An Act to amend the Judges Act and to amend another Act in consequence (S.C. 2001, c. 7)
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Assented to 2001-06-14
R.S., c. J-1JUDGES ACT
15. The Act is amended by adding the following after section 22:
Marginal note:Rounding of amounts
23. A salary referred to in any of sections 9 to 22 that is not a multiple of one hundred dollars shall be rounded down to the next lowest multiple of one hundred dollars.
Marginal note:R.S., c. 16 (3rd Supp.), s. 2; 1994, c. 18, s. 9; 1998, c. 30, s. 4
16. Section 25 of the Act is replaced by the following:
Marginal note:Annual adjustment of salary
25. (1) For the twelve month periods commencing April 1, 2001, April 1, 2002 and April 1, 2003, the annual adjustment referred to in sections 9 to 22 shall be the amount obtained by multiplying
(a) the salary annexed to that office for the twelve month period immediately preceding the twelve month period in respect of which the salary is to be determined plus $2,000
by
(b) the percentage that the Industrial Aggregate for the first adjustment year is of the Industrial Aggregate for the second adjustment year less one hundred per cent, or seven per cent, whichever is less.
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, 2004, and for each subsequent twelve month period, shall be the amount obtained by multiplying
(a) the salary annexed to that office for the twelve month period immediately preceding the twelve month period in respect of which the salary is to be determined
by
(b) the percentage that the Industrial Aggregate for the first adjustment year is of the Industrial Aggregate for the second adjustment year, or one hundred and seven per cent, whichever is less.
Marginal note:Meaning of certain expressions
(3) For the purposes of this section,
(a) in relation to any twelve month period in respect of which the annual adjustment or 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 annual adjustment or the salary is to be determined, and the “second adjustment year” is the twelve month period immediately preceding the first adjustment year; and
(b) the “Industrial Aggregate” for an adjustment year is the average weekly wages and salaries of the Industrial Aggregate in Canada for that year as published by Statistics Canada under the authority of the Statistics Act.
Marginal note:1998, c. 30, s. 5
17. Subsection 26(6.2) of the French version of the Act is replaced by the following:
Marginal note:Étude en comité et rapport
(6.2) Le comité mentionné au paragraphe (6.1) peut effectuer une enquête ou tenir des audiences publiques au sujet du rapport qui lui a été déféré en vertu de ce paragraphe; s’il le fait, le comité fait rapport, au plus tard quatre-vingt-dix jours de séance après le renvoi, de ses conclusions à la chambre qui l’a établi ou désigné.
18. The Act is amended by adding the following after section 26.2:
Marginal note:Costs payable
26.3 (1) The Commission may identify those representatives of the judiciary 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) 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, one-half of the costs determined under subsection (3) in respect of his or her participation.
Marginal note:Determination of costs
(3) A prothonotary of the Federal Court of Canada shall determine the amount of costs, on a solicitor-and-client basis, as if the assessment of costs were an assessment of costs under subsection 413(1) of the Federal Court Rules, 1998, with any modifications that the circumstances require.
Marginal note:Application
(4) This section applies to costs incurred in relation to participation in any inquiry of the Commission conducted after September 1, 1999.
Marginal note:1989, c. 8, s. 10; 1999, c. 3, s. 73(1)
19. (1) Subsections 27(1) and (2) of the Act are replaced by the following:
Marginal note:Allowance for incidental expenditures actually incurred
27. (1) On and after April 1, 2000, every judge in receipt of a salary under this Act is entitled to be paid, up to a maximum of $5,000 for each year, for reasonable incidental expenditures that the fit and proper execution of the office of judge may require, to the extent that the judge has actually incurred the expenditures and is not entitled to be reimbursed for them under any other provision of this Act.
Marginal note:Additional allowance for northern judges
(2) On and after April 1, 2000, there shall be paid to each judge of the Supreme Court of the Yukon Territory, 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 the territories.
Marginal note:R.S., c. 50 (1st Supp.), s. 5(2), c. 27 (2nd Supp.), s. 4; 1993, c. 28, s. 78 (Sch. III, s. 84); 1996, c. 30, s. 2(3); 1998, c. 15, s. 29
(2) Subsection 27(7) of the Act is replaced by the following:
Marginal note:Limitation
(7) On and after April 1, 2000, the maximum yearly amounts of the representational allowance referred to in subsection (6) are as follows:
(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 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 and 12 to 21
$10,000(e) The senior judge of the Supreme Court of the Yukon Territory, the senior judge of the Supreme Court of the Northwest Territories and the senior judge of the Nunavut Court of Justice, each
$10,000(f) The Chief Judge of the Tax Court of Canada
$10,000(g) The Chief Justice of the Court of Appeal of the Yukon Territory, the Chief Justice of the Court of Appeal of the Northwest Territories and the Chief Justice of the Court of Appeal of Nunavut, each
$10,000(h) The Chief Justice of the Court Martial Appeal Court of Canada
$10,000
20. The Act is amended by adding the following after section 41:
Special Retirement Provision — Supreme Court of Canada Judges
Marginal note:Retired judge may continue to hold office
41.1 (1) A judge of the Supreme Court of Canada who has retired may, with the approval of the Chief Justice of Canada, continue to participate in judgments in which he or she participated before retiring, for a period not greater than six months after the date of the retirement.
Marginal note:Salary, etc.
(2) A retired judge participating in judgments shall receive
(a) the salary annexed to the office during that period less any amount otherwise payable to him or her under this Act in respect of the period, other than those amounts described in paragraphs (b) and (c);
(b) an amount that bears the same ratio to the allowance for incidental expenditures actually incurred referred to in subsection 27(1) that the number of months in the period bears to twelve; and
(c) the representational allowance referred to in subsection 27(6) for the period, as though the appropriate maximum referred to in subsection 27(7) were an amount that bears the same ratio to that allowance that the number of months in the period bears to twelve.
Marginal note:No extra remuneration
(3) Section 57 applies with respect to a judge to whom this section applies.
Benefits
Marginal note:Life insurance
41.2 (1) The Treasury Board shall establish, or enter into a contract to acquire, an insurance program for judges covering the following, on terms and conditions similar to those contained in the Public Service Management Insurance Plan and the public service management insurance directives that apply to executives:
(a) basic life insurance;
(b) supplementary life insurance;
(c) post-retirement life insurance;
(d) dependants’ insurance; and
(e) accidental death and dismemberment insurance.
Marginal note:Administration
(2) The Treasury Board may
(a) set terms and conditions in respect of the program, including those respecting premiums or contributions payable, benefits, and management and control of the program;
(b) make contributions and pay premiums or benefits, as required, out of the Consolidated Revenue Fund; and
(c) undertake and do all things it considers appropriate for the purpose of administering or supervising the program.
Marginal note:Non-application of certain regulations
(3) A contract entered into under this section is not subject to any regulation with respect to contracts made by the Treasury Board under the Financial Administration Act.
Marginal note:Compulsory participation
(4) Participation in basic life insurance under paragraph (1)(a) is compulsory for all judges.
Marginal note:Transitional
(5) A judge who holds office on the day on which this section comes into force may, despite subsection (4), elect, at any time within ninety days after that day,
(a) to participate in basic life insurance under paragraph (1)(a) but have his or her coverage under it limited to 100 per cent of salary at the time of his or her death; or
(b) not to participate in basic life insurance.
Marginal note:Transitional
(6) Subject to subsection (7), on the coming into force of this section, judges shall no longer be eligible for coverage under any other life insurance program established by the Treasury Board.
Marginal note:Supplementary life insurance
(7) Those judges covered by supplementary life insurance on the coming into force of this section may have their coverage continued under the insurance program for judges, unless they have made an election under paragraph (5)(b).
Marginal note:Health and dental care benefits
41.3 (1) Judges shall be eligible to participate in the Public Service Health Care Plan and the Public Service Dental Care Plan established by the Treasury Board, on the same terms and conditions as apply to employees in the executive group.
Marginal note:Health and dental care benefits for retired judges
(2) Judges who are in receipt of an annuity under this Act shall be eligible to participate in the Public Service Health Care Plan and the Pensioners’ Dental Services Plan established by the Treasury Board, on the same terms and conditions as apply to pensioners.
Marginal note:Administration
(3) Subject to subsections (1) and (2), the Treasury Board may
(a) set any terms and conditions in respect of those plans, including those respecting premiums or contributions payable, benefits, and management and control of the plans;
(b) make contributions and pay premiums or benefits, as required, out of the Consolidated Revenue Fund; and
(c) undertake and do all things it considers appropriate for the purpose of administering or supervising the plans.
Marginal note:Accidental death in the exercise of duties
41.4 (1) Compensation, within the meaning of the Government Employees Compensation Act, shall be paid to the dependants of a judge whose death results from an accident arising out of or in the performance of judicial duties, on the same basis as that paid to dependants eligible for compensation under that Act.
Marginal note:Flying accidents causing death
(2) Regulations made under section 9 of the Aeronautics Act apply with respect to a judge whose death results from an accident arising out of or in the performance of judicial duties.
Marginal note:Death resulting from act of violence
(3) Compensation shall be paid to the survivors of a judge whose death results from an act of violence unlawfully committed by another person or persons that occurs while the judge is performing judicial duties, on the same basis as that paid to the survivors of employees slain on duty within the meaning of the Public Service Income Benefit Plan for Survivors of Employees Slain on Duty, with any modifications that the circumstances require.
Marginal note:Application
(4) Subsections (1) to (3) apply to deaths that occur on or after April 1, 2000.
Marginal note:Delegation
41.5 (1) The Treasury Board may authorize the President or Secretary of the Treasury Board to exercise and perform, in such manner and subject to such terms and conditions as the Treasury Board directs, any of the powers and functions of the Treasury Board under sections 41.2 and 41.3 and may, from time to time as it sees fit, revise or rescind and reinstate the authority so granted.
Marginal note:Subdelegation
(2) The President or Secretary of the Treasury Board may, subject to and in accordance with the authorization, authorize one or more persons under his or her jurisdiction or any other person to exercise or perform any of those powers or functions.
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