The Ontario Judicial Council periodically updates its Procedures Document to clarify and streamline its processes, to ensure that the procedures reflect current practices, and to support the remedial objectives of the complaints process. On November 12, 2025, the OJC amended rules 9.2 and 12.10.

Rule 9.2 sets out factors to be considered by complaint subcommittees in making interim recommendations for a judge’s suspension with pay, or re-assignment to another court location, pending the final disposition of a complaint.

The OJC made two substantive amendments to this rule. First, the OJC amended rule 9.2(a), which addresses complaints arising from working relationships between judges and others. The OJC amended this rule to include the term, “affected third party”, to clarify that individuals may complain to the OJC on behalf of an affected third party. The amended (a) now also refers to both remote and in-person working relationships. Second, rule 9.2(d) was amended to reflect that an interim recommendation may be made where a complaint subcommittee has concerns about the competence and/or capacity of a judge to perform the essential duties of office, regardless of whether the judge has a disability.

Rule 12.10 addresses obtaining a judge’s consent to the referral of a complaint to the Chief Justice of the Ontario Court of Justice, with conditions. The OJC amended this rule to clarify that, as set out in s. 51.4(15) of the Courts of Justice Act, a judge’s consent is only required if conditions are attached to the referral.

The current version of the OJC Procedures Document is available here: https://www.ontariocourts.ca/ocj/conduct/files/procedures-EN-1.pdf