An Act to amend the Judges Act and certain other Acts in relation to courts

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2006, c. 11 (Canada)

An Act to amend the Judges Act and certain other Acts in relation to courts

[Assented to 14th December, 2006.]

 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

 

Part 1

 

Amendments to the Judges Act

R.S., c. J-1

 

Judges Act

R.S., c. 39 (3rd Supp.), s. 1(1), c. 51, (4th Supp.), s. 13; 1992, c. 51, s. 5(1); 1998, c. 30, s. 2(1); 2001, c. 7, ss. 1-13; 2002, c. 8, ss. 83, 84(E)

1. Sections 9 to 21 of the Judges Act are replaced by the following:

Supreme Court of Canada

9. The yearly salaries of the judges of the Supreme Court of Canada are as follows:

 (a) the Chief Justice of Canada, $298,500; and

 (b) the eight puisne judges, $276,400 each.

Federal Courts

10. The yearly salaries of the judges of the Federal Courts are as follows:

 (a) the Chief Justice of the Federal Court of Appeal, $254,600;

 (b) the other judges of the Federal Court of Appeal, $232,300 each;

 (c) the Chief Justice of the Federal Court, $254,600; and

 (d) the other judges of the Federal Court, $232,300 each.

Tax Court of Canada

11. The yearly salaries of the judges of the Tax Court of Canada are as follows:

 (a) the Chief Justice, $254,600;

 (b) the Associate Chief Justice, $254,600; and

 (c) the other judges, $232,300 each.

Court of Appeal for Ontario and Superior Court of Justice

12. The yearly salaries of the judges of the Court of Appeal for Ontario and of the Superior Court of Justice in and for the Province of Ontario are as follows:

 (a) the Chief Justice and the Associate Chief Justice of Ontario, $254,600 each;

 (b) the 14 Justices of Appeal, $232,300 each;

 (c) the Chief Justice and the Associate Chief Justice of the Superior Court of Justice, $254,600 each; and

 (d) the 192 other judges of the Superior Court of Justice, $232,300 each.

Court of Appeal and Superior Court of Quebec

13. The yearly salaries of the judges of the Court of Appeal and of the Superior Court in and for the Province of Quebec are as follows:

 (a) the Chief Justice of Quebec, $254,600;

 (b) the 18 puisne judges of the Court of Appeal, $232,300 each;

 (c) the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Superior Court, $254,600 each; and

 (d) the 140 puisne judges of the Superior Court, $232,300 each.

Court of Appeal and Supreme Court of Nova Scotia

14. The yearly salaries of the judges of the Nova Scotia Court of Appeal and the Supreme Court of Nova Scotia are as follows:

 (a) the Chief Justice of Nova Scotia, $254,600;

 (b) the seven other judges of the Court of Appeal, $232,300 each;

 (c) the Chief Justice and the Associate Chief Justice of the Supreme Court, $254,600 each; and

 (d) the 23 other judges of the Supreme Court, $232,300 each.

Court of Appeal and Court of Queen’s Bench of New Brunswick

15. The yearly salaries of the judges of the Court of Appeal of New Brunswick and of the Court of Queen’s Bench of New Brunswick are as follows:

 (a) the Chief Justice of New Brunswick, $254,600;

 (b) the five other judges of the Court of Appeal, $232,300 each;

 (c) the Chief Justice of the Court of Queen’s Bench, $254,600; and

 (d) the 21 other judges of the Court of Queen’s Bench, $232,300 each.

Court of Appeal and Court of Queen’s Bench for Manitoba

16. The yearly salaries of the judges of the Court of Appeal for Manitoba and of Her Majesty’s Court of Queen’s Bench for Manitoba are as follows:

 (a) the Chief Justice of Manitoba, $254,600;

 (b) the six Judges of Appeal, $232,300 each;

 (c) the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $254,600 each; and

 (d) the 30 puisne judges of the Court of Queen’s Bench, $232,300 each.

Court of Appeal and Supreme Court of British Columbia

17. The yearly salaries of the judges of the Court of Appeal for British Columbia and of the Supreme Court of British Columbia are as follows:

 (a) the Chief Justice of British Columbia, $254,600;

 (b) the 12 Justices of Appeal, $232,300 each;

 (c) the Chief Justice and the Associate Chief Justice of the Supreme Court, $254,600 each; and

 (d) the 81 other judges of the Supreme Court, $232,300 each.

Supreme Court of Prince Edward Island

18. The yearly salaries of the judges of the Supreme Court of Prince Edward Island are as follows:

 (a) the Chief Justice of Prince Edward Island, $254,600;

 (b) the two other judges of the Appeal Division, $232,300 each;

 (c) the Chief Justice of the Trial Division, $254,600; and

 (d) the three other judges of the Trial Division, $232,300 each.

Court of Appeal and Court of Queen’s Bench for Saskatchewan

19. The yearly salaries of the judges of the Court of Appeal for Saskatchewan and of Her Majesty’s Court of Queen’s Bench for Saskatchewan are as follows:

 (a) the Chief Justice of Saskatchewan $254,600;

 (b) the six Judges of Appeal, $232,300 each;

 (c) the Chief Justice of the Court of Queen’s Bench, $254,600; and

 (d) the 29 other judges of the Court of Queen’s Bench, $232,300 each.

Court of Appeal and Court of Queen’s Bench of Alberta

20. The yearly salaries of the judges of the Court of Appeal of Alberta and of the Court of Queen’s Bench of Alberta are as follows:

 (a) the Chief Justice of Alberta, $254,600;

 (b) the 10 Justices of Appeal, $232,300 each;

 (c) the Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $254,600 each; and

 (d) the 55 other Justices of the Court of Queen’s Bench, $232,300 each.

Supreme Court of Newfoundland and Labrador

21. The yearly salaries of the judges of the Supreme Court of Newfoundland and Labrador are as follows:

 (a) the Chief Justice of Newfoundland and Labrador, $254,600;

 (b) the five Judges of Appeal, $232,300 each;

 (c) the Chief Justice of the Trial Division, $254,600; and

 (d) the 18 other judges of the Trial Division, $232,300 each.

1999, c. 3, s. 72; 2001, c. 7, s. 14; 2002, c. 7, s. 189

2. Subsections 22(1) to (2.1) of the Act are replaced by the following:

Supreme Court of Yukon

22.(1) The yearly salaries of the judges of the Supreme Court of Yukon are as follows:

 

(a) the senior judge, $254,600; and

 

(b) the other judge, $232,300.

Supreme Court of the Northwest Territories

 (2) The yearly salaries of the judges of the Supreme Court of the Northwest Territories are as follows:

 

(a) the senior judge, $254,600; and

 

(b) the two other judges, $232,300.

Nunavut Court of Justice

 (2.1) The yearly salaries of the judges of the Nunavut Court of Justice are as follows:

 

(a) the senior judge, $254,600; and

 

(b) the two other judges , $232,300.

1992, c. 51, s. 7(4)

3. Paragraph 24(6)(a) of the Act is replaced by the following:

 

(a) in relation to each of the Provinces of Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia, Saskatchewan, Alberta and Newfoundland and Labrador, the Court of Appeal of the Province; and

2001, c. 7, s. 16

4.(1) Subsection 25(1) of the Act is replaced by the following:

Annual adjustment of salary

25.(1) The yearly salaries referred to in sections 9 to 22 apply in respect of the twelve month period commencing April 1, 2004.

2001, c. 7, s. 16

 (2) The portion of subsection 25(2) of the Act before paragraph (a) is replaced by the following:

Annual adjustment of salary

 (2) The salary annexed to an office of judge in sections 9 to 22 for the twelve month period commencing April 1, 2005, and for each subsequent twelve month period, shall be the amount obtained by multiplying

2001, c. 7, s. 16

 (3) Paragraph 25(3)(a) of the Act is replaced by the following:

 

(a) in relation to any twelve month period in respect of which the salary is to be determined, the “first adjustment year” is the most recent twelve month period for which the Industrial Aggregate is available on the first day of the period in respect of which the salary is to be determined, and the “second adjustment year” is the twelve month period immediately preceding the first adjustment year; and

2001, c. 7, s. 18

5. Subsection 26.3(2) of the Act is replaced by the following:

Entitlement to payment of costs

 (2) A representative of the judiciary identified under subsection (1) who participates in an inquiry of the Commission is entitled to be paid, out of the Consolidated Revenue Fund, two thirds of the costs determined under subsection (3) in respect of his or her participation.

2002, c. 7, s. 190(1)

6.(1) Subsection 27(2) of the Act is replaced by the following:

Additional allowance for northern judges

 (2) On and after April 1, 2004, there shall be paid to each judge of the Supreme Court of Newfoundland and Labrador resident in Labrador and each judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice who is in receipt of a salary under this Act, in addition to the allowance provided by subsection (1), a non-accountable yearly allowance of $12,000 as compensation for the higher cost of living in Labrador and in the territories.

2001, c. 7, s. 19(2); 2002, c. 7, ss. 190 and 277(E), c. 8, s. 86

 (2) Subsections 27(6) and (7) of the Act are replaced by the following:

Representational allowance

 (6) On and after April 1, 2004, each of the following judges is entitled to be paid, as a representational allowance, reasonable travel and other expenses actually incurred by the judge or the spouse or common-law partner of the judge in discharging the special extra-judicial obligations and responsibilities that devolve on the judge, to the extent that those expenses may not be reimbursed under any other provision of this Act and their aggregate amount does not exceed in any year the maximum amount indicated below in respect of the judge:

 

(a) the Chief Justice of Canada, $18,750;

 

(b) each puisne judge of the Supreme Court of Canada, $10,000;

 

(c) the Chief Justice of the Federal Court of Appeal and each chief justice described in sections 12 to 21 as the chief justice of a province, $12,500;

 

(d) each other chief justice referred to in sections 10 to 21, $10,000;

 

(e) the Chief Justices of the Court of Appeal of Yukon, the Court of Appeal of the Northwest Territories and the Court of Appeal of Nunavut, and the senior judges of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice, $10,000 each;

 

(f) the Chief Justice of the Court Martial Appeal Court of Canada, $10,000; and

 

(g) each regional senior judge of the Superior Court of Justice in and for the Province of Ontario, $5,000.

 (3) The definition “chief justice” in subsection 27(9) of the Act is replaced by the following:

 "chief justice"
« juge en chef »
“chief justice”, except in paragraphs (6)(a) and (c), includes a senior associate chief justice and an associate chief justice;

R.S., c. 16 (3rd Supp.), s. 3; 2002, c. 8, s. 87(1)

7. Subsections 28(1) and (2) of the Act are replaced by the following:

Federal Courts and Tax Court

28.(1) If a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada notifies the Minister of Justice of Canada of his or her election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall hold the office of supernumerary judge of that Court from the time notice is given until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office, or until the expiry of 10 years from the date of the election, whichever occurs earlier, and shall be paid the salary annexed to that office.

Restriction on election

 (2) An election may be made under subsection (1) only by a judge

 

(a) who has continued in judicial office for at least 15 years and whose combined age and number of years in judicial office is not less than 80; or

 

(b) who has attained the age of 70 years and has continued in judicial office for at least 10 years.

2002, c. 8, s. 88(1)(E)

8. Subsections 29(1) and (2) of the Act are replaced by the following:

Provincial superior courts

29.(1) If the legislature of a province has enacted legislation establishing for each office of judge of a superior court of the province the additional office of supernumerary judge of the court, and a judge of that court notifies the Minister of Justice of Canada and the attorney general of the province of the judge’s election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall hold the office of supernumerary judge from the time notice is given until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office, or until the expiry of 10 years from the date of the election, whichever occurs earlier, and shall be paid the salary annexed to that office.

Conditions

 (2) An election under subsection (1) may only be made by a judge

 

(a) who has continued in judicial office for at least 15 years and whose combined age and number of years in judicial office is not less than 80; or

 

(b) who has attained the age of 70 years and has continued in judicial office for at least 10 years.

2002, c. 7, s. 193(1)

9.(1) Paragraph 40(1)(c) of the Act is replaced by the following:

 

(c) a judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice who moves to a place of residence in one of the ten provinces or in another territory during the period of two years

 ::(i) beginning two years before the judge’s date of eligibility to retire, or

 ::(ii) if no removal allowance is paid in respect of a move made during the period described in subparagraph (i), beginning on the judge’s date of retirement or resignation from office;

2002, c. 8, s. 93(2)

 (2) Paragraph 40(1)(e) of the Act is replaced by the following:

 

(e) a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada who moves to a place of residence in Canada outside the area within which the judge was required to reside by the Act establishing that Court, during the period of two years

 ::(i) beginning two years before the judge’s date of eligibility to retire, or

 ::(ii) if no removal allowance is paid in respect of a move made during the period described in subparagraph (i), beginning on the judge’s date of retirement or resignation from office; and

 (3) Section 40 of the Act is amended by adding the following after subsection (2):

Expenses of spouse or common-law partner

2.1. Where a removal allowance is payable to a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada under paragraph (1)(a), an employment assistance allowance shall be paid to the judge’s spouse or common-law partner up to a maximum of $5,000 for expenses actually incurred by the spouse or common-law partner in pursuing employment in the judge’s new place of residence.

2001, c. 7, s. 20

10. Paragraph 41.1(2)(c) of the Act is replaced by the following:

 

(c) the representational allowance referred to in subsection 27(6) for the period, as though the appropriate maximum referred to in that subsection were an amount that bears the same ratio to that allowance that the number of months in the period bears to twelve.

1998, c. 30, s. 7(2); 2002, c. 8, s. 95(1)(E)

11.(1) Paragraph 42(1)(e) of the Act is replaced by the following:

 

(e) a judge of the Supreme Court of Canada who has continued in judicial office on that Court for at least 10 years and resigns from office,

2002, c. 8, par. 111(a)(E)

 (2) Subsection 42(3) of the French version of the Act is replaced by the following:

Durée des pensions

 (3) Le juge touche la pension à compter de la date à laquelle il cesse d’occuper son poste, et ce, jusqu’à son décès.

2001, c. 7, s. 21

12. Subsection 43.1(2) of the Act is replaced by the following:

Calculation of amount of deferred annuity

 (2) The amount of the deferred annuity shall be two thirds of the amount of the salary annexed to the judge’s office at the time of the election multiplied by a fraction of which

 

(a) the numerator is the number of years, to the nearest one tenth of a year, during which the judge has continued in judicial office, and

 

(b) the denominator is the number of years, to the nearest one tenth of a year, during which the judge would have been required to continue in judicial office in order to be eligible to be granted an annuity under paragraph 42(1)(a) or (d).

2000, c. 12, par. 169(a)

13. Subsection 44(2) of the Act is replaced by the following:

Where judge receiving annuity

 (2) Subject to this section, where a judge who, before, on or after July 11, 1955, was granted a pension or annuity under this Act or any other Act of Parliament providing for the grant of pensions or annuities to judges died or dies after July 10, 1955, the Governor in Council shall grant to the survivor of the judge

 

(a) an annuity equal to one half of the pension or annuity granted to the judge, commencing on July 18, 1983 or immediately after the death of the judge, whichever is later, and continuing during the life of the survivor; or

 

(b) if a division of the judge’s annuity benefits has been made under section 52.14, an annuity equal to one half of the annuity that would have been granted to the judge had the annuity benefits not been divided, commencing immediately after the death of the judge and continuing during the life of the survivor.

2002, c. 8, s. 99

14. Subsection 50(2.1) of the Act is replaced by the following:

Adjustment of contributions

 (2.1) A supernumerary judge, a judge who continues in judicial office after having been in judicial office for at least 15 years and whose combined age and number of years in judicial office is not less than 80, a judge of the Supreme Court of Canada who has continued in judicial office on that Court for at least 10 years, or a judge referred to in section 41.1 is not required to contribute under subsections (1) and (2) but is required to contribute, by reservation from salary, to the Supplementary Retirement Benefits Account at a rate of one per cent of his or her salary.

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