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ONTARIO REGULATION 28/00

made under the

COURTS OF JUSTICE ACT

Made: February 2, 2000
Filed: February 4, 2000

Amending O. Reg. 67/92

(Salaries and Benefits of Provincial Judges)

1. Section 3 of �������� Regulation 67/92 is amended by adding the following definition:

“same–sex partner” means either of two persons of the same sex who have lived together in a conjugal relationship,

(a) continuously for a period of at least three years, or

(b) in a relationship of some permanence, if they are the natural or adoptive parents of a child or if each of them has demonstrated a settled intention to treat a child as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody;

2. Subsection 17 (1) of the Regulation is revoked and the following substituted:

(1) The spouse or same–sex partner of a judge who dies while serving on a full–time basis and who would have been entitled to receive a pension under this Part if the judge had ceased to hold office before dying is entitled to a survivor allowance during the spouse’s or same–sex partner’s lifetime.

3. (1) Subsection 18 (1) of the Regulation is revoked and the following substituted:

(1) The spouse or same–sex partner of a person who dies while receiving a pension under this Part or who dies while entitled to receive a pension under this Part after ceasing to hold office as a judge is entitled to a survivor allowance during the spouse’s or same–sex partner’s lifetime.

(2) Subsection 18 (5) of the Regulation is revoked and the following substituted:

(5) Subsections (1) to (4) do not apply to the surviving spouse or same–sex partner of a deceased person if the spouse or same–sex partner became that person’s spouse or same–sex partner after the date on which the deceased person ceased to hold office.

4. Sections 19, 20 and 21 of the Regulation are revoked and the following substituted:

19. (1) Only one survivor allowance is payable to a spouse or same–sex partner under this Part.

(2) If two or more spouses or same–sex partners of a person claim to be entitled to a survivor allowance under this Part, the survivor allowance shall be paid, subject to subsection 18 (5), to,

(a) the spouse or same–sex partner with whom the person was living on the date of the person’s death, if the person was living with a spouse or same–sex partner on that date; or

(b) the spouse or same–sex partner chosen by the Board following a hearing, if the person was not living with a spouse or same–sex partner on the date of the person’s death.

20. (1) The child or children of a person who is survived by a spouse or same–sex partner are entitled on the death of the spouse or same–sex partner to a survivor allowance if,

(a) the person died while receiving or entitled to a pension under this Part; and

(b) the spouse or same–sex partner received a survivor allowance under this Part in respect of the person.

(2) The annual amount of the survivor allowance under this section is an amount equal to the annual amount of the survivor allowance to which the spouse or same–sex partner of the deceased person was entitled on the date of the spouse’s or same–sex partner’s death.

21. (1) The child or children of a person who dies while receiving or entitled to a pension under this Part and who is not survived by a spouse or same–sex partner are entitled to a survivor allowance.

(2) The annual amount of the survivor allowance under this section is an amount equal to the annual amount of the survivor allowance to which the spouse or same–sex partner of the deceased person would be entitled under this Part if the deceased person were survived by a spouse or same–sex partner.

(3) Subsection (1) does not apply in respect of a child of a deceased person and the spouse or same–sex partner of the deceased person if they became spouses or same–sex partners after the date on which the deceased person ceased to hold office.

5. Section 23 of the Regulation is revoked and the following substituted:

23. (1) The Lieutenant Governor in Council may require the Board to authorize payment of a survivor allowance in such initial annual amount as is specified by the Lieutenant Governor in Council to the spouse or same–sex partner or the child or children of a deceased person in respect of whom the Lieutenant Governor in Council could have required the Board to authorize a pension under section 11 while the person was alive.

(2) If the Lieutenant Governor in Council requires the Board to authorize payment of a survivor allowance under this section to a spouse or same–sex partner,

(a) the survivor allowance continues during the spouse’s or same–sex partner’s lifetime; and

(b) the child or children of the deceased person are entitled on the death of the spouse or same–sex partner to a survivor allowance in an annual amount equal to the annual amount of the survivor allowance to which the spouse or same–sex partner was entitled on the date of the spouse’s or same–sex partner’s death.

(3) Subsection (1) and clause (2) (b) do not apply in respect of a child of the deceased person and the spouse or same–sex partner of the deceased person if they became spouses or same–sex partners after the date on which the deceased person ceased to hold office as a judge.

6. Section 47 of the Regulation is revoked and the following substituted:

47. (1) The Lieutenant Governor in Council may require the Board to authorize payment of a survivor allowance in such initial annual amount as is specified by the Lieutenant Governor in Council to the spouse or same–sex partner or the child or children of a deceased person in respect of whom the Lieutenant Governor in Council could have required the Board to authorize a pension under subsection 40 (4) or an annual income allowance under subsection 46 (2) while the person was alive.

(2) If the Lieutenant Governor in Council requires the Board to authorize payment of a survivor allowance under this section to a spouse or same–sex partner,

(a) the survivor allowance continues during the spouse’s or same–sex partner’s lifetime; and

(b) the child or children of the deceased person are entitled on the death of the spouse or same–sex partner to a survivor allowance in an annual amount equal to the annual amount of the survivor allowance to which the spouse or same–sex partner was entitled on the date of the spouse’s or same–sex partner’s death.

(3) Subsection (1) and clause (2) (b) do not apply in respect of a child of the deceased person and the spouse or same–sex partner of the deceased person if they became spouses or same–sex partners after the date on which the deceased person ceased to hold office as a judge.

7. Subsection 48 (1) of the Regulation is revoked and the following substituted:

(1) In this Part,

“same–sex partner” means either of two persons of the same sex who live together in a conjugal relationship outside marriage;

“spouse” means,

(a) either of two persons of the opposite sex who are married to each other,

(b) either of two persons of the opposite sex who have together entered into a marriage that is voidable or void, in good faith on the part of the person asserting a right under this Part, or

(c) either of two persons of the opposite sex who live together in a conjugal relationship outside marriage.

8. Clause 56 (1) (b) of the Regulation is revoked and the following substituted:

(b) three days leave of absence with pay in the event of the death of the judge’s spouse, same–sex partner, parent, mother–in–law, father–in–law, child, brother or sister; and

9. Subsection 62 (1) of the Regulation is revoked and the following substituted:

(1) The Dependants’ Life Insurance Plan shall provide, in respect of each judge who chooses to participate in the Plan, whichever of the following life insurance coverages is chosen by the judge:

1. $1,000 for the spouse or same–sex partner of the judge and $500 for each dependent child of the judge.

2. $2,000 for the spouse or same–sex partner of the judge and $1,000 for each dependent child of the judge.

10. (1) Subsection 63 (1) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(1) The Supplementary Health and Hospital Insurance Plan shall provide to every judge who joins the Plan the following benefits in respect of expenses incurred on behalf of the judge, the judge’s spouse, the judge’s same–sex partner and the judge’s dependent children:

. . . . .

(2) Subsection 63 (5) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(5) The Supplementary Health and Hospital Insurance Plan shall provide to every judge who elects to participate in the Plan’s additional coverage for vision care and hearing aids the following benefits in respect of expenses incurred on behalf of the judge, the judge’s spouse, the judge’s same–sex partner and the judge’s dependent children:

. . . . .

11. Subsection 64 (1) of the Regulation is revoked and the following substituted:

(1) The Dental Insurance Plan shall provide to every judge who joins the Plan the following benefits in respect of expenses incurred on behalf of the judge, the judge’s spouse, the judge’s same–sex partner and the judge’s dependent children:

1. Reimbursement of 80 per cent of the cost of basic dental services, endodontic services, periodontic services and repair or maintenance services for existing dentures or bridges specified by the Plan, but not exceeding 80 per cent of the fees set out in the �������� Dental Association schedule of fees for general practitioners in effect when the expense is incurred.

2. Reimbursement of 50 per cent of the cost of new dentures specified by the Plan, not exceeding 50 per cent of the fees for new dentures set out in the �������� Dental Association schedule of fees in effect when the expense is incurred, and subject to a limit of $2,000 on the total amount of reimbursement under this paragraph in respect of any one of the judge, the judge’s spouse, the judge’s same–sex partner and the dependent children of the judge.

3. Reimbursement of 50 per cent of the cost of orthodontic services specified by the Plan and provided to a dependent child of the judge, not exceeding 50 per cent of the fees for those services set out in the �������� Dental Association schedule of fees in effect when the expense is incurred, and subject to a limit of $2,000 on the total amount of reimbursement under this paragraph in respect of any one child.

4. Reimbursement of 50 per cent of the cost of crowns, bridgework and other major restorative services specified by the Plan, not exceeding 50 per cent of the fees for those services set out in the �������� Dental Association schedule of fees in effect when the expense is incurred, and subject to a limit of $2,000 on the total amount of reimbursement under this paragraph in respect of any one of the judge, the judge’s spouse, the judge’s same–sex partner and the dependent children of the judge in any year.

12. This Regulation comes into force on the day section 18 of the Amendments Because of the Supreme Court of Canada Decision in M. v. H. Act, 1999 comes into force.

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