Courts of Justice Amendment Act (Improved Family Court), 1998 Harnick, Hon. Charles Attorney General — Bill 48 (36th Parliament, 2nd Session)

Bill 48, 36-2

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Bill 48, Courts of Justice Amendment Act (Improved Family Court), 1998

Harnick, Hon. Charles Attorney General

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[36] Bill 48 Original (PDF)

B048_E

Bill 48 1998

An Act to Improve Court Services

for Families by Facilitating

Expansion of the Family Court and to

make other amendments to the

Courts of Justice Act

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Effect of Schedules

(1) If this

section is proclaimed in force before

section 8 of

the Courts Improvement Act, 1996 is proclaimed in force, the

Courts of Justice Act is amended in accordance with

Schedule A and

Schedule B is repealed. 1

Same

(2) If this

section is proclaimed in force after

section 8 of the

Courts Improvement Act, 1996 is proclaimed in force, the Courts

of Justice Act is amended in accordance with

Schedule B and

Schedule A

is repealed.

Amendments to s. 53

2. (1) Subsection 53 (1) of the Courts of Justice Act is

amended by adding the following clauses:

(a.2) fixing the remuneration of provincial judges;

(a.3) providing for the benefits to which provincial judges are entitled,

including benefits respecting,

(

i) leave of absence and vacations,

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

(iii) pension benefits for provincial judges and their surviving spouses

and children.

Same

(2) Section 53 of the Act is amended by adding the following

subsection:

Idem

(3) If there is a conflict between a regulation made under clause (1)

(a.2) or (a.3) and the Framework Agreement set out in the Schedule, the

Framework Agreement prevails.

Commencement

(1) Subject to subsection (2), this Act comes into force on a

day to be named by proclamation of the Lieutenant Governor.

Same

(2) Section 2 shall be deemed to have come into force on February

28, 1995.

Short title

4. The

short title of this Act is the Courts of Justice

Amendment Act (Improved Family Court), 1998 .

______________

1 The Courts of Justice Act has been previously

amended by the Statutes of Ontario, 1991,

chapter 46; 1993,

chapter 27,

Schedule; Ontario Regulation 922/93; the Statutes of Ontario, 1994,

chapter

12, sections 1 to 48; 1994,

chapter 27,

section 43; 1996,

chapter 25,

sections 1 and 9;

chapter 31, sections 65 and 66; 1997,

chapter 19,

section

32;

chapter 23,

section 5 and

chapter 26, Schedule.

SCHEDULE A

AMENDMENTS IF

SECTION 1 OF THIS BILL IS PROCLAIMED IN FORCE BEFORE

SECTION

8 OF THE COURTS IMPROVEMENT ACT, 1996

PART I

AMENDMENTS TO THE COURTS OF JUSTICE ACT

1. (1) Subsection 12 (1) of the Courts of Justice Act is

repealed and the following substituted:

Composition of General Division

(1) The General Division consists of,

(

a) the Chief Justice of the Ontario Court of Justice, who shall be

president of the Ontario Court of Justice;

(

b) the Associate Chief Justice of the Ontario Court of Justice;

(

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

(

d) the Senior Judge of the Family Court; and

(

e) such number of judges of the General Division as is fixed under clause

53 (1) (a).

(2) Subsections 12 (1.1), (1.2) and (1.3) of the Act are

repealed.

Section 14 of the Act is repealed and the following

substituted:

Powers and duties of Chief Justice of Ontario Court

(1) The Chief Justice of the Ontario Court shall

direct and supervise the sittings of the Ontario Court (General Division) and

the assignment of its judicial duties.

Regional senior judges, General Division

(2) A regional senior judge of the General Division shall, subject to the

authority of the Chief Justice of the Ontario Court, exercise the powers and

perform the duties of the Chief Justice in respect of the General Division in

his or her region.

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.

Absence of Chief Justice of Ontario Court

(4) If the Chief Justice 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 the Associate Chief Justice of the Ontario Court.

Senior Judge of Family Court

(5) The Senior Judge of the Family Court shall,

(

a) advise the Chief Justice of the Ontario Court with regard to,

(

i) the education of judges sitting in the Family Court,

(ii) practice and procedure, including mediation, in the Family Court,

(iii) the expansion of the Family Court, and

(iv) the expenditure of funds budgeted for the Family Court;

(

b) meet from time to time with the community liaison committees and

community resources committees established under sections 21.13 and 21.14;

and

(

c) perform other duties relating to the Family Court assigned to the

Senior Judge of the Family Court by the Chief Justice.

Absence of regional senior judge or Senior Judge of Family Court

(6) The powers and duties of a regional senior judge of the General

Division and the Senior Judge of the Family Court when he or she is absent

from Ontario or is for any reason unable to act shall be exercised and

performed by a judge of the General Division designated by the Chief Justice

of the Ontario Court.

Meetings with Associate Chief Justice, regional senior judges and Senior

Judge of Family Court

(7) The Chief Justice of the Ontario Court may hold meetings with the

Associate Chief Justice, the regional senior judges and the Senior Judge of

the Family Court in order to consider any matters concerning sittings of the

General Division and the assignment of its judicial duties.

2.1 Subsection 18 (2) of the Act is amended by striking out "the

associate chief justices" where it appears and substituting "the associate

chief justice".

(1) Clauses 21.2 (1) (

b) and (

c) of the Act are repealed and

the following substituted:

(

b) the Associate Chief Justice;

(

c) the Senior Judge of the Family Court.

(2) Subsections 21.2 (4), (5) and (6) of the Act are repealed and

the following substituted:

Temporary assignments

(4) The Chief Justice of the Ontario Court may, from time to time,

temporarily assign a judge referred to in clause (1) (

d) or (

e) to hear

matters outside the jurisdiction of the Family Court.

4. Sections 21.3 to 21.6 of the Act are repealed and the following

substituted:

Transitional measure

21.3

(1) All proceedings referred to in the

Schedule to

section 21.8 or in

section 21.12 that are pending in the General Division or

the Provincial Division in an area named under subsection 21.1 (5) as an area

in which the Family Court has jurisdiction shall be transferred to and

continued in the Family Court.

Same

(2) If a judge sitting in the Ontario Court (Provincial Division) is

seized of a matter in a proceeding that is the subject of a transfer under

subsection (1), the judge may complete that matter.

Section 21.9.1 of the Act is amended by inserting after

"section 21.8" in the second line "or in

section 21.12".

Section 21.12 of the Act is repealed and the following

substituted:

Enforcement of Orders

21.12

(1) A judge presiding over the Family Court shall

be deemed to be a judge of the Provincial Division for the purpose of

prosecutions under

Part III (Child Protection) and

Part VII (Adoption) of the

Child and Family Services Act , the Children's Law Reform

Act , the Family Law Act and the Family Responsibility and

Support Arrears Enforcement Act, 1996 .

Same

(2) The Family Court shall continue as a youth court for the purposes of

the Young Offenders Act (Canada) with respect to all proceedings

that were commenced in the Family Court under that Act before the day the

Courts of Justice Amendment Act (Improved Family Court), 1998 is

proclaimed in force.

Repeal

(3) Subsection (2) is repealed on a day to be named by

proclamation of the Lieutenant Governor.

7. Subsections 21.13 (1) and (2) of the Act are repealed and the

following substituted:

Community liaison committee

(1) There shall be one or more community liaison committees, as

recommended by the Chief Justice of the Ontario Court, or by a person he or

she designates for the purpose, and approved by the Attorney General, for

each area in which the Family Court has jurisdiction.

Composition

(2) A community liaison committee consists of judges, lawyers, persons

employed in court administration and other residents of the community,

appointed by the Chief Justice of the Ontario Court or by a person he or she

designates for the purpose.

8. Subsections 21.14 (1) and (2) of the Act are repealed and the

following substituted:

Community resources committee

(1) There shall be one or more community resources committees, as

recommended by the Chief Justice of the Ontario Court, or by a person he or

she designates for the purpose, and approved by the Attorney General, for

each area in which the Family Court has jurisdiction.

Composition

(2) A community resources committee consists of judges, lawyers, members

of social service agencies, persons employed in court administration and

other residents of the community, appointed by the Chief Justice of the

Ontario Court or by a person whom he or she designates for the purpose.

9. (1) Subsection 52 (2) of the Act is repealed and the following

substituted:

Same, Family Court

(2) The judges of the Family Court shall meet at least once in each year,

on a day fixed by the Chief Justice of the Ontario Court, in order to

consider this Act, the rules of court and the administration of justice

generally.

(2) Subsection 52 (2.2) of the Act is repealed and the following

substituted:

Same, regional senior judges, General Division

(2.2) The regional senior judges of the General Division and the Senior

Judge of the Family Court shall meet at least once in each year with the

Chief Justice and the Associate Chief Justice of the Ontario Court, on a day

fixed by the Chief Justice, in order to consider this Act, the rules of court

and the administration of justice generally.

10. Clauses 53 (1) (

a) and (a.1) of the Act are repealed and the

following substituted:

(

a) fixing the number of judges of the General Division for the purpose of

clause 12 (1) (e);

(a.1) fixing the number of judges of the General Division who are members

of the Family Court appointed under clause 21.2 (1) (e).

10.1 Clause 65 (2) (a.1) of the Act is amended by striking out

"associate chief justices" where it appears and substituting "associate chief

justice".

11. (1) Subsection 67 (2) of the Act is repealed and the following

substituted:

Composition

(2) The Family Rules Committee is composed of,

(

a) the Chief Justice and Associate Chief Justice of Ontario;

(

b) the Chief Justice and Associate Chief Justice of the Ontario

Court;

(

c) the Senior Judge of the Family Court;

(

d) the Chief Judge of the Ontario Court (Provincial Division) or, at his

or her designation, an associate chief judge;

(

e) one judge of the Court of Appeal, who shall be appointed by the Chief

Justice of Ontario;

(

f) four judges of the General Division appointed by the Chief Justice of

the Ontario Court, at least two of whom shall be judges of the Family Court

referred to in clause 21.2 (1) (

d) or (e);

(

g) two judges of the Provincial Division, who shall be appointed by the

Chief Judge of that division;

(

h) the Attorney General or a person designated by the Attorney

General;

(

i) one law officer of the Crown, who shall be appointed by the Attorney

General;

(

j) two persons employed in the administration of the courts, who shall be

appointed by the Attorney General;

(

k) four lawyers, who shall be appointed by The Law Society of Upper

Canada;

(

l) four lawyers, who shall be appointed by the Chief Justice of the

Ontario Court; an

Document details

Collection	Ontario — Bills
Citation	Bill 48, 36-2
Type	bill
Volume / chapter	p36 s2 bill 48 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	92931ff53b0a99a511181675e0b5acc5d7e25a20

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