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Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)

Assented to 2017-06-22

PART 4Various Measures (continued)

DIVISION 10R.S., c. J-1Judges Act (continued)

Amendments to the Act (continued)

211 Paragraphs 24(3)(a) and (b) of the Act are replaced by the following:

  • (a) 16, in the case of judges appointed to appeal courts in the provinces; and

  • (b) 62, in the case of judges appointed to superior courts in the provinces other than appeal courts.

  • 212 (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 beginning on April 1, 2016.

  • (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 referred to in sections 9, 10 and 10.2 to 22 for the twelve-month period beginning on April 1, 2017, and for each subsequent twelve-month period, shall be the amount obtained by multiplying

213 Subsection 26(2) of the Act is replaced by the following:

  • Marginal note:Quadrennial inquiry

    (2) The Commission shall commence an inquiry on June 1, 2020, and on June 1 of every fourth year after 2020, and shall submit a report containing its recommendations to the Minister of Justice of Canada within nine months after the date of commencement.

214 The Act is amended by adding the following after section 26.1:

Marginal note:Definition of judiciary

26.11 In sections 26 and 26.1, judiciary includes the prothonotaries of the Federal Court.

215 Section 26.4 of the Act is replaced by the following:

Marginal note:Costs payable to representative of prothonotaries

  • 26.4 (1) The Commission may identify one representative of the prothonotaries of the Federal Court participating in an inquiry of the Commission to whom costs shall be paid in accordance with this section.

  • Marginal note:Entitlement to payment of costs

    (2) The representative identified under subsection (1) is entitled to be paid, out of the Consolidated Revenue Fund, 95% of the costs determined under subsection (3) in respect of his or her participation.

  • Marginal note:Determination of costs

    (3) An assessment officer of the Federal Court, other than a judge or a prothonotary, shall determine the amount of costs, on a solicitor-and-client basis, in accordance with the Federal Courts Rules.

  • Marginal note:Application

    (4) This section applies to costs incurred as of April 1, 2015 in relation to participation in any inquiry of the Commission.

  • 216 (1) Section 27 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Allowance for incidental expenditures by prothonotaries

      (1.1) On and after April 1, 2016, every prothonotary in receipt of a salary under this Act is entitled to be paid, up to a maximum of $3,000 for each year, for reasonable incidental expenditures that the fit and proper execution of the office of prothonotary may require, to the extent that the prothonotary has actually incurred the expenditures and is not entitled to be reimbursed for them under any other provision of this Act.

  • (2) Subsection 27(2) of the French version of the Act is replaced by the following:

    • Marginal note:Indemnité supplémentaire de vie chère pour le Nord canadien

      (2) À compter du 1er avril 2004, les juges de la Cour suprême de Terre-Neuve-et-Labrador qui résident au Labrador, les juges des cours suprêmes du Yukon et des Territoires du Nord-Ouest et de la Cour de justice du Nunavut rémunérés au titre de la présente loi reçoivent en outre, sans avoir à en rendre compte, une indemnité de vie chère de 12 000 $ par an pour les territoires et le Labrador.

217 Subsection 31(1) of the French version of the Act is replaced by the following:

Marginal note:Cour fédérale et Cour canadienne de l’impôt

  • 31 (1) Les juges en chef de la Cour d’appel fédérale ou de la Cour fédérale ou le juge en chef ou juge en chef adjoint de la Cour canadienne de l’impôt peuvent, en avisant le ministre de la Justice du Canada de leur décision, devenir simples juges du tribunal auquel ils appartiennent; le cas échéant, ils exercent cette charge et touchent le traitement correspondant jusqu’à la cessation de leurs fonctions, notamment par mise à la retraite d’office, démission ou révocation.

218 The Act is amended by adding the following after section 31:

Marginal note:Election of Chief Justice of the Court Martial Appeal Court of Canada

31.1 If the Chief Justice of the Court Martial Appeal Court of Canada notifies the Minister of Justice of Canada of their election to cease to perform the duties of that office and to perform only the duties of a judge of the court on which they serve, they shall, after giving that notice, hold only the office of a judge and shall be paid the salary annexed to the office of a judge, until they reach the age of retirement, resign or are removed from or otherwise cease to hold office.

219 Subsection 33(1) of the Act is replaced by the following:

Marginal note:Deemed election and notice

  • 33 (1) If a judge gives notice to the Minister of Justice of Canada and, if appropriate, to the attorney general of the province concerned of the judge’s election as provided in section 28, 29, 31, 31.1, 32 or 32.1 to be effective on a future day specified in the notice, being a day on which the judge will be eligible to so elect, the judge is, effective on that day, deemed to have elected and given notice of the election on that day under section 28, 29, 31, 31.1, 32 or 32.1, as the case may be.

  • 220 (1) The portion of paragraph 40(1)(c) of the Act before subparagraph (i) is replaced by the following:

    • (c) a judge of the Supreme Court of Newfoundland and Labrador resident in Labrador, 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 10 provinces or in another territory during the period of two years

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

    • (d) a survivor or child, as defined in subsection 47(1), of a judge of the Supreme Court of Newfoundland and Labrador resident in Labrador, the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice who dies while holding office as such, if the survivor or child lives with the judge at the time of the judge’s death and, within two years after the death, moves to a place of residence in one of the 10 provinces or in another territory;

  • (3) Subsection 40(1.1) of the Act is replaced by the following:

    • Marginal note:Limitation

      (1.1) Paragraphs (1)(c) and (d) apply only in respect of

      • (a) a judge who resided in one of the 10 provinces or in another territory at the time of appointment to the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, as the case may be; or

      • (b) a judge of the Supreme Court of Newfoundland and Labrador resident in Labrador who at the time of appointment did not reside there.

  • 221 (1) Section 43 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Annuity for former supernumerary judge

      (1.1) If a supernumerary judge to whom subsection (1) applies is appointed to a different court to perform only the duties of a judge, the annuity payable to the judge under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office or position previously held by him or her of chief justice, senior associate chief justice, associate chief justice or senior judge.

  • (2) Subsection 43(3) of the Act is replaced by the following:

    • Marginal note:Annuity — election under section 31.1

      (2.1) If the Chief Justice of the Court Martial Appeal Court of Canada, in accordance with section 31.1, has elected to cease to perform his or her duties as such and to perform only the duties of a judge, the annuity payable to him or her under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office held by him or her immediately before his or her election, if he or she had continued in that office for at least five years or had continued in that office and any other office of chief justice for a total of at least five years.

    • Marginal note:Annuity payable to chief justice or senior judge

      (2.2) If a chief justice or a senior judge, as defined in subsection 22(3), is appointed to a different court to perform only the duties of a judge, the annuity payable to him or her under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office of chief justice or position of senior judge, if he or she had continued in that office or position for at least five years or had continued in that office or position and any other office or position of chief justice or senior judge for at least five years.

    • Marginal note:Definition of chief justice and chief justice of a superior court of a province

      (3) In subsections (2) to (2.2), chief justice or chief justice of a superior court of a province means a chief justice, senior associate chief justice or associate chief justice of that court, or, if that court is constituted with divisions, of a division of that court.

    • Marginal note:Application of subsections (1) and (2)

      (4) Subsections (1) and (2) are deemed to have come into force on April 1, 2012.

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