FRAMEWORK AGREEMENT ON JUDGES' REMUNERATION

1. The framework agreement referred to in section 2 is the agreement entered into on November 18, 1992 by Her Majesty the Queen in right of the Province of Ontario, represented by the Chair of Management Board, and the Judges of the Ontario Court (Provincial Division) and the former Provincial Court (Civil Division), represented by the respective Presidents of The Ontario Judges Association, The Ontario Family Law Judges Association and the Ontario Provincial Court (Civil Division) Judges’ Association. O. Reg. 407/93, s. 1. 2. In fixing the remuneration of provincial judges and providing for the benefits to which they are entitled, the procedures set out in Appendices A and B of the framework agreement, set out in the Schedule to this Regulation, shall be followed and the recommendations of the Provincial Judges’ Remuneration Commission shall be implemented in accordance with the Act. O. Reg. 407/93, s. 2. 3. This Regulation applies despite Regulations 193 and 204 of the Revised Regulations of Ontario, 1990. O. Reg. 407/93, s. 3. Schedule APPENDIX A OF FRAMEWORK AGREEMENT between: Her Majesty the Queen in right of the Province of Ontario represented by the Chair of Management Board (“the Minister”) and the Judges of the Ontario Court (Provincial Division) and the former Provincial Court (Civil Division) represented by the respective Presidents of The Ontario Judges Association, The Ontario Family Law Judges Association and the Ontario Provincial Court (Civil Division) Judges’ Association (“the Judges”) These are the terms to which the Minister and the Judges agree. Definitions 1. In this agreement, “Commission” means the Provincial Judges’ Remuneration Commission; (“Commission”) “Crown” means Her Majesty the Queen in right of the Province of Ontario; (“Couronne”) “judges’ associations” means the associations representing the Judges of the Ontario Court (Provincial Division) and the former Provincial Court (Civil Division); (“associations de juges”) “parties” means the Crown and the judges’ associations. (“parties”) Introduction 2. The purpose of this agreement is to establish a framework for the regulation of certain aspects of the relationship between the executive branch of the government and the Judges, including a binding process for the determination of Judges’ compensation. It is intended that both the process of decision-making and the decisions made by the Commission shall contribute to securing and maintaining the independence of the Provincial Judges. Further, the agreement is intended to promote co-operation between the executive branch of the government and the judiciary and the efforts of both to develop a justice system which is both efficient and effective, while ensuring the dispensation of independent and impartial justice. 3. It is the intention of the parties that the binding process created by this document will take effect with respect to the 1995 Provincial Judges Remuneration Commission, and thereafter. 4. The Minister or the Judges may designate one or more persons to act on their behalf under this agreement. Commission and Appointments 5. The parties agree that the Provincial Judges Remuneration Commission is continued. 6. The parties agree that the Commission shall consist of the following three members: 1. One appointed jointly by the associations representing provincial judges. 2. One appointed by the Lieutenant Governor in Council. 3. One, who shall head the Commission, appointed jointly by the parties referred to in paragraphs 1 and 2. 7. The parties agree that the members of the Commission shall serve for a term of three years beginning on the first day of July in the year their inquiry under paragraph 13 is to be conducted. 8. The parties agree that the term of office of the persons who are members of the Commission on May 1, 1991 shall expire on June 30, 1995. 9. The parties agree that the members of the Commission may be reappointed when their term of office expires. 10. The parties agree that if a vacancy occurs on the Commission, a replacement may be appointed for the unexpired part of the term. 11. The parties agree that judges and public servants, as defined in the Public Service Act, shall not be members of the Commission. 12. The parties agree that the members of the Commission shall be paid the remuneration fixed by the Management Board of Cabinet and, subject to Management Board’s approval, the reasonable expenses actually incurred in carrying out their duties. Scope 13. The parties agree that in 1995, and in every third year after 1995, the Commission shall conduct an inquiry respecting, (a) the appropriate base level of salaries; (b) the appropriate design and level of pension benefits; and (c) the appropriate level of and kind of benefits and allowances of provincial judges. 14. The parties agree that in addition to the inquiry referred to in paragraph 13, the Commission may, in its discretion, conduct any further inquiries into any matter relating to salary levels, allowances and benefits of provincial judges that are mutually agreed by the judges and the Government of Ontario. 15. The parties agree that the Commission whose term begins on July 1, 1995 and all subsequent Commissions shall begin their inquiry under paragraph 13 immediately after their term begins and shall, on or before the thirty-first day of December in the year the inquiry began, present recommendations and a report to the Chair of the Management Board of Cabinet. 16. The parties agree that the Commission shall make an annual report of its activities to the Chair of Management Board and the Chair shall table the report in the Legislature. Powers and Procedures 17. The parties agree that the Commission may retain support services and professional services, including the services of counsel, as it considers necessary, subject to the approval of the Management Board. 18. The parties agree that the representatives of the Judges and the Lieutenant Governor in Council may confer prior to, during or following the conduct of an inquiry and may file such agreements with the Commission as they may be advised. 19. The parties agree that the Commission may participate in joint working committees with the judges and the government on specific items related to the inquiry of the Commission mentioned in paragraphs 13 and 14. 20. The parties agree that in conducting its inquiries, the Commission shall consider written and oral submissions made by provincial judges’ associations and by the Government of Ontario. 21. The parties agree that the following rules govern the presentation to the Commission of submissions by provincial judges’ associations and by the Government of Ontario, and their consideration by the Commission: 1. Each judges’ association is entitled to receive advance disclosure of written submissions by the Government of Ontario and is entitled to make a written submission in reply. 2. The Government of Ontario is likewise entitled to receive advance disclosure of written submissions by provincial judges’ associations and is entitled to make a written submission in reply. 3. When a representative of the Government of Ontario or of a judges’ association makes an oral submission, the Commission may exclude from the hearing all persons except representatives of the Government of Ontario and of the judges’ associations. 4. The representatives of the Government of Ontario and of the judges’ associations are entitled to reply to each other’s oral submissions. 5. If people have been excluded from the hearing under paragraph 3, the submissions of the Government of Ontario and of the judges’ associations shall not be made public except to the extent that they are mentioned in the Commission’s report. 22. The parties agree that the Commission may hold hearings, and may consider written and oral submissions from other interested persons and groups. 23. The parties agree that the Government of Ontario and the provincial judges’ associations are entitled to be present when other persons make oral submissions to the Commission and are entitled to receive copies of other persons’ written submissions. 24. In connection with, and for the purposes of, any inquiry, the Commission or any member thereof has the powers of a commission under the Public Inquiries Act. Criteria 25. The parties agree that the Commission in making its recommendation on provincial judges’ compensation shall give every consideration to, but not limited to, the following criteria, recognizing the purposes of this agreement as set out in paragraph 2: (a) the laws of Ontario; (b) the need to provide fair and reasonable compensation for judges in light of prevailing economic conditions in the province and the overall state of the provincial economy; (c) the growth or decline in real per capita income; (d) the parameters set by any joint working committees established by the parties; (e) that the Government may not reduce the salaries, pensions or benefits of Judges, individually or collectively, without infringing the principle of judicial independence; (f) any other factor which it considers relevant to the matters in issue. Report 26. The parties agree that they may jointly submit a letter to the Commission requesting that it attempt, in the course of its deliberations under paragraph 13, to produce a unanimous report, but in the event that the Commission cannot deliver a majority report, the Report of the Chair shall be the Report of the Commission for the purpose of paragraphs 13 and 14. Binding and Implementation 27. The recommendations of the Commission under paragraph 13, except those related to pensions, shall come into effect on the first day of April in the year following the year the Commission began its inquiry, except in the case of salary recommendations which shall come into effect on the first of April in the year in which the Commission began its inquiry and shall have the same force and effect as if enacted by the Legislature and are in substitution for the provisions of any schedule made pursuant to this Agreement and shall be implemented by the Lieutenant Governor in Council by order-in-council within sixty days of the delivery of the Commission’s report pursuant to paragraph 15. 28. The parties agree that the Commission may, within thirty days, upon application by the Crown or the judges’ associations made within ten days after the delivery of its recommendations and report pursuant to paragraph 15, subject to affording the Crown and the judges’ associations the opportunity to make representations thereupon to the Commission, amend, alter or vary its recommendations and report where it is shown to the satisfaction of the Commission that it has failed to deal with any matter properly arising from the inquiry under paragraph 13 or that an error relating to a matter properly under paragraph 13 is apparent on the report, and such decision is final and binding on the Crown and the judges’ associations, except those related to pensions. 29. Where a difference arises between the Crown and the judges’ associations relating to the implementation of recommendations properly within the scope of issues set out in paragraph 13, except those related to pensions, the difference shall be referred to the Commission and, subject to affording the Crown and the judges’ associations the opportunity to make representation thereupon to the Commission, its decision is final and binding on the Crown and the judges’ associations. 30. The parties agree that the recommendations with respect to pensions, or any reconsideration under paragraph 28 of a matter relating to pensions, shall be presented to the Management Board of Cabinet for consideration. 31. The parties agree the recommendations and report of the Commission following a discretionary inquiry pursuant to paragraph 14 shall be presented to the Chair of Management Board of Cabinet. 32. The parties agree that the recommendations of the Commission in consequence of an inquiry pursuant to paragraph 14 shall be given every consideration by Management Board of Cabinet, but shall not have the same force and effect as recommendations referred to in paragraph 13. 33. The parties agree that if the Management Board of Cabinet endorses recommendations referenced in paragraph 30 or 31, or some variation of those recommendations, the Chair of Management Board shall make every effort to implement them at the earliest possible date, following subsequent approval from Cabinet. Disputes 34. The parties agree that if disputes arise as to whether a recommendation is properly the subject of an inquiry referenced in paragraph 13, or whether the recommendation falls within the parameters of paragraph 27 or 30, or with respect to the process, either party may require the Commission to consider the matter further. 35. The parties agree that requests by either party made under paragraph 34 shall be presented to the Commission for consideration within one month of the presentation of the report to the Chair of Management Board. 36. The parties agree that the Commission, upon receiving notice from either party as set out in paragraph 34, shall present to the Chair of Management Board a decision with respect to the said matter, within one month of receiving such notice. 37. The parties may, during the course of the Commission’s inquiry set out in paragraph 34, present either written or oral positions to the Commission for consideration on the said matter, which shall be disclosed to either party. 38. The parties agree that the decision of the Commission, as set out in paragraph 36, shall be given every consideration and very great weight by the Management Board of Cabinet. 39. Neither party can utilize the dispute clauses to limit, or to narrow, the scope of the Commission’s review as set out under paragraph 13, or the binding effect of recommendations within its scope as set out under paragraphs 27 and 28. 40. The parties agree that in the event that an item(s) is referred to the Commission under paragraph 34, the Minister will proceed to implement the other recommendations of the Commission as set out in paragraphs 27, 28 and 33, except where the matter in dispute under paragraph 34 directly impacts the remaining items. Review 41. The parties agree that either party may, at any time, request the other party to meet and discuss improvements to the process. 42. The parties agree that any amendments agreed to by the parties in paragraph 41 shall have the same force and effect as if enacted by the Legislature and are in substitution for the provisions of the Act or any schedule made pursuant to the Act. Communication 43. The parties agree that all provincial judges should be made aware of any changes to their compensation package as a result of recommendations of the Commission. 44. The parties agree that all provincial judges should receive updated copies of legislation, regulations or schedules as necessary, related to compensation changes. Salaries and Indexing 45. The parties agree that effective on the first day of April in every year after 1995, the annual salaries for full-time provincial judges shall be adjusted as follows: 1. Determine the Industrial Aggregate for the twelve-month period that most recently precedes the first day of April of the year for which the salaries are to be calculated. 2. Determine the Industrial Aggregate for the twelve-month period immediately preceding the period referred to in paragraph 1. 3. Calculate the percentage that the Industrial Aggregate under paragraph 1 is of the Industrial Aggregate under paragraph 2. 4. If the percentage calculated under paragraph 3 exceeds 100 per cent, the salaries are to be calculated by multiplying the appropriate salaries for the year preceding the year for which the salaries are to be calculated by the lesser of that percentage and 107 per cent. 5. If the percentage calculated under paragraph 3 does not exceed 100 per cent, the salaries shall remain unchanged. 46. In paragraph 45, “Industrial Aggregate” for a twelve-month period is the average for the twelve-month period of the weekly wages and salaries of the Industrial Aggregate in Canada as published by Statistics Canada under the authority of the Statistics Act (Canada). 47. The salaries, allowances and benefits of provincial judges shall be paid out of the Consolidated Revenue Fund. Additional Provisions 48. This agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors and assigns. APPENDIX B OF FRAMEWORK AGREEMENT JUDICIAL SALARIES Date Formula April 1, 1991 $124,250 April 1, 1992 0% April 1, 1993 AIW (Note: See paragraph 46 of Appendix “A”) April 1, 1994 AIW (Note: See paragraph 46 of Appendix “A”) O. Reg. 407/93, Sched.