Judges Act

Version of section 26.1 from 2002-12-31 to 2005-03-31:

Marginal note:Nomination
  •  (1) The Judicial Compensation and Benefits Commission consists of three members appointed by the Governor in Council as follows:

    • (a) one person nominated by the judiciary;

    • (b) one person nominated by the Minister of Justice of Canada; and

    • (c) one person, who shall act as chairperson, nominated by the members who are nominated under paragraphs (a) and (b).

  • Marginal note:Tenure and removal

    (2) Each member holds office during good behaviour, and may be removed for cause at any time by the Governor in Council.

  • Marginal note:Term of office

    (3) The term of office for the initial members appointed to the Commission ends on August 31, 2003. The members subsequently appointed hold office for a term of four years.

  • Marginal note:Continuance of duties

    (4) Where the term of a member ends, other than in the case of removal for cause, the member may carry out and complete any duties of the members in respect of a matter that was referred to the Commission under subsection 26(4) while he or she was a member.

  • Marginal note:Reappointment

    (5) A member is eligible to be reappointed for one further term if re-nominated in accordance with subsection (1).

  • Marginal note:Absence or incapacity

    (6) In the event of the absence or incapacity of a member, the Governor in Council may appoint as a substitute temporary member a person nominated in accordance with subsection (1) to hold office during the absence or incapacity.

  • Marginal note:Vacancy

    (7) If the office of a member becomes vacant during the term of the member, the Governor in Council shall appoint a person nominated in accordance with subsection (1) to hold office as a member for the remainder of the term.

  • Marginal note:Quorum

    (8) A quorum of the Commission consists of all three members.

  • Marginal note:Remuneration

    (9) The members of the Commission and persons carrying out duties under subsection (4) shall be paid

    • (a) the fees fixed by the Governor in Council; and

    • (b) such travel and living expenses incurred in the course of their duties while away from their ordinary place of residence as are fixed by the Governor in Council.

  • Marginal note:Compensation

    (10) The members of the Commission and persons carrying out duties under subsection (4) are deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

  • 1998, c. 30, s. 5.
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