICE Bill 2 27

PART IV

RULES OF COURT

65. — (1) The Civil Rules Committee is established and civii Rules
shall be composed of, ommittee

(a) the Chief Justice of Ontario, the Associate Chief
Justice of Ontario, the Chief Judge of the Ontario
Court and the Chief Judge of the Ontario Court
(Provincial Division);

(b) one judge of the Court of Appeal, who shall be
appointed by the Chief Justice of Ontario;

(c) nine judges of the Ontario Court (General Divi-
sion), who shall be appointed by the Chief Judge of
the Ontario Court;

(d) the Attorney General or a person designated by the
Attorney General;

(e) one law officer of the Crown, who shall be
appointed by the Attorney General;

(f) two persons employed in the administration of the
courts, who shall be appointed by the Attorney
General;

(g) four barristers and solicitors, who shall be
appointed by the Benchers of The Law Society of
Upper Canada in convocation;

(h) one barrister and solicitor, who shall be appointed
by the Chief Justice of Ontario; and

(i) four barristers and solicitors, who shall be
appointed by the Chief Judge of the Ontario Court.

(2) The Chief Justice of Ontario shall preside over the Civil '<^em
Rules Committee but, if the Chief Justice of Ontario is absent

or so requests, another member designated by the Chief
Justice of Ontario shall preside.

(3) Each of the members of the Civil Rules Committee Tenure of
appointed under clauses (1) (b), (c), (e), (f), (g), (h) and (i)
shall hold office for a period of three years and is eligible for
reappointment.

office

28 Bill 2 COURTS OF JUSTICE 1989

Vacancies (4) Where a vacancy occurs among the members appointed

under clause (1) (b), (c), (e), (f), (g), (h) or (i), a new mem-
ber similarly qualified may be appointed for the remainder of
the unexpired term.

Quorum (5) A majority of the members of the Civil Rules Commit-

tee constitutes a quorum. 1984, c. 11, s. 89, amended.

Civil Rules 55. — (1) Subject to the approval of the Lieutenant Gover-

nor in Council, the Civil Rules Committee may make rules for
the Court of Appeal and the Ontario Court (General Divi-
sion) in relation to the practice and procedure of those courts
in all civil proceedings, including family law proceedings.

Idem (2) The Civil Rules Committee may make rules for the

courts described in subsection (1), even though they alter or
conform to the substantive law, in relation to,

(a) conduct of proceedings in the courts;

(b) joinder of claims and parties, settlement of claims
by or against persons under disability, whether or
not a proceeding has been commenced in respect of
the claim, the binding effect of orders and repre-
sentation of parties;

(d) disposition of proceedings without a hearing and its
effect and authorizing the Court of Appeal to deter-
mine in the first instance a special case arising in a
proceeding commenced in the Ontario Court
(General Division);

(e) pleadings;

(f) discovery and other forms of disclosure before hear-
ing, including their scope and the admissibility and
use of that discovery and disclosure in a proceeding;

(g) examination of witnesses in or out of court;

(h) jurisdiction of masters, including the conferral on
masters of any jurisdiction of the Ontario Court
(General Division), including jurisdiction under an
Act, but not including the trial of actions or juris-
diction conferred by an Act on a judge;

1989 COURTS OF JUSTICE Bill 2 29

(i) jurisdiction and duties of officers;

(j) motions and applications, including the hearing of
motions in the absence of the public and prohibiting
a party from making motions without leave;

(k) preservation of rights of parties pending the out-
come of litigation, including sale, recovery of pos-
session or preservation of property;

(1) interpleader;

(m) preparation for trial and offers to settle and their
legal consequences;

(n) the mode and conduct of trials;

(o) the appointment by the court of independent
experts, their remuneration and the admissibility
and use of their reports;

(p) the discount rate to be used in determining the
amount of an award in respect of future pecuniary
damages;

(q) references of proceedings or issues in a proceeding
and the powers of a person conducting a reference;

(r) costs of proceedings, including security for costs and
a solicitor's liability for or disentitlement to costs;

(s) enforcement of orders and process or obligations
under the rules;

(t) the time for and procedure on appeals and stays
pending appeal;

(u) payment into and out of court;

(v) any matter that is referred to in an Act as provided
for by rules of court.

(3) Nothing in subsection (1) or (2) authorizes the making J<^«'"
of rules that conflict with an Act, but rules may be made
under subsections (1) and (2) supplementing the provisions of
an Act in respect of practice and procedure. 1984, c. 11,
s. 90, amended.

67. — (1) The Family Rules Committee is established and ^^^-^^^^^
shall be composed of.

30 Bill 2 COURTS OF JUSTICE 1989

(a) the Chief Justice of Ontario, the Associate Chief
Justice of Ontario, the Chief Judge of the Ontario
Court and the Chief Judge of the Ontario Court
(Provincial Division);

(b) the senior judge for the Unified Family Court;

(d) three judges of the Ontario Court (General Divi-
sion), who shall be appointed by the Chief Judge of
the Ontario Court;

(e) four judges of the Ontario Court (Provincial Divi-
sion), who shall be appointed by the Chief Judge of
the Ontario Court (Provincial Division);

(f) the Attorney General or a person designated by the
Attorney General;

(g) one law officer of the Crown, who shall be
appointed by the Attorney General;

(h) two persons employed in the administration of the
courts, who shall be appointed by the Attorney
General;

(i) four barristers and solicitors, who shall be
appointed by the Benchers of The Law Society of
Upper Canada in convocation;

(j) two barristers and solicitors, who shall be appointed
by the Chief Judge of the Ontario Court; and

(k) two barristers and solicitors, who shall be appointed
by the Chief Judge of the Ontario Court (Provincial
Division).

^*'*™ (2) The Chief Justice of Ontario shall preside over the

Family Rules Committee but, if the Chief Justice of Ontario is
absent or so requests, another member designated by the
Chief Justice shall preside.

1'^'' °^ (3) Each of the members of the Family Rules Committee

appointed under clauses (1) (c), (d), (e), (g), (h), (i), (j) and
(k) shall hold office for a period of three years and is eligible
for reappointment.

1989 COURTS OF JUSTICE Bill 2 31

(4) Where a vacancy occurs among the members appointed Vacancies
under clause (1) (c), (d), (e), (g), (h), (i), (j) or (k), a new
member similarly qualified may be appointed for the remain-
der of the unexpired term.

(5) A majority of the members of the Family Rules Quorum
Committee constitutes a quorum. New.

68. — (1) Subject to the approval of the Lieutenant Gover- Family Rules
nor in Council, the Family Rules Committee may make rules
for the Court of Appeal, the Ontario Court (General Divi-
sion) and the Ontario Court (Provincial Division) in relation
to the practice and procedure of those courts in proceedings
under statutory provisions set out in the Schedule to Part III
(Unified Family Court), except proceedings under the Young RS.c. 1985,
Offenders Act (Canada).

c. Y-l

(2) Subsections 66 (2) and (3) apply with necessary modifi- '^em
cations to the Family Rules Committee making rules for the
courts described in subsection (1).

(3) The rules made by the Family Rules Committee may May modify
adopt, modify or exclude the rules made by the Civil Rules '^'^' ^^^
Committee.

(4) Subject to the approval of the Lieutenant Governor in Rules for
Council, the Family Rules Committee may prepare rules for offenders Act
the purpose of section 68 of the Young Offenders Act
(Canada) for consideration by the Ontario Court (Provincial
Division). New.

69. — (1) The Criminal Rules Committee is established and criminal
shall be composed of, committee

(a) the Chief Justice of Ontario, the Associate Chief
Justice of Ontario, the Chief Judge of the Ontario
Court and the Chief Judge of the Ontario Court
(Provincial Division);

(b) one judge of the Court of Appeal, who shall be
appointed by the Chief Justice of Ontario;

(c) three judges of the Ontario Court (General Divi-
sion), who shall be appointed by the Chief Judge of
the Ontario Court;

(d) four judges of the Ontario Court (Provincial
Division), who shall be appointed by the Chief
Judge of the Ontario Court (Provincial Division);

Bill 2

COURTS OF JUSTICE

1989

(e) one justice of the peace, who shall be appointed by
the Chief Judge of the Ontario Court (Provincial
Division);

(f) the Attorney General or a person designated by the
Attorney General;

(g) one law officer of the Crown, who shall be
appointed by the Attorney General;

(h) three Crown attorneys, deputy Crown attorneys or
assistant Crown attorneys, who shall be appointed
by the Attorney General;

(i) two persons employed in the administration of the
courts, who shall be appointed by the Attorney
General;

Idem

Tenure of
office

Vacancies

Quorum

(j) two barristers and solicitors, who shall be appointed
by the Benchers of The Law Society of Upper
Canada in convocation;

(k) one barrister and solicitor, who shall be appointed
by the Chief Justice of Ontario;

(1) one barrister and solicitor, who shall be appointed
by the Chief Judge of the Ontario Court; and

(m) one barrister and solicitor, who shall be appointed
by the Chief Judge of the Ontario Court (Provincial
Division).

(2) The Chief Justice of Ontario shall preside over the
Criminal Rules Committee but, if the Chief Justice of Ontario
is absent or so requests, another member designated by the
Chief Justice of Ontario shall preside.

(3) Each of the members of the Criminal Rules Committee
appointed under clauses (1) (b), (c), (d), (e), (g), (h), (i), (j),
(k), (1) and (m) shall hold office for a period of three years
and is eligible for reappointment.

(4) Where a vacancy occurs among the members appointed
under clause (1) (b), (c), (d), (e), (g), (h), (i), (j), (k), (1) or
(m), a new member similarly qualified may be appointed for
the remainder of the unexpired term.

(5) A majority of the members of the Criminal Rules
Committee constitutes a quorum. New.

1989 COURTS OF JUSTICE Bill 2 33

70. — (1) Subject to the approval of the Lieutenant Cover- ^J™"^'
nor in Council, the Criminal Rules Committee may prepare
rules for the purposes of section 482 of the Criminal Code RS;C. i985,
(Canada) for consideration by the Court of Appeal, the
Ontario Court (General Division) and the Ontario Court
(Provincial Division).

(2) Subject to the approval of the Lieutenant Governor in Provincial

i^ IT oricnccs rules

Council, the Criminal Rules Committee may make rules for
the Court of Appeal, the Ontario Court (General Division)
and the Ontario Court (Provincial Division) in relation to the
practice and procedure of those courts in proceedings under
the Provincial Offences Act. New. RS.o. 1980,

•'•' c. 400

(3) The Criminal Rules Committee may make rules under ^^^^
subsection (2),

(a) regulating any matters relating to the practice and
procedure of proceedings under the Provincial
Offences Act;

(b) prescribing forms;

(d) prescribing and regulating the procedures under any
Act that confers jurisdiction under the Provincial
Offences Act on the Ontario Court (Provincial
Division) or a judge or justice of the peace sitting in
it;

(e) prescribing any matter relating to proceedings under
the Provincial Offences Act that is referred to in an
Act as provided for by the rules of court. 1984,
c. 11, s. 73 (3), amended.

3. Sections 92 and 93 of the said Act are repealed and the
following substituted therefor:

92. — (1) There shall be a committee, known as the g"^^"°
Ontario Courts Management Committee, composed of. Management

Committee

(a) the Chief Justice of Ontario;

(b) the Associate Chief Justice of Ontario;

(d) the Chief Judge of the Ontario Court (Provincial
Division);

Bill 2

COURTS OF JUSTICE

1989

Who to

preside

(e) the Attorney General;

(f) the Deputy Attorney General; and

(g) such other persons as are appointed by the Attor-
ney General after consultation with the persons
mentioned in clauses (a) to (d).

(2) The Chief Justice of Ontario, the Chief Judge of the
Ontario Court and the Attorney General or his or her desig-
nate shall, by rotation, preside over meetings of the Commit-
tee.

Function of
Committee

(3) The function of the Committee is to consider and
recommend policies and procedures to promote the better
administration of justice and the effective use of resources,
including judicial and other personnel, in the public interest.

New.

Regions for

judicial

purposes

Regulations

Regional
courts

management
committees

Who to
preside

92a. — (1) For judicial purposes, Ontario is divided into
the regions prescribed under subsection (2).

(2) The Lieutenant Governor in Council may make regu-
lations prescribing regions for the purpose of this Act. New.

92b. — (1) There shall be a committee in each region,
known as the Regional Courts Management Committee, com-
posed of,

(a) the regional senior judge of the Ontario Court
(General Division);

(b) the regional senior judge of the Ontario Court
(Provincial Division);

(d) the regional director of Crown attorneys;

(e) a barrister and solicitor who practises law in the
region, to be appointed by the Attorney General;
and

(f) such other persons as are appointed by the Attor-
ney General after consultation with the persons
mentioned in clauses (a) and (b).

(2) The persons mentioned in clauses (1) (a) to (d) shall, by
rotation, preside over meetings of the Committee.

1989 COURTS OF JUSTICE Bill 2 35

(3) The function of the Committee is to consider and Function of
recommend policies and procedures for the region to promote '"'"'
the better administration of justice and the effective use of
resources, including judicial and other personnel, in the public
interest.

(4) The Committee shall meet at least four times each year, ^^^^^^j^^ °^
New.

meetings

93. The powers and duties of a judge who has authority to Powers of
supervise and direct the sittings and the assignment of the regional
judicial duties of his or her court include the following: senior judge

1. Assigning cases to individual judges.

2. Determining the sitting schedules for individual
judges.

3. Determining the places of sittings for individual
judges.

4. Determining the total annual, monthly and weekly
workload of individual judges.

5. Preparing trial lists and assigning courtrooms, to the
extent necessary to control the determination of
who is assigned to hear particular cases. 1984,
c. 11, s. 93, amended.

4. Section 94 of the said Act is amended by adding thereto
the following subsections:

(2) A power or duty given to a registrar, sheriff, court Exercise of
clerk, assessment officer or official examiner under an Act, rejslrar?
regulation or rule of court may be exercised or performed by sheriff, etc.
a person or class of persons to whom the power or duty has

been assigned by the Deputy Attorney General or a person
designated by the Deputy Attorney General.

(3) Subsection (2) applies in respect of an Act, regulation ^<*e™
or rule of court made under the authority of the Legislature or

of the Parliament of Canada.

5. The said Act is amended by adding thereto the following
section:

95a. Documents and other material that are no longer Destruction
required in a court office shall be disposed of in accordance ° o^umens
with the directions of the Deputy Attorney General, subject
to the approval of.

Bill 2

COURTS OF JUSTICE

1989

(a) in the Court of Appeal, the Chief Justice of
Ontario;

(b) in the Ontario Court of Justice, the Chief Judge of
the Ontario Court of Justice;

6. Section 98 of the said Act is repealed and the following
substituted therefor:

Liability of
judges

98. Every judge of a court in Ontario and every master
has the same immunity from liability as a judge of the Ontario
Court (General Division).

7. Section 99 of the said Act is repealed and the following
substituted therefor:

Compen-
sation for
statutory
duties

99, Every judge who was a judge of the Supreme Court or
of the District Court before this section comes into force shall
be paid out of the Consolidated Revenue Fund the annual
sum of $3,000, payable quarterly, as compensation for the ser-
vices the judge is called on to render by any Act of the
Legislature in addition to his or her ordinary duties.

8. Subsection 100 (1) of the said Act is amended by striking
out "Supreme Court or the District Court" in the first and
second lines and inserting in lieu thereof "Court of Appeal or
the Ontario Court (General Division)".

9. The said Act is further amended by adding thereto the
following sections:

Judges'
gowns

100a. The Lieutenant Governor in Council may make
regulations respecting the form of the gown to be worn in
court by all judges appointed after this section comes into
force.

JJoj^i"«iges 100b.— (1) Every judge of the Ontario Court of Justice
addressed and the Unified FamUy Court may be addressed as "Your
Honour" or as "Judge {naming the judge)".

Idem

(2) A judge appointed to the High Court of Justice before
this section comes into force may elect to be addressed
according to the practice in existence before this section
comes into force.

1989

COURTS OF JUSTICE

Bill 2

10. Section 101 of the said Act is repealed and the following
substituted therefor:

101. — (1) Every person who was a master of the Supreme Masters
Court before this section comes into force is a master of the
Ontario Court (General Division). New.

(2) Every master has the jurisdiction conferred by the rules Jurisdiction
of court in proceedings in the General Division. 1984, c. 11,

s. 20 (3).

(3) Sections 42 to 49 apply with necessary modifications to Application
masters in the same manner as to provincial judges. 1984, ss. 42-49
c. 11, s. 20 (11), amended.

101a. — (1) Money paid into the Ontario Court (General Money
Division) shall be paid to the Accountant of the Ontario Arcountant
Court and such money and securities in which the money is
invested are vested in the Accountant.

(2) Mortgages and other securities taken under an order of Security held
the Ontario Court (General Division) and instruments taken Accountant
as security in respect of a proceeding in the Ontario Court
(General Division) shall be taken in the name of the Accoun-
tant and shall be deposited in his or her office, except where

an order provides otherwise.

(3) The Accountant has no duty or obligation in respect of Wem
the instruments deposited under subsection (2) except as cus-
todian of the instruments, unless an order of the court pro-
vides otherwise.

(4) The Provincial Auditor shall examine' and report on the Audit by
accounts and financial transactions of the Accountant. 1984, Auditor
c. 11, s. 22, amended.

101b. — (1) The finance committee is continued and shall Finance
be composed of three persons appointed by the Lieutenant "'™™ ^
Governor in Council.

(2) The finance committee has control and management of Management
the money in the Ontario Court (General Division), the hmds"
investment of the money and the securities in which it is
invested.

(3) Money that is available for investment shall be invested investment of

in investments in which the Treasurer of Ontario may invest "'"

public money under section 3 of the Financial Administration R so. i980,

Act. ^ '''

Bill 2

COURTS OF JUSTICE

1989

Employment
of trust
company

(4) The finance committee may employ a trust company to
make the investments or act as custodian of the securities pur-
chased as investments.

Interest

(5) The finance committee may provide for the payment of
interest on money paid into the General Division and may fix
the rate of interest so paid.

Reserve
funds

(6) The finance committee may establish such reserve funds
as it considers necessary. 1984, c. 11, s. 23, amended.

11. Subsection 102 (3) of the said Act is amended by
striking out ** Rules of Civil Procedure" in the third line and
inserting in lieu thereof "rules of court".

12. Section 103 of the said Act is repealed and the following
substituted therefor:

Assessment
officers

103. — (1) The Lieutenant Governor in Council, on the
recommendation of the Attorney General, may appoint
assessment officers.

Idem

(2) Every master is an assessment officer.

Jurisdiction

(3) Every assessment officer has jurisdiction to assess costs
in a proceeding in any court.

Appeal from
assessment of
costs before
tribunal

(4) Where costs of a proceeding before a tribunal other
than a court are to be assessed by an assessment officer,

(a) the rules of court governing the procedure on an
assessment of costs apply with necessary modifica-
tions; and

(b) an appeal lies to the Ontario Court (General
Division) from a certificate of assessment of the
costs if an objection was served in respect of the
issue appealed in accordance with the rules of court.

13. — (1) Subsection 104 (1) of the said Act is repealed.

(2) Subsection 104 (2) of the said Act is amended by striking
out **additional" in the second line.

14. — (1) Subsection 108 (2) of the said Act is amended by
striking out "and" where it occurs the second time in the third
line and by inserting after "hearing)" in the fourth line "and
153a (where procedures not provided)".

1989 COURTS OF JUSTICE Bill 2 39

(2) Subsection 108 (3) of the said Act is amended by striking
out **and" in the second line, by inserting after "hearings)" in
the third line "and 153a (where procedures not provided)" and
by striking out "Offences Court" in the sixth and seventh lines
and inserting in lieu thereof "Division".

15. Subsection 109 (3) of the said Act is repealed and the
following substituted therefor:

(3) Only the Court of Appeal, the Unified Family Court Jurisdiction
and the Ontario Court (General Division), excluding the rdie^f^""^
Small Claims Ck)urt, may grant equitable relief, unless other-
wise provided.

16. Section 110 of the said Act is amended by striking out
"Supreme Court, the District Court and the Unified Family
Court" in the first and second lines and inserting in lieu
thereof "Court of Appeal, the Unified Family Court and the
Ontario Court (General Division), excluding the Small Claims
Court".

17. Subsection 114 (1) of the said Act is amended by
striking out "Supreme Court, the District Court or the Unified
Family Court" in the first and second lines and inserting in
lieu thereof "Unified Family Court or the Ontario Court
(General Division), excluding the Small Claims Court".

18. — (1) Subsection 118 (1) is repealed and the following
substituted therefor:

(1) In this section, "health practitioner" means a person "health
licensed to practise medicine or dentistry in Ontario or any dSned'"*'^
other jurisdiction, a psychologist registered under the Psychol- r.s.o. 1980,
agists Registration Act or a person certified or registered as a '^ '*^
psychologist by another jurisdiction.

(2) Subsection 118 (2) of the said Act is amended by striking
out "medical" in the fourth line and inserting in lieu thereof
"health".

(3) Subsection 118 (5) of the said Act is amended by striking
out "medical" in the second line and inserting in lieu thereof
"health".

19. Subsections 120 (2) and (3) of the said Act are repealed
and the following substituted therefor:

(2) A proceeding in the Small Claims Court shall not be Transfer
transferred under clause (1) (d) to the Ontario Court (General Sms alurt

40 Bill 2 COURTS OF JUSTICE 1989

Division) without the consent of the plaintiff in the proceeding
in the Small Claims Court.

Idem (2a) A proceeding in the Small Claims Court shall not be

required under subclause (1) (e) (ii) to be asserted by way of
counterclaim in a proceeding in the Ontario Court (General
Division) without the consent of the plaintiff in the proceeding
in the Small Claims Court.

Motions (3) The motion shall be made to a judge of the Ontario

Court (General Division).

20. — (1) Subsection 121 (1) of the said Act is amended by
striking out "a Supreme Court or District Court" in the first
line and inserting in lieu thereof "an Ontario Court (General
Division)".

(2) Subsection 121 (2) of the said Act is amended by striking
out "Actions in which a claim is made for any of the following
kinds of relief shall be heard without a jury:" in the first and
second lines and inserting in lieu thereof "The issues of fact
and the assessment of damages in an action shall be tried with-
out a jury in respect of a claim for any of the foUowii^ kinds of
relief:".

(3) Paragraph 3 of the said subsection 121 (2) is amended by
striking out ^^ Family Law Reform Acf^ in the first and second
lines and inserting in lieu thereof **Family Law Act, 1986^\

21. Subsection 122 (2) of the said Act is amended by
striking out "Rules of Civil Procedure" in the second line and
inserting in lieu thereof "rules of court".

22. Subsection 124 (2) of the said Act is repealed and the
following substituted therefor:

Idem (2) Mutual debts may be set off against each other even if

they are of a different nature.

23. Clause 129 (b) of the said Act is amended by striking
out ^'Family Law Reform Aci*^ in the first line and inserting in
lieu thereof ''Family Law Act, 1986'\

24.— (1) Clause 133 (1) (a) of the said Act is amended by
striking out "the" in the first line and inserting in lieu thereof
"a".

(2) Clause 133 (1) (b) of the said Act is amended by striking
out "local judge or".

1989 COURTS OF JUSTICE Bill 2 41

25. — (1) Subsection 136 (6) of the said Act is amended by
striking out "Provincial Court (Family Division) or the Provin-
cial Court (Civil Division)'' in the second and third lines and
inserting in lieu thereof "Ontario Court (Provincial Division)
or the Small Claims Court".

(2) Subsection 136 (7) of the said Act is amended by striking
out "in the Provincial Offences Court where it is'* in the
second and third lines and inserting in lieu thereof "under the
Provincial Offences Act in".

26. Subsection 137 (2) of the said Act is amended by
striking out "the Registrar of the Supreme Court" in the first
and second lines and inserting in lieu thereof "a person desig-
nated by the Deputy Attorney General".

27. — (1) Subsection 150 (1) of the said Act is amended by
striking out "Supreme Court" in the first line and in the last
line and inserting in lieu thereof in each instance "Ontario
Court (General Division)".

(2) Subsection 150 (3) of the said Act is amended by striking
out "Supreme Court" in the fourth line and inserting in lieu
thereof "Ontario Court (General Division)".

28. The said Act is further amended by adding thereto the
following sections:

150a.— (1) Unless an Act provides otherwise, orders of a Jmi orders
court arising out of a civil proceeding and enforceable in shcrife
Ontario shall be directed to the sheriff for enforcement.

(2) A sheriff who believes that the execution of an order Police to
may give rise to a breach of the peace may require a police ^'^
officer to accompany the sheriff and assist in the execution of
the order.

153a. Jurisdiction conferred on a court, a judge or a jus- ^^'^
tice of the peace shall, in the absence of express provision for not prov^ed
procedures for its exercise in any Act, regulation or rule, be
exercised in any manner consistent with the due administra-
tion of justice. 1984, c. 11, s. 62, amended.

29. Sections 157 and 158 of the said Act are repealed and
the following substituted therefor:

Bill 2

COURTS OF JUSTICE

1989

Continuation 157. A proceeding pending in a court set out in column 1
pEoceedings of the Table when this section comes into force is continued in
in former the court sct out oppositc to it in column 2.

courts

TABLE

Column 1

1. High Court of Justice

2. District Court

3. surrogate court

4. Provincial Court
(Criminal Division)

5. Provincial Court
(Family Division)

6. Provincial Offences Court

7. Provincial Court
(Civil Division)

Column 2

Ontario Court
(General Division)

Ontario Court
(Provincial Division)

Small Claims Court

Former Chief
Judge, etc.

Former

Senior

Nfaster

158. — (1) A provincial judge who was a Chief Judge,
Associate Chief Judge or senior judge of the Provincial Court
(Criminal Division), the Provincial Court (Family Division) or
the Provincial Court (Civil Division) immediately before this
section comes into force shall continue to hold the office of
provincial judge, is entitled to retain the title of Chief Judge,
Associate Chief Judge or senior judge, as the case may be,
and is entitled to an annual salary equal to the greater of,

(a) the current annual salary of a provincial judge; or

(b) the annual salary the judge received immediately
before this section comes into force.

(2) A master who was the Senior Master immediately
before this section comes into force shall continue to hold the
office of master, is entitled to retain the title of Senior Master
and is entitled to an annual salary equal to the greater of,

(a) the current annual salary of a master; or

(b) the annual salary the master received immediately
before this section comes into force.

Documents
filed

158a. A document filed in court that refers to a court set
out in column 1 of the Table to section 160 is not by that rea-
son mvalid and shall be deemed to refer to the court set out
opposite to it in column 2.

1989

COURTS OF JUSTICE

Bill 2

30. Section 159 of the said Act is repealed and the follow-
ing substituted therefor:

159. Where, by an Act or regulation, jurisdiction is con-
ferred on a particular court set out in column 1 of the Table,
the jurisdiction shall be deemed to be conferred on the corre-
sponding court set out in column 2 sitting in the county or dis-
trict of the court named.

Reference to

territorial

jurisdiction

TABLE

Column 1

Column 2

county or district court
(General Division)

Ontario Court

surrogate court
(General Division)

Ontario Court

provincial court
(family division)

Ontario Court
(Provincial Division)

provincial offences court
(Provincial Division)

Ontario Court

small claims court

Small Claims Court

31. Section 160 of the said Act is repealed and the following
substituted therefor:

160. A reference in an Act, rule or regulation to a court References to
set out in column 1 of the Table is deemed to be a reference "*"
to the court set out opposite to it in column 2.

TABLE

Column 1

Column 2

Supreme Court

Ontario Court
(General Division)

High Court of Justice

Ontario Court
(General Division)

county or district court

Ontario Court
(General Division)

District Court

Ontario Court
(General Division)

surrogate court

Ontario Court
(General Division)

small claims court

Small Claims Court

Provincial Court
(Civil Division)

Small Claims Court

provincial court
(criminal division)

Ontario Court
(Provincial Division)

Provincial Court
(Criminal Division)

Ontario Court
(Provincial Division)

Bill 2

COURTS OF JUSTICE

1989

10. provincial court
(family division)

11. Provincial Court
(Family Division)

12. provincial offences court

13. Provincial Offences Court

Ontario Court
(Provincial Division)

Changes in
terminology

160a. — (1) A reference in any Act, rule or regulation, or
order or other court process, to a term set out in column 1 of
the Table, or any form thereof, is deemed to refer to the cor-
responding term set out opposite thereto in column 2.

TABLE

Column 1

Column 2

Accountant of the Supreme

Accountant of the Ontario

Court

administrator ad litem

litigation administrator

certificate of lis pendens

certificate of pending
litigation

conduct money

attendance money

guardian ad litem

litigation guardian

judicial district

county or district

local judge of the High

judge of the Ontario

Court

Court (General Division)

local judge of the Supreme

judge of the Ontario

Court

Court (General Division)

next friend

litigation guardian

10.

originating motion

application

11.

originating notice

notice of application

12.

praecipe

requisition

13.

provisional judicial district

territorial district

14.

a registrar of a surrogate

the local registrar of the

court

Ontario Court
(General Division)

15.

Rules of Civil Procedure

rules of court

16.

Rules Committee

applicable rules committee

17.

Rules Committee of the

applicable rules

Supreme and District

committee

Courts

18.

Rules of Practice and
Procedure of the Supreme
Court of Ontario made by
the Rules Conmiittee

rules of court

19.

special examiner

official examiner

20.

Surrogate Clerk for

Estate Registrar for

Ontario

1989

COURTS OF JUSTICE

Bill 2

21.

taxation of costs

22.

taxing officer

23.

writ of fieri facias

24.

writ of summons

assessment of costs

assessment officer

writ of seizure and sale

statement of claim or
notice of action

(2) A reference in any Act, rule or regulation to the surro- Wem,

^ ' . /• •• ^ j->.->.-j j^ surrogate

gate registrar for a particular county or distnct is deemed to registrar for
be a reference to the local registrar of the Ontario Court a county
(General Division) for that county or district.

(3) A reference in any Act, rule or regulation to the clerk ^j^™^„"Jj
of a county or district court of a particular county or district is ° * "'""
deemed to be a reference to the local registrar of the Ontario

Court (General Division) for that county or district.

(4) A reference in any Act, rule or regulation to an order, [J|J^;^°,'jf^Jg
direction or decision filed with the Registrar of the Supreme Registrar
Court is deemed to be a reference to an order, direction or
decision filed with the Ontario Court (General Division). -

160b. Where an Act, rule or regulation provides that a g^"U^"'^
document is to be filed with, certified to, forwarded to or appeal to
transmitted to the Supreme Court or the Registrar of the ^'jj^^"^'
Supreme Court for the purpose of an appeal to the Divisional
Court, that document shall be filed with, certified to, for-
warded to or transmitted to, as the case may be, the Divi-
sional Court.

160c. — (1) A reference in this Act or any other Act, rule ^y^^[?"'^/°
or regulation to a county or district for judicial purposes is judicial
deemed to be a reference to the corresponding area that, for purposes
municipal or territorial purposes, comprises the county, dis-
trict, union of counties or regional, district or metropolitan
municipality.

(2) For the purpose of subsection (1), every city, town and ^^P^J^g^ijigs
other municipality is united to and forms part of the county in ™"™*^*p^ ' '"
which it is situate.

(3) Subsection (1) is subject to the following:

1. A reference in an Act or regulation to a county or
district for judicial purposes is, in the case of The
Regional Municipality of Haldimand-Norfolk,
deemed to be a reference to the following areas:

i. All the area of the County of Haldimand as it
existed on the 31st day of March, 1974.

Exceptions

46 Bill 2 COURTS OF JUSTICE 1989

ii. All the area of the County of Norfolk as it
existed on the 31st day of March, 1974.

2. A reference in an Act or regulation to a county or
district for judicial purposes is, in the case of The
Regional Municipality of Niagara, deemed to be a
reference to the following areas:

i. All the area of the County of Lincoln as it
existed on the 31st day of December, 1969.

ii. All the area of the County of Welland as it
existed on the 31st day of December, 1969.

3. A reference in an Act or regulation to a county or
district for judicial purposes is, in the case of The
Regional Municipality of Sudbury and the Territo-
rial District of Sudbury, deemed to be a reference
to all the area in The Regional Municipality of
Sudbury and in the Territorial District of Sudbury.

4. A reference in an Act or regulation to a county or
district for judicial purposes is, in the case of an
area described below, deemed to be a reference to
all the area in the areas described below:

i. All the area in the County of Victoria.

ii. All the area in the County of Haliburton.

iii. All the area in any part of the townships of
Sherborne, McClintock, Livingstone, Law-
rence and Nightingale located in Algonquin
Park, so long as the part remains part of
Algonquin Park.

32. Section 212 of the said Act is repealed.

Conunence- 33^ jjiig \qi comcs into forcc OH a day to be named by
proclamation of the Lieutenant Governor.

Short title 34, The short title of this Act is the Courts of Justice

Amendment Act, 1989,

R^-

Bill 2 Government Bill

2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989

Bill 2

An Act to amend the Courts of Justice Act, 1984

The Hon. I. Scott

Attorney General

1st Reading May 1st, 1989
2nd Reading June 14th, 1989
3rd Reading
Royal Assent

(Reprinted as amended by the Administration of Justice Committee)

Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario

EXPLANATORY NOTES
The Bill substantially changes the structure of the Ontario courts.
The present structure of the courts is as follows:

5. The Unified Family Court is a specialized court for family law proceedings in
The Regional Municipality of Hamilton-Wentworth. Its judges are appointed by
the federal government and are also given the power of provincial judges for
their work in the court.

The structure of the Ontario courts proposed by the Bill is as follows:

1. The Court of Appeal will be continued as the final court of appeal for the
Province and will be separated from the High Court.

2. There will be a new court, to be called the Ontario Court of Justice, composed
of two divisions, the General Division and the Provincial Division.

6. The Ontario Court (Provincial Division) combines the jurisdiction now exer-
cised by the Provincial Court (Criminal Division), the Provincial Court (Family

Division) and the Provincial Offences Court. The existing judges of those
courts will all become judges of the Ontario Court (Provincial Division).

7. The Unified Family Court is established as a superior court but is otherwise
not changed.

Some of the other changes to the Act are as follows:

1. The number of judges of the Court of Appeal will be fixed by regulation rather
than by statute.

2. Every judge of the General Division must be assigned to a particular region
and there must be at least one judge of the General Division assigned to each
county or district.

6. There is no provision for the appointment of new masters.

7. The Lieutenant Governor in Council will be permitted to prescribe the form of
the gown worn in court by all judges appointed after the Bill comes into force.

8. All Ontario Court and Unified Family Court judges may be addressed as
"Your Honour", subject to the right of former High Court judges to elect to
be addressed according to the old practice.

10. The salaries of former Chief Judges, Associate Chief Judges and senior judges
of the provincial courts and of the Senior Master are protected and they are
permitted to retain their titles.

The Bill is accompanied by the Court Reform Statute Law Amendment Act, 1989,
which repeals the Sheriffs Act and makes consequential amendments to 52 other statutes.

Bill 2 1989

An Act to amend the Courts of Justice Act, 1984

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:

1. Section 1 of the Courts of Justice Act, 1984, being chapter
11, is repealed and the following substituted therefor:

1. In this Act, Definitions

"action" means a civil proceeding that is not an application
and includes a proceeding commenced by,

(a) claim,

(b) statement of claim,

(d) counterclaim,

(e) crossclaim,

(f) third or subsequent party claim, or

(g) divorce petition or counterpetition;

"application" means a civil proceeding that is commenced by
notice of application or by application;

"defendant" means a person against whom an action is com-
menced;

"hearing" includes a trial;

"motion" means a motion in a proceeding or an intended
proceeding;

"order" includes a judgment or decree;

Bill 2

COURTS OF JUSTICE

1989

"plaintiff' means a person who commences an action;

"region" means a region prescribed under section 92a.
1984, c. 11, s. 1, amended.

PARTI

Court of Appeal for Ontario

Court of
Appeal

2. — (1) The branch of the Supreme Court of Ontario
named the Court of Appeal for Ontario is continued as a
superior court of record named the Court of Appeal for
Ontario.

Idem

(2) In exercising its jurisdiction, the Court of Appeal has all
the power and authority historically exercised by courts of
common law and equity in England and Ontario. 1984,
c. 11, s. 2, amended.

Composition
of court

3. — (1) The Court of Appeal shall consist of,

(a) the Chief Justice of Ontario, who shall be president
of the court;

Number of
judges

(b) the Associate Chief Justice of Ontario; and

(c) such number of other judges as is fixed under sub-
section (2), to be called justices of appeal. 1984,
c. 11, s. 3 (1), amended.

(2) The Lieutenant Governor in Council may by regulation
fix the number of judges of the Court of Appeal who are in
addition to the Chief Justice and the Associate Chief Justice.

Idem

Additional
judges

(3) A reduction in the number of judges does not affect
appointments existing at the time of the reduction. New.

(4) There shall be such additional offices of judge of the
Court of Appeal as are from time to time required, to be held
by Chief Justices of Ontario and Associate Chief Justices of

1989 COURTS OF JUSTICE Bill 2 3

Ontario who have elected under the Judges Act (Canada) to R s.c. i985,
perform only the duties of a judge of the Court of Appeal. ^' ^'^
1984, c. 11, s. 6 (1), amended.

(5) There shall be such additional offices of supernumerary Super-
judge of the Court of Appeal as are from time to time ""dger'^
required, to be held by judges of the Court of Appeal who
have elected under the Judges Act (Canada) to hold office
only as a supernumerary judge of the court. 1984, c. 11,
s. 6 (3), amended.

4. — (1) The Chief Justice of Ontario, with the concurrence Assignment
of the Chief Judge of the Ontario Court, may assign a judge from (General
of the Ontario Court (General Division) to perform the work Division
of a judge of the Court of Appeal. 1984, c. 11, s. 9 (2),
amended.

(2) A judge of the General Division is, by virtue of his or General
her office, a judge of the Court of Appeal and has all the judged"
jurisdiction, power and authority of a judge of the Court of
Appeal. 1984, c. 11, s. 8, amended.

5. — (1) The Chief Justice of Ontario has general super- Jokers and
vision and direction over the sittings of the Court of Appeal cweUustice
and the assignment of the judicial duties of the court. 1984,
c. 11, s. 18(5).

(2) If the Chief Justice of Ontario is absent from Ontario or ^J?^"^^ °/
is for any reason unable to act, his or her powers and duties

shall be exercised and performed by the Associate Chief
Justice of Ontario.

(3) If the Chief Justice of Ontario and the Associate Chief Absence of
Justice of Ontario are both absent from Ontario or for any cweUustice
reason unable to act, the powers and duties of the Chief

Justice shall be exercised and performed by a judge of the
Court of Appeal designated by the Chief Justice or Associate
Chief Justice. 1984, c. 11, s. 3 (2), amended.

6. — (1) An appeal lies to the Court of Appeal from, Court of

' "^ Appeal

jurisdiction

(a) an order of the Divisional Court, on a question that
is not a question of fact alone, with leave as pro-
vided in the rules of court;

(b) a final order of a judge of the Ontario Court
(General Division), except an order referred to in
clause 18 (1) (a);

Bill 2

COURTS OF JUSTICE

1989

Combining of (2) The Court of Appeal has jurisdiction to hear and deter-
ofh^r^'^uSr mine an appeal that lies to the Divisional Court or the
Ontario Court (General Division) if an appeal in the same
proceeding lies to and is taken to the Court of Appeal.

Idem

Composition 7. — (1) A proceeding in the Court of Appeal shall be
hearing ^°' heard and determined by not fewer than three judges sitting

together, and always by an uneven number of judges. 1984,

c. 11, s. 18 (1), amended.

Idem,
motions

Idem

(2) A motion in the Court of Appeal and an appeal under
clause 6 (1) (c) shall be heard and determined by one judge.

(3) Subsection (2) does not apply to a motion for leave to
appeal, a motion to quash an appeal or any other motion that
is specified by the rules of court.

(4) A judge assigned to hear and determine a motion may
adjourn the motion to a panel of the Court of Appeal.

(5) A panel of the Court of Appeal may, on motion, set
aside or vary the decision of a judge who hears and deter-
mines a motion. 1984, c. 11, s. 18 (3), amended.

References to 8.-^1) The Lieutenant Governor in Council may refer any
Appear question to the Court of Appeal for hearing and considera-
tion.

Opinion of
court

Submissions
by Attorney
General

(3) On the hearing of the question, the Attorney General
of Ontario is entitled to make submissions to the court.

Idem

(4) The Attorney General of Canada shall be notified and
is entitled to make submissions to the court if the question
relates to the constitutional validity or constitutional applica-

1989 COURTS OF JUSTICE Bill 2 5

bility of an Act, or of a regulation or by-law made under an
Act, of the Parliament of Canada or the Legislature.

(6) If an interest affected is not represented by counsel, the Appointment

Oi counsel

court may request counsel to argue on behalf of the interest
and the reasonable expenses of counsel shall be paid by the
Treasurer of Ontario.

(7) The opinion of the court shall be deemed to be a Appeal
judgment of the court and an appeal lies from it as from a
judgment in an action. 1984, c. 11, s. 19.

PART II

Ontario Court of Justice
9. — (1) The Ontario Court of Justice is established. Ontario

^ ' Court

(2) The Ontario Court shall consist of two divisions, the Divisions
General Division and the Provincial Division. New.

ONTARIO court (GENERAL DIVISION)

10. — (1) The branch of the Supreme Court of Ontario gfjj^[^^^
named the High Court of Justice for Ontario is continued as a
superior court of record named the Ontario Court (General
Division). -A^

(2) The General Division has all the jurisdiction, power I'^em
and authority historically exercised by courts of common law
and equity in England and Ontario. 1984, c. 11, s. 2 (1),
amended.

11. — (1) The General Division shall consist of, Composition

^ ' of General

(a) the Chief Judge of the Ontario Court, who shall be
president of the Ontario Court;

(b) a regional senior judge of the General Division for
each region;

Division

Bill 2

COURTS OF JUSTICE

1989

(d) such number of judges of the General Division as is
fixed under clause 52 (1) (a). 1984, c. 11, s. 4 (1),
amended.

Additional
judges

R.S.C. 1985,
c. J-1

Super-
numerary
judges

Assignment
of judges
from Court
of Appeal

Court of

Appeal

judges

Powers and
duties of
Chief Judge
of Ontario
Court

Regional

senior

judges,

General

Division

13.— (1) The Chief Judge of the Ontario Court shall direct
and supervise the sittings of the Ontario Court (General
Division) and the assignment of its judicial duties.

Delegation (3) A regional senior judge of the General Division may

delegate to a judge of the General Division in his or her
region the authority to exercise specified functions. New.

Absence of
Chief Judge
of Ontario
Court

Absence of
regional
senior judge
of General
Division

(5) The powers and duties of a regional senior judge of the
General Division who is absent from Ontario or is for any rea-

1989

COURTS OF JUSTICE

Bill 2

son unable to act shall be exercised and performed by a judge
of the General Division designated by the Chief Judge of the
Ontario Court.

(6) The Chief Judge of the Ontario Court may hold meet- M^J^j.'^s^^^^,
ings with the regional senior judges of the General Division in ^nio^fudges
order to consider any matters concerning sittings of the Gen-
eral Division and the assignment of its judicial duties. New.

14.— (1) The Chief Judge of the Ontario Court shall assign ^^ff^\^ ^^

regions

every judge of the General Division to a region.

(2) There shall be at least one judge of the General
Division assigned to each county and district.

At least one
judge in each
county

(3) No judge of the General Division who was a judge of "'8^ Cou"
the High Court of Justice or the District Court of Ontario court judges
before this section comes into force shall be assigned without

his or her consent to a region other than the region in which
he or she resided immediately before this section comes into
force.

(4) Subsections (1) to (3) do not prevent the temporary I'lem
assignment of a judge to a location anywhere in Ontario.

New.

15. A proceeding in the General Division shall be heard Composition
and determined by one judge of the General Division. 1984, hea'rings °^
c. 11, s. 14 (1), amended.

16. An appeal lies to the General Division from,
(a) an interlocutory order of a master;

Appeals to

General

Division

DIVISIONAL COURT

17. — (1) There shall be a branch of the General Division Divisional

Court

to be known as the Divisional Court consisting of the Chief
Judge of the Ontario Court who shall be president of the
court and such other judges of the General Division as the
Chief Judge designates from time to time.

(2) Every judge of the General Division is also a judge of Jurisdiction
the Divisional Court. 1984, c. 11, s. 5, amended. ° ^" ^^*

g Bill 2 COURTS OF JUSTICE 1989

Divisional IK. — (1) An appeal lies to the Divisional Court from,

Court ^ '

jurisdiction

(a) a final order of a judge of the General Division,

(i) for a single payment of not more than
$25,000, exclusive of costs,

(ii) for periodic payments that amount to not
more than $25,000, exclusive of costs, in the
twelve months commencing on the date the
first payment is due under the order,

(iii) dismissing a claim for an amount that is not
more than the amount set out in subclause (i)
or (ii), or

(b) an interlocutory order of a judge of the General
Division, with leave as provided in the rules of
court;

Combining of (2) The Divisional Court has jurisdiction to hear and deter-
S?rV™'" mine an appeal that lies to the General Division if an appeal
Division jn the samc proceeding lies to and is taken to the Divisional
Court.

Idem (3) The Divisional Court may, on motion, transfer an

appeal that has already been commenced in the General
Division to the Divisional Court for the purpose of subsection
(2). 1984, c. 11, s. 15 (2), amended. ^

Appeal from (4) Nq appeal Hes from an interlocutory order of a judge of
orderr"^°'^ the General Division made on an appeal from an interlocutor)'

order of the Provincial Division. 1984, c. 11, s. 36 (4),

amended.

Appeals 19.— (1) An appeal to the Divisional Court shall be heard

regions" in the region in which the order appealed from was made,
unless the parties agree otherwise.

1989 COURTS OF JUSTICE Bill 2 9

(2) Any other proceeding in the Divisional Court may be other

, t ^ ■ • Tk.T proceedings

brought in any region. New. fn any region

20. — (1) A proceeding in the Divisional Court shall be Composition
heard and determined by three judges sitting together. hearings

(2) A proceeding in the Divisional Court may be heard and w^m
determined by one judge where the proceeding,

(a) is an appeal under clause 18 (1) (c);

(b) is an appeal under section 30 from a provincial
judge or a deputy judge presiding over the Small
Claims Court; or

(3) A motion in the Divisional Court shall be heard and idern,
determined by one judge, unless otherwise provided by the ^°^°^^
rules of court.

(4) A judge assigned to hear and determine a motion may i^em
adjourn it to a panel of the Divisional Court.

(5) A panel of the Divisional Court may, on motion, set I'^em
aside or vary the decision of a judge who hears and deter-
mines a motion. 1984, c. 11, s. 16, amended.

SMALL CLAIMS COURT

21. — (1) There shall be a branch of the General Division Smaii Claims
to be known as the Small Claims Court consisting of the Chief
Judge of the Ontario Court who shall be president of the
court and such other judges of the General Division as the
Chief Judge designates from time to time.

(2) Every judge of the General Division is also a judge of Jurisdiction
the Small Claims Court. New. -^ °^^"'^^''

22. — (1) The Small Claims Court, Jurisdiction

(a) has jurisdiction in any action for the payment of
money where the amount claimed does not exceed
the prescribed amount exclusive of interest and
costs; and

Bill 2

COURTS OF JUSTICE

1989

(b) has jurisdiction in any action for the recovery of
possession of personal property where the value of
the property does not exceed the prescribed
amount. 1984, c. 11, s. 78 (1), amended.

Transfer (2) An action in the General Division may be transferred to

Sion "''^' the Small Claims Court by the local registrar of the General

Division on requisition with the consent of all parties filed

before the trial commences if,

(a) the only claim is for the payment of money or the
recovery of possession of personal property; and

(b) the claim is within the jurisdiction of the Small
Claims Court.

Idem (3) An action transferred to the Small Claims Court shall

be titled and continued as if it had been commenced in that
court. 1984, c. 11, s. 84, amended.

Composition 23. — (1) A proceeding in the Small Claims Court shall be
hLrin^ ^°' heard and determined by one judge of the General Division.

Provincial

judge or
deputy judge
may preside

(2) A proceeding in the Small Claims Court may also be
heard and determined by,

(a) a provincial judge who was assigned to the Provin-
cial Court (Civil Division) immediately before this
section comes into force; or

Where

deputy judge
not to
preside

(b) a deputy judge appointed under section 31.
(3) A deputy judge shall not hear and determine an action,

(a) for the payment of money in excess of the pre-
scribed amount; or |5

(b) for the recovery of possession of personal property
exceeding the prescribed amount in value. New.

24. The Small Claims Court shall hear and determine in a
summary way all questions of law and fact and may make such
order as is considered just and agreeable to good conscience.
1984, c. 11, s. 78 (3), amended.

Representation 25. A party may be represented in a proceeding in the
Small Claims Court by counsel or an agent but the court may
exclude from a hearing anyone, other than a barrister and
solicitor qualified to practise in Ontario, appearing as an agent
on behalf of a party if it finds that such person is not compe-

Summary
hearings

1989

COURTS OF JUSTICE

Bill 2

tent properly to represent the party or does not understand
and comply at the hearing with the duties and responsibilities
of an advocate. 1984, c. 11, s. 79, amended.

26.— (1) Subject to subsections (3) and (4), the Small Evidence
Claims Court may admit as evidence at a hearing and act
upon any oral testimony and any document or other thing so
long as the evidence is relevant to the subject-matter of the
proceeding, but the court may exclude anything unduly repeti-
tious.

(2) Subsection (1) applies whether or not the evidence is wem
given or proven under oath or affirmation or admissible as
evidence in any other court.

Idem

(3) Nothing is admissible in evidence at a hearing,

(a) that would be inadmissible by reason of any privi-
lege under the law of evidence; or

(b) that is inadmissible by any Act.

(4) Nothing in subsection (1) overrides the provisions of Conflicts
any Act expressly limiting the extent to or purposes for which

any oral testimony, documents or things may be admitted or
used in evidence in any proceeding.

(5) A copy of a document or any other thing may be admit- Copies
ted as evidence at a hearing if the presiding judge is satisfied

as to its authenticity. 1984, c. 11, s. 80, amended.

27. The Small Claims Court may order the times and the instalment
proportions in which money payable under an order of the

court shall be paid. 1984, c. 11, s. 81, amended.

28. An award of costs in the Small Claims Court, other l™'^ »"
than disbursements, shall not exceed 15 per cent of the
amount claimed or the value of the property sought to be
recovered unless the court considers it necessary in the inter-
ests of justice to penalize a party, counsel or agent for unrea-
sonable behaviour in the proceeding. New.

29. Orders of the Small Claims Court shall be directed to
a bailiff appointed under subsection 32 (1) for enforcement,
unless otherwise provided by the rules of court. 1984, c. 11,
s. 82, amended.

Enforcement
of orders

30. An appeal lies to the Divisional Court from a final Appeals
order of the Small Claims Court in an action,

Bill 2

COURTS OF JUSTICE

1989

(a) for the payment of money in excess of $500, exclud-
ing costs; or

(b) for the recovery of possession of personal property
exceeding $500 in value. 1984, c. 11, s. 83,
amended.

Deputy
judges

31. — (1) A regional senior judge of the General Division
may, with the approval of the Attorney General, appoint a
barrister and solicitor to act as a deputy judge of the Small
Claims Court for a term of three years.

Idem

(2) A regional senior judge of the General Division may
renew the appointment of a deputy judge for one or more
three-year terms.

Idem

(3) The appointment of a person who was a deputy judge
immediately before this section comes into force is deemed to
be renewed under subsection (2) on the day this section comes
into force. New. -^t-

Clerk and
bailiff of
Small Claims
Court

32. — (1) There shall be a clerk and one or more bailiffs
for each division of the Small Claims Court who shall be
appointed by the Lieutenant Governor in Council.

Idem

(2) With the approval of the Deputy Attorney General or
the person designated by the Deputy Attorney General, every
clerk and bailiff of the Small Claims Court in a division that is
not designated under clause 52 (1) (g) may appoint in writing
a deputy who may exercise and perform all the powers and
duties of the clerk or bailiff.

Referee

(3) The Lieutenant Governor in Council may appoint a
referee for a division of the Small Claims Court. 1984, c. 11,
s. 86 (4, 5), amended. |

PROVINCIAL DIVISION

Provincial
Division

Composition
of Provincial
Division

34. The Provincial Division shall consist of,

(a) the Chief Judge of the Provincial Division
appointed under subsection 41 (3), who shall be
president of the Provincial Division;

1989

COURTS OF JUSTICE

Bill 2

(b) a regional senior judge of the Provincial Division
appointed under subsection 41 (4) for each region;
and

35. — (1) The Chief Judge of the Provincial Division shall J^j^^Y^^J"*^
direct and supervise the sittings of the Provincial Division and chi'ef Judge
the assignment of its judicial duties.
amended.

1984, C. 11, S. 63 (5), of Provincial
Division

(2) A regional senior judge of the Provincial Division shall, Regional
subject to the authority of the Chief Judge of the Provincial jSges,
Division, exercise the powers and perform the duties of the Provincial
Chief Judge of the Provincial Division in his or her region.

(3) A regional senior judge of the Provincial Division may Delegation
delegate to a judge of the Provincial Division in his or her

region the authority to exercise specified functions. New.

Absence of
Chief Judge
of Provincial
Division

(4) If the Chief Judge of the Provincial Division is absent
from Ontario or is for any reason unable to act, his or her
powers and duties shall be exercised and performed by a
regional senior judge of the Provincial Division designated by
the Chief Judge of the Provincial Division. 1984, c. 11,
s. 63 (7), amended.

(5) The powers and duties of a regional senior judge of the Absence of
Provincial Division who is absent from Ontario or is for any senior%dge
reason unable to act shall be exercised and performed by a of Provincial
judge of the Provincial Division designated by the Chief Judge
of the Provincial Division.

(6) The Chief Judge of the Provincial Division may hold
meetings with the regional senior judges of the Provincial
Division in order to consider any matters concerning sittings
of the Provincial Division and the assignment of its judicial
duties. New. -^t-

Meetings
with regional
senior judges

36. — (1) The Chief Judge of the Ontario Court (Provincial ^^^^^^^^ ^^
Division) shall assign every provincial judge to a region. region!

(2) Subsection (1) does not prevent the temporary assign- ^^em
ment of a provincial judge to a location anywhere in Ontario.

New.

37. — (1) A provincial judge has the power and authority C"™"^!
of two or more justices of the peace when sitting in the ^""* ''^*'°"
Provincial Division and shall exercise the powers and perform

Bill 2

COURTS OF JUSTICE

1989

the duties that any Act of the Parliament of Canada confers
on a provincial court judge when sitting in the Provincial
Division. 1984, c. 11, s. 67 (1), amended.

Provincial
offences and
family
jurisdiction
R.S.O. 1980,
c. 400
1986, c. 4
R.S.O. 1980,
c. 68
1984, c. 55

Youth court
jurisdiction

R.S.C. 1985,
c. Y-1

(3) The Provincial Division is a youth court for the pur-
poses of the Young Offenders Act (Canada). 1984, c. 11,
s. 67 (2), s. 75 (1) (b), amended.

Judge to
preside

38, — (1) A proceeding in the Provincial Division shall be
heard and determined by one judge of the Provincial Division.
1984, c. 11, s. 66 (2), s. 74 (2), amended.

Justice of the (2) A justicc of the pcacc may preside over the Provincial
preside'"^^ Division in a proceeding under the Provincial Offences Act.
R.S.O. 1980, 1984, c. 11, s. 68 (2), amended.

c. 400

Appeals 39, — (1) If no provision is made concerning an appeal

from an order of the Provincial Division, an appeal lies to the
General Division.

Exception (2) Subsectiou (1) docs not apply to a proceeding under the

RS;C. 1985, Criminal Code (Canada) or the Provincial Offences Act.
1987, c. 1, s. 6, amended.

Penalty for
disturbance
outside
courtroom

PROVINCIAL JUDGES

oi^S!'S ^^' — ^^^ ^^^ Lieutenant Governor in Council, on the
juc^eT'"'^'^ recommendation of the Attorney General, may appoint such
provincial judges as are considered necessary.

Qualifications

(2) No person shall be appointed as a provincial judge
unless he or she has been a member of the bar of one of the
provinces of Canada for at least ten years. 1984, c. 11, s. 52.

1989

COURTS OF JUSTICE

Bill 2

(3) The Lieutenant Governor in Council may appoint a
provincial judge as Chief Judge of the Provincial Division.
1984, c. 11, s. 63 (1), amended.

(4) The Lieutenant Governor in Council may appoint a
provincial judge to be the regional senior judge of the Provin-
cial Division for each region.

Chief Judge

Regional
senior judges

(5) The Chief Judge of the Provincial Division and the Term of
regional senior judges of the Provincial Division shall hold
office for five years.

(6) If a successor is not appointed within five years, the wem
Chief Judge or a regional senior judge shall continue in office
until the successor is appointed, but in no case shall the Chief
Judge or regional senior judge hold office for more than seven
years.

(7) A Chief Judge or a regional senior judge whose term of Former chief
office expires under subsection (5) or (6) shall continue to " ^^' ^^'^'
hold the office of provincial judge and is entitled to an annual

salary equal to the greater of,

(a) the current annual salary of a provincial judge; or

(b) the annual salary he or she received immediately
before ceasing to be Chief Judge or regional senior
judge.

(8) A Chief Judge or regional senior judge whose term of chief Judge,
office expires under subsection (5) or (6) shall not be be*^ ' "°
reappointed to the same position. New. reappointed

42. — (1) A provincial judge shall devote his or her whole ^^^^^
time to the performance of his or her duties as a judge, except ^™p°>''"^"^
as authorized by the Lieutenant Governor in Council.

(2) Despite subsection (1), a provincial judge who, before ^^^^
the 1st day of January, 1985, had the consent of the Attorney
General to act as an arbitrator or conciliator may continue to
so act. 1984, c. 11, s. 53, amended.

43. — (1) Every provincial judge shall retire upon attaining Retirement
the age of sixty-five years.

(2) Despite subsection (1), a provincial judge appointed as "'lem
a full-time magistrate, judge of a juvenile and family court or
master before the 2nd day of December, 1968 shall retire
upon attaining the age of seventy years.

Bill 2

COURTS OF JUSTICE

1989

Continuation
of judges in
office

Idem

Continuation
of regional
senior judge
in office

Idem

Continuation
of

Co-ordinator
in office
1989, c. 46

Idem

Continuation
in office of
Chief Judge
of Provincial
Division

Resignation
of judge

Resignation
as Chief
Judge, etc.

(3) A judge who has attained the age of sixty-five years
may, subject to the annual approval of the Chief Judge of the
Provincial Division, continue in office as a full-time or part-
time judge until he or she attains the age of seventy years.

(4) A judge who has attained the age of seventy years may,
subject to the annual approval of the Judicial Council, con-
tinue in office as a full-time or part-time judge until he or she
has attained the age of seventy-five years.

(5) Subject to subsections 41 (5) and (6). a regional senior
judge of the Provincial Division who is in office upon attain-
ing the age of sixty-five years may, subject to the annual
approval of the Chief Judge of the Provincial Division, con-
tinue in that office until he or she has attained the age of sev-
enty years.

(6) Subject to subsections 41 f5) and (6). a regional senior
judge of the Provincial Division who is in office upon attain-
ing the age of seventy years may, subject to the annual
approval of the Judicial Council, continue in that office until
he or she has attained the age of seventy-five years.

(7) Subject to subsections 13 (2) and (3) of the Justices of
the Peace Act, 1989, if the Co-ordinator of Justices of the
Peace is in office upon attaining the age of sixty-five years, he
or she may, subject to the annual approval of the Chief Judge
of the Provincial Division, continue in that office until he or
she has attained the age of seventy years.

(8) Subject to subsections 13 (2) and (3) of the Justices of
the Peace Act, 1989, if the Co-ordinator of Justices of the
Peace is in office upon attaining the age of seventy years, he
or she may, subject to the annual approval of the Judicial
Council, continue in that office until he or she has attained
the age of seventy-five years. New. -^^

(9) Subject to subsections 41 (5) and (6). if the Chief Judge
of the Provincial Division is in office upon attaining the age
for retirement under subsection (1) or (2), he or she may, sub-
ject to the annual approval of the Judicial Council, continue
in that office until he or she has attained the age of seventy-
five years. 1984, c. 11, s. 54, amended.

44. — (1) A provincial judge may at any time resign from
his or her office by delivering a signed letter of resignation to
the Attorney General.

(2) A Chief Judge or a regional senior judge may, before
the expiry of his or her term of office under subsection 41 (5)

1989 COURTS OF JUSTICE Bill 2 17

or (6), elect to hold the office of a provincial judge only, by
delivering a signed letter to that effect to the Attorney
General.

(3) The Co-ordinator of Justices of the Peace may, before Resignation
the expiry of his or her term of office under subsection 13 (2) coordinator
or (3) of the Justices of the Peace Act, 1989, elect to hold the i989, c. 46
office of a provincial judge only, by delivering a signed letter

to that effect to the Attorney General, New. -^^

(4) A resignation or election under this section takes effect Effective
on the day the letter is delivered to the Attorney General or,

if the letter specifies a later day, on that day. 1984, c. 11,
s. 55, s. 65, amended.

45. — (1) A provincial judge may be removed from office Removal for
before attaining retirement age only if,

(a) a complaint regarding the judge has been made to
the Judicial Council; and

(b) the removal is recommended by an inquiry held
under section 49 on the ground that the judge has
become incapacitated or disabled from the due exe-
cution of his or her office by reason of,

(i) infirmity,

(ii) conduct that is incompatible with the execu-
tion of his or her office, or

(iii) having failed to perform the duties of his or
her office.

(2) An order removing a provincial judge from office under Order for
this section may be made by the Lieutenant Governor on the
address of the Legislative Assembly. 1984, c. 11, s. 56,
amended.

46. — (1) The Judicial Council for Provincial Judges is con- Judicial
tinued as the Ontario Judicial Council and shall be composed
of,

(a) the Chief Justice of Ontario, who shall preside over
the Ontario Judicial Council;

(b) the Associate Chief Justice of Ontario;

Bill 2

COURTS OF JUSTICE

1989

(d) the Chief Judge of the Ontario Court (Provincial
Division);

(e) the Treasurer of The Law Society of Upper
Canada; and

(f) not more than two other persons appointed by the
Lieutenant Governor in Council.

Quorum

Staff

R.S.O. 1980,
c. 418

(2) A majority of members of the Judicial Council consti-
tutes a quorum and is sufficient for the exercise of all the
jurisdiction and powers of the Judicial Council.

(3) Such officers and employees of the Judicial Council as
are considered necessary may be appointed under the Public
Service Act.

Expert
assistance

(4) The Judicial Council may engage persons, including
counsel, to assist it in its investigations. 1984, c. 11, s. 57,
amended.

Transition

(5) An investigation commenced by the Judicial Council
before this section comes into force shall be continued by the
Judicial Council as it was constituted before this section comes
into force. New.

Functions

47. — (1) The functions of the Judicial Council are,

(a) to consider all proposed appointments of provincial
judges and make a report on them to the Attorney
General;

Liability for
damages

Investigation
of complaints

Referral to
Chief Judge

(b) to receive and investigate complaints against provin-
cial judges.

(2) No action or other proceeding for damages shall be
instituted against the Judicial Council or any member or offi-
cer of it or any person acting under its authority for any act
done in good faith in the execution or intended execution of
its or his or her duty. 1984, c. 11, s. 58.

48. — (1) Where the Judicial Council receives a complaint
against a provincial judge, it shall take such action to investi-
gate the complaint as it considers advisable.

(2) The Judicial Council may transmit those complaints it
considers appropriate,

(a) concerning provincial judges to the Chief Judge of
the Provincial Division; and

1989

COURTS OF JUSTICE

Bill 2

(b) concerning masters to the Chief Judge of the
Ontario Court.

(3) The proceedings of the Judicial Council shall not be Proceedings
public, but it may inform the Attorney General respecting "°* ^"
matters that it has investigated and the Attorney General may
make public the fact that an investigation has been under-
taken.

(4) The Judicial Council may order that information or doc-
uments relating to its proceedings not be published or dis-
closed except as required by law.

Prohibiting
publication

(5) The Judicial Council has all the powers of a commission Powers
under Part II of the Public Inquiries Act, which Part applies to ^^;9 ^^^'
the investigation as if it were an inquiry under that Act.

c. 411

(6) When the Judicial Council has deah with a complaint Notice of
regarding a provincial judge, it shall inform the following per- '*p°^"'°"
sons of its disposition of the complaint:

1. The person who made the complaint.

2. If the complaint was brought to the attention of the
judge, the judge.

(7) The Judicial Council may report its opinion regarding Report and
the complaint to the Attorney General and may recommend, da^il^r^"

(a) that an inquiry be held under section 49;

(b) that the judge be compensated for all or part of the
costs incurred by the judge relating to the investiga-
tion.

(8) A copy of a report made under subsection (7) shall be Copy to
given to the judge. ^" ^^

(9) The Judicial Council shall not make a report under sub- Right to be
section (7) unless the judge was notified of the investigation ^^^^^
and given an opportunity to be heard and to produce evidence

on his or her behalf.

(10) When the Judicial Council makes a report to the
Attorney General under subsection (7), the Attorney General
may make all or part of the report public, if he or she is of the
opinion that it is in the public interest to do so. 1984, c. 11,
s. 59, amended.

Publication
of report

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COURTS OF JUSTICE

1989

Inquiry 49, — (1) The Lieutenant Governor in Council may

appoint a judge of the General Division to inquire into the
question whether a provincial judge should be removed from
office.

Powers (2) The Public Inquiries Act applies to an inquiry under

R.S.0. 1980, subsection (1).

Report (3) The report of the inquiry may recommend,

(a) that the judge be removed from office;

(b) that the judge be compensated for all or part of the
costs incurred by the judge relating to the inquiry.

Tabling of
report

(4) The report of the inquiry shall be laid before the Legis-
lative Assembly if it is in session or, if not, within fifteen days
after the commencement of the next session. 1984, c. 11,
s. 60, amended.

Provincial 50. — (1) The Committee known as the Ontario Provincial

Remuneration Courts Committee is continued as the Provincial Judges
Commission Remuneration Commission.

composition (2) The Commissiou shall be composed of the following
Commission three members:

1. One appointed jointly by the associations represent-
ing provincial judges.

2. One appointed by the Lieutenant Governor in
Council.

3. One, who shall head the Commission, appointed
jointly by the bodies referred to in paragraphs 1 and

Function

Annual
report

(4) The Commission shall make an annual report of its
activities to the Lieutenant Governor in Council.

Tabling of (5) Recommendations of the Commission and its annual

rccommcri" •

dations report shall be laid before the Legislative Assembly if it is in

1989 COURTS OF JUSTICE Bill 2 21

session or, if not, within fifteen days of the commencement of
the next session. 1984, c, 11, s. 88, amended.

MISCELLANEOUS

51. — (1) The judges of the Ontario Court of Justice shall Meeting
meet at least once in each year, on a day fixed by the Chief ^" ^^*
Judge of the Ontario Court, in order to consider this Act, the
rules of court and the administration of justice generally.

(2) The judges shall report their recommendations to the ^^^^
Attorney General. 1984, c. 11, s. 10, amended.

(3) The judges of the Ontario Court of Justice in each Regional
region shall meet at least once in each year, on a day fixed by j^dge"^ °
the regional senior judge of the General Division, in order to
consider this Act, the rules of court and the administration of
justice in the region generally.

(4) The judges shall report their recommendations to the ^^^^
Attorney General. New.

52. — (1) The Lieutenant Governor in Council may make Regulations
regulations,

(a) fixing the number of judges of the General Division
who are in addition to the Chief Judge, the regional
senior judges and the Senior Judge for the Unified
Family Court;

(b) fixing the remuneration of provincial judges and
masters;

(i) leave of absence and vacations,

(ii) sick leave credits and payments in respect of
those credits,

(iii) pension benefits for provincial judges, masters
and their surviving spouses and children;

(d) prescribing territorial divisions for the Small Claims
Court; -^t-

(e) prescribing the maximum amount of a claim in the
Small Claims Court for the purposes of subsection
22(1);

22 Bill 2 COURTS OF JUSTICE 1989

(f) prescribing the maximum amount of a claim over
which a deputy judge may preside for the purposes
of subsection 23 (3):

(g) providing for the retention of fees by clerks, bailiffs
and referees of the Small Claims Court who are not

R.s.o. 1980, civil servants under the Public Service Act and des-

^' ^^^ ignating divisions where clerks, bailiffs and referees

of the Small Claims Court may be appointed to a
position as a civil servant under that Act;

(h) prescribing the duties of clerks, baihffs and referees
of the Small Claims Court; -*^

(i) prescribing for each region the minimum number of
judges of the General Division and of the Provincial
Division who are to be assigned to that region.
1984, c. 11, s. 4 (2), s. 20 (4), s. 87 (1), amended.

Idem (2) A reduction in the number of judges of the General

Division under clause (1) (a) does not affect appointments
existing at the time of the reduction. 1984, c. 11, s. 4 (2),
amended.

Contributions (3) Regulations made under clause (1) (c) may require
judges and masters to contribute from their salaries part of
the costs of benefits and may fix the amount of the contribu-
tions.

Application (4) A regulation made under clause (1) (c) may modify or
R.s.o 1980 exclude the application of the Public Service Superannuation

c-419 ' Act.

of''?e'?iations ^^) ^ regulation made under subsection (1) may be general
reguaions ^^ particular in its application. 1984, c. 11, s. 20 (5-7),
s. 87 (2-4), amended.

PART III

Unified Family Court

Famif'' Court — * ^^ Unified Family Court is continued as a superior

^™^ " court of record in and for The Regional Municipality of

Hamilton-Wentworth. 1984, c. 11, s. 38, amended.

SrSErt'^'°" M.'—{^) The Unified Family Court shall be presided over
by.

1989

COURTS OF JUSTICE

Bill 2

(a) a judge of the Ontario Court (General Division)
appointed as senior judge for the Unified Family
Court; or

(b) a judge of the Ontario Court (General Division),

who is authorized under subsection (3) to exercise the jurisdic-
tion of a judge of the Ontario Court (Provincial Division).

(2) The senior judge for the Unified Family Court shall duties of^ ^
supervise and direct the sittings and the assignment of the ^^"'""^ ^" ^^
judicial duties of the Unified Family Court.

(3) The Lieutenant Governor in Council may authorize a Authority for
judge of the General Division to exercise the jurisdiction of a Dwlslon^
judge of the Provincial Division. matters

(4) A judge who may preside over the Unified Family Exercise of
Court shall exercise his or her jurisdiction as a judge of the j^uHsdiction
General Division or a judge of the Provincial Division in the
matters in which the General Division or the Provincial
Division or a judge of one of them has jurisdiction under the
statutory provisions set out in the Schedule to this Part.

1984, c. 11, s. 39; 1987, c. 1, s. 1, amended.

55. — (1) Proceedings taken in a court in The Regional Proceedings
Municipality of Hamilton-Wentworth under the statutory pro- Family Court
visions set out in the Schedule to this Part, other than by way
of appeal, shall be commenced and titled in the Unified
Family Court and the jurisdiction of the court shall be exer-
cised in the Unified Family Court.

(2) A motion for interim relief under the Divorce Act, 1985 ^^^^
(Canada), the Family Law Act, 1986 or the Children's Law ^^ ^^^'
Reform Act in a proceeding in the General Division shall be 1986, c. 4
heard in the Unified Family Court if it is required or permit- r.s.o. i980,
ted to be heard in The Regional Municipality of Hamilton- ^- ^
Wentworth by the rules of court or an order of the court.

1984, c. 11, s. 40 (1, 2) amended.

(3) All proceedings commenced in or transferred to the No jury
Unified Family Court shall be heard and determined without a

jury. 1984, c. 11, s. 40 (4), amended.

56. Where a proceeding is commenced in the Unified C)ther
Family Court in a matter over which jurisdiction may be exer- ^""^ *^^*°"
cised in the Unified Family Court and is combined with a
related matter in the jurisdiction of the judge but respecting
which jurisdiction may not be exercised in the Unified Family

Bill 2

COURTS OF JUSTICE

1989

Orders of

predecessor

court

Court, the court may, with leave of the judge, hear and deter-
mine the combined matters. 1984, c. 11, s. 41, amended.

57. — (1) The Unified Family Court may hear and deter-
mine an application under an Act to discharge, vary or sus-
pend an order made by the Provincial Court (Family Division)
of the Judicial District of Hamilton-Wentworth.

Enforcement

(2) The Unified Family Court may enforce orders made by
the Provincial Court (Family Division) of the Judicial District
of Hamilton-Wentworth. 1984, c. 11, s. 42, amended.

Place where
proceedings
commenced

Idem,
custody or
access

R.S.O. 1980,
c. 68

58. — (1) Subject to subsection (2), proceedings referred to
in subsection 55 (1) may be commenced in the Unified Family
Court where the applicant or the respondent resides in The
Regional Municipality of Hamilton-Wentworth. 1984, c. 11,
s. 44 (1), amended.

(2) An application under Part III of the Children's Law
Reform Act in respect of a child who ordinarily resides in The
Regional Municipality of Hamilton-Wentworth may be com-
menced in the Unified Family Court. 1984, c. 11, s. 44 (2),
amended.

Transfer to
other court

Transfer
from other
court

(3) A judge who may preside over the Unified Family
Court may, on motion, order that a proceeding commenced in
the Unified Family Court be transferred to the appropriate
court in a place where there is no Unified Family Court if, in
the opinion of the judge, there is a preponderance of conven-
ience for the matter to be dealt with by that court. 1984,
c. 11, s. 44(3).

(4) A judge of a court having jurisdiction in a proceeding
under a statutory provision set out in the Schedule to this Part
in an area other than The Regional Municipality of Hamilton-
Wentworth may, on motion, order that the proceeding be
transferred to the Unified Family Court if, in the opinion of
the judge, there is a preponderance of convenience for the
matter to be dealt with by that court. 1984, c. 11, s. 44 (4),
amended.

Directions

Status of
orders

(5) A judge making an order under subsection (3) or (4)
may give such directions for the transfer as are considered
just. 1984, c. 11, s. 44 (5).

59. An order of a judge presiding over the Unified Family
Court made in the exercise of his or her jurisdiction as a judge
of the Ontario Court (General Division) is an order of the
General Division for all purposes. 1984, c. 11, s. 45,

amended.

1989 COURTS OF JUSTICE Bill 2 25

60. — (1) Subject to subsections (2) and (3). a provision for Appeals
an appeal from an order made under the statutory provisions
set out in the Schedule to this Part applies to an order when
made in the exercise of the jurisdiction by a judge presiding
over the Unified Family Court.

(2) Where an order made by the Unified Family Court ^^^^
under a statutory provision set out in the Schedule to this Part

is within the jurisdiction of the Ontario Court (General
Division) outside The Regional Municipality of Hamihon-
Wentworth, the order shall, for the purposes of an appeal, be
deemed to have been made by a judge of the General
Division. 1984, c. 11, s. 46 (1, 2), amended.

(3) A provision for an appeal to the Ontario Court I'lem
(General Division) or a judge of it from an order made by the
Unified Family Court under the statutory provisions set out in

the Schedule to this Part shall be deemed to provide for an
appeal to the Divisional Court. New. ^^^

(4) Where no provision is made for an appeal from an ^^^"1
order of a judge presiding over the Unified Family Court, an
appeal lies,

(a) to the Court of Appeal from a final order, except
an order referred to in clause (b);

(b) to the Divisional Court from a final order,

(i) for a single payment of not more than
$25,000, exclusive of costs,

(ii) for periodic payments that amount to not
more than $25,000, exclusive of costs, in the
twelve months commencing on the date the
first payment is due under the order,

(iii) dismissing a claim for an amount that is not
more than the amount set out in subclause (i)
or (ii), or

Bill 2

COURTS OF JUSTICE

1989

Criminal
jurisdiction

(c) to the Divisional Court from an interlocutory order,
with leave as provided in the rules of court. 1984,
c. 11, s. 46 (4), amended.

51, — (1) A judge presiding over the Unified Family Court
has all the powers of a judge sitting in the Ontario Court
(Provincial Division) for the purposes of proceedings under

R.s.c. 1985, the Criminal Code (Canada)

c. C-46 ,^

Idem

R.s.c. 1980,
c. 400

1986, c. 4

R.S.O. 1980,
cc. 68, 293
1984, c. 55

(2) The Unified Family Court shall be deemed to be and
shall sit as the Provincial Division,

(a) for the purpose of dealing with young persons as
defined in the Provincial Offences Act; and

(b) for the purpose of prosecutions under the Family
Law Act, 1986, the Children's Law Reform Act, the
Minors' Protection Act and Part III (Child
Protection) and Part VII (Adoption) of the Child
and Family Services Act, 1984. "^^

Idem

(3) The Unified Family Court is a youth court for the pur-
R.s.c. 1985, pose of the Young Offenders Act (Canada). 1984, c. 11,
^' ^'^ s. 47, amended.

Conciliation
service

Rules

62. A conciliation service may be established, maintained
and operated as part of the Unified Family Court. 1984,
c. ll,s. 49.

63. — (1) The Lieutenant Governor in Council may make
rules for the Unified Family Court in relation to the practice
and procedure of the court and may make rules for the court,
even though they aher or conform to the substantive law, in
relation to.

(a) conduct of proceedings in the court;

(b) joinder of claims and parties, and representation of
parties;

(d) discovery and other forms of disclosure before hear-
ing, including their scope and their admissibility and
use in a proceeding;

(e) examination of witnesses in or out of court;

(f) duties of clerks and other officers;

1989

COURTS OF JUSTICE

Bill 2

(g) references of proceedings or issues in a proceeding
and the powers of a person conducting a reference;

(h) costs of proceedings;

(i) enforcement of orders and process;

(j) payment into and out of court;

(k) any matter that is referred to in an Act as provided
for by rules of court.

(2) Nothing in subsection (1) authorizes the making of rules idem
that conflict with an Act, but rules may be made under sub-
section (1) supplementing the provisions of an Act in respect

of practice and procedure.

(3) The rules of court made under Part IV do not apply to ^^^^
proceedings in the Unified Family Court. 1984, c. 11, s. 51,
amended.

SCHEDULE

Jurisdiction under tiie following statutory provisions:

Statutes

Provisions

Annulment of Marriages Act
(Ontario) (Canada)

All

Change of Name Act, 1986

All

Child and Family Services Act, 1984

Parts in, VI and
VII

Children's Law Reform Act

All, except sections
60 and 61

Divorce Act, 1985 (Canada)

All

Education Act

Sections 29 and 30

Family Law Act, 1986

All, except Part V

Marriage Act

Sections 6 and 9

Minors' Protection Act

Section 2

10.

Reciprocal Enforcement of
Maintenance Orders Act, 1982

All

11.

Support and Custody Orders
Enforcement Act, 1985

All

12.

Young Offenders Act (Canada)

All

Civil Rules
Committee

Idem

Tenure of
office

Bill 2 COURTS OF JUSTICE 1989

PART IV

Rules of Court

64. — (1) The Civil Rules Committee is established and
shall be composed of,