An Act to amend the Judges Act and certain other Acts in relation to courts (S.C. 2006, c. 11)
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Assented to 2006-12-14
An Act to amend the Judges Act and certain other Acts in relation to courts
S.C. 2006, c. 11
Assented to 2006-12-14
An Act to amend the Judges Act and certain other Acts in relation to courts
SUMMARY
Part 1 of this enactment amends the Judges Act to implement the federal government’s response to the report of the most recent Judicial Compensation and Benefits Commission regarding salaries and benefits of federally appointed judges. Included is a mechanism to divide judicial annuities upon breakdown of the conjugal relationship.
Part 2 makes certain amendments to the Federal Courts Act and a number of technical amendments to other Acts in relation to courts.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART 1AMENDMENTS TO THE JUDGES ACT
R.S., c. J-1Judges Act
Marginal note: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:
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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:
Marginal note: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.
Marginal note: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 each.
Marginal note: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 each.
Marginal note: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
Marginal note:2001, c. 7, s. 16
4. (1) Subsection 25(1) of the Act is replaced by the following:
Marginal note: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.
Marginal note:2001, c. 7, s. 16
(2) The portion of subsection 25(2) of the Act before paragraph (a) is replaced by the following:
Marginal note: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
Marginal note: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
Marginal note:2001, c. 7, s. 18
5. Subsection 26.3(2) of the Act is replaced by the following:
Marginal note: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.
Marginal note:2002, c. 7, s. 190(1)
6. (1) Subsection 27(2) of the Act is replaced by the following:
Marginal note: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.
Marginal note: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:
Marginal note: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;
Marginal note: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:
Marginal note: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.
Marginal note: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.
Marginal note:2002, c. 8, s. 88(1)(E)
8. Subsections 29(1) and (2) of the Act are replaced by the following:
Marginal note: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.
Marginal note: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.
Marginal note: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 Terri- tories 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;
Marginal note: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):
Marginal note: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.
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