Budget Implementation Act, 2022, No. 1 (S.C. 2022, c. 10)
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Assented to 2022-06-23
PART 5Various Measures (continued)
DIVISION 22Judges and Prothonotaries
R.S., c. J-1Judges Act
333 (1) The definitions age of retirement and survivor in section 2 of the Judges Act are replaced by the following:
- age of retirement
age of retirement of a judge or of a prothonotary means the age, fixed by law, at which the judge or prothonotary ceases to hold office; (mise à la retraite d’office)
- survivor
survivor, in relation to a judge or to a prothonotary, means a person who was married to the judge or prothonotary at the time of the judge’s or prothonotary’s death or who establishes that he or she was cohabiting with the judge or prothonotary in a conjugal relationship at the time of the judge’s or prothonotary’s death and had so cohabited for a period of at least one year. (survivant)
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
- prothonotary
prothonotary means a prothonotary of the Federal Court or a prothonotary of the Tax Court of Canada and includes a supernumerary prothonotary; (protonotaire)
(3) The definition prothonotary in section 2 of the Act is repealed.
(4) Section 2 of the Act is amended by adding the following in alphabetical order:
- associate judge
associate judge means an associate judge of the Federal Court or an associate judge of the Tax Court of Canada and includes a supernumerary associate judge; (juge adjoint)
334 Section 2.1 of the Act is replaced by the following:
Marginal note:Application to prothonotaries
2.1 (1) Subject to subsection (2), sections 26 to 26.3, 34 and 39, paragraphs 40(1)(a) and (b), subsection 40(2), sections 41, 41.2 to 42, 43.1 to 56 and 57, paragraph 60(2)(b), subsections 63(1) and (2) and sections 64 to 66 also apply to a prothonotary.
Marginal note:Prothonotary who made election
(2) Sections 41.2, 41.3, 42 and 43.1 to 52.22 do not apply to a prothonotary who made an election under the Economic Action Plan 2014 Act, No. 2 to continue to be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.
335 The heading of Part I of the Act is replaced by the following:
Judges and Prothonotaries
336 Paragraphs 9(a) and (b) of the Act are replaced by the following:
(a) the Chief Justice of Canada, $435,600; and
(b) the eight puisne judges, $403,300 each.
337 Paragraphs 10(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of the Federal Court of Appeal, $371,400;
(b) the other judges of the Federal Court of Appeal, $338,800 each;
(c) the Chief Justice and the Associate Chief Justice of the Federal Court, $371,400 each; and
(d) the other judges of the Federal Court, $338,800 each.
338 Section 10.2 of the Act is replaced by the following:
Marginal note:Court Martial Appeal Court
10.2 The yearly salary of the Chief Justice of the Court Martial Appeal Court of Canada shall be $371,400.
339 Paragraphs 11(a) to (c) of the Act are replaced by the following:
(a) the Chief Justice, $371,400;
(b) the Associate Chief Justice, $371,400; and
(c) the other judges, $338,800 each.
340 The Act is amended by adding the following after section 11:
Marginal note:Tax Court of Canada prothonotaries
11.1 The yearly salaries of the prothonotaries of the Tax Court of Canada shall be 80% of the yearly salaries, calculated in accordance with section 25, of the judges referred to in paragraph 11(c).
341 Paragraphs 12(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice and the Associate Chief Justice of Ontario, $371,400 each;
(b) the 14 Justices of Appeal, $338,800 each;
(c) the Chief Justice and the Associate Chief Justice of the Superior Court of Justice, $371,400 each; and
(d) the 212 other judges of the Superior Court of Justice, $338,800 each.
342 Paragraphs 13(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of Quebec, $371,400;
(b) the 19 puisne judges of the Court of Appeal, $338,800 each;
(c) the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Superior Court, $371,400 each; and
(d) the 144 puisne judges of the Superior Court, $338,800 each.
343 Paragraphs 14(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of Nova Scotia, $371,400;
(b) the seven other judges of the Court of Appeal, $338,800 each;
(c) the Chief Justice and the Associate Chief Justice of the Supreme Court, $371,400 each; and
(d) the 23 other judges of the Supreme Court, $338,800 each.
344 Paragraphs 15(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of New Brunswick, $371,400;
(b) the five other judges of the Court of Appeal, $338,800 each;
(c) the Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $371,400 each; and
(d) the 20 other judges of the Court of Queen’s Bench, $338,800 each.
345 Paragraphs 16(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of Manitoba, $371,400;
(b) the six Judges of Appeal, $338,800 each;
(c) the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $371,400 each; and
(d) the 31 puisne judges of the Court of Queen’s Bench, $338,800 each.
346 Paragraphs 17(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of British Columbia, $371,400;
(b) the 12 Justices of Appeal, $338,800 each;
(c) the Chief Justice and the Associate Chief Justice of the Supreme Court, $371,400 each; and
(d) the 86 other judges of the Supreme Court, $338,800 each.
347 Paragraphs 18(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of Prince Edward Island, $371,400;
(b) the two other judges of the Court of Appeal, $338,800 each;
(c) the Chief Justice of the Supreme Court, $371,400; and
(d) the three other judges of the Supreme Court, $338,800 each.
348 Paragraphs 19(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of Saskatchewan, $371,400;
(b) the seven Judges of Appeal, $338,800 each;
(c) the Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $371,400 each; and
(d) the 33 other judges of the Court of Queen’s Bench, $338,800 each.
349 Paragraphs 20(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of Alberta, $371,400;
(b) the 10 Justices of Appeal, $338,800 each;
(c) the Chief Justice and the two Associate Chief Justices of the Court of Queen’s Bench, $371,400 each; and
(d) the 70 other Justices of the Court of Queen’s Bench, $338,800 each.
350 Paragraphs 21(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of Newfoundland and Labrador, $371,400;
(b) the five Judges of Appeal, $338,800 each;
(c) the Chief Justice and the Associate Chief Justice of the Trial Division, $371,400 each; and
(d) the 18 other judges of the Trial Division, $338,800 each.
351 (1) Paragraphs 22(1)(a) and (b) of the Act are replaced by the following:
(a) the Chief Justice, $371,400; and
(b) the two other judges, $338,800 each.
(2) Paragraphs 22(2)(a) and (b) of the Act are replaced by the following:
(a) the Chief Justice, $371,400; and
(b) the two other judges, $338,800 each.
(3) Paragraphs 22(2.1)(a) and (b) of the Act are replaced by the following:
(a) the Chief Justice, $371,400; and
(b) the five other judges, $338,800 each.
352 (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, 2020.
(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, 10.2, 11 and 12 to 22 for the twelve-month period beginning on April 1, 2021, and for each subsequent twelve-month period, shall be the amount obtained by multiplying
353 Section 26.11 of the Act is replaced by the following:
Marginal note:Definition of judiciary
26.11 In sections 26 and 26.1, judiciary includes prothonotaries.
354 Subsections 26.4(1) and (2) of the Act are 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 and one representative of the prothonotaries of the Tax Court of Canada 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 representatives identified under subsection (1) are entitled to be paid, out of the Consolidated Revenue Fund, 95% of the costs determined under subsection (3) in respect of their participation.
355 The heading before section 27 of the English version of the Act is replaced by the following:
Special and Representational Allowances
356 (1) Subsections 27(1) and (1.1) of the Act are replaced by the following:
Marginal note:Allowance for incidental expenditures actually incurred
27 (1) On and after April 1, 2020, every judge in receipt of a salary under this Act is entitled to be paid, up to a maximum of $7,500 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:Allowance for incidental expenditures by prothonotaries
(1.1) On and after April 1, 2020, every prothonotary is entitled to be paid, up to a maximum of $7,500 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) Section 27 of the Act is amended by adding the following after subsection (2):
Marginal note:Allowance — medical or dental treatment
(2.1) If a judge referred to in subsection (2) is required to travel for the purpose of receiving a non-elective medical or dental treatment that is required without delay and unavailable at or in the immediate vicinity of the place where the judge resides, the judge is entitled to be paid an allowance for reasonable expenses actually incurred while travelling for that purpose, to the extent that the judge may not be reimbursed for them under any other provision of this Act.
(3) Subsection 27(6) of the Act is replaced by the following:
Marginal note:Representational allowance
(6) On and after April 1, 2020, 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, $25,000;
(b) each puisne judge of the Supreme Court of Canada, $15,000;
(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, $17,500;
(d) each other chief justice referred to in sections 10 to 21, $15,000;
(e) the Chief Justices of the Court of Appeal of Yukon, the Court of Appeal of the Northwest Territories, the Court of Appeal of Nunavut, the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice, $15,000 each;
(f) the Chief Justice of the Court Martial Appeal Court of Canada, $15,000; and
(g) the Senior Judge of the Family Court, and each regional senior judge, of the Superior Court of Justice in and for the Province of Ontario, $7,500.
357 The heading before section 28 of the Act is replaced by the following:
Supernumerary Judges and Prothonotaries
358 The Act is amended by adding the following after section 29:
Marginal note:Supernumerary prothonotaries
30 (1) If a prothonotary 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 prothonotary, the prothonotary shall hold the office of supernumerary prothonotary 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 end of five 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 prothonotary
(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:Duties of prothonotary
(3) A prothonotary who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the prothonotary by the chief justice or the associate chief justice of the court to which he or she is appointed.
Marginal note:Salary of supernumerary prothonotary
(4) The salary of each supernumerary prothonotary is the salary annexed to the office of a prothonotary.
Marginal note:Deemed election and notice
(5) For the purposes of subsection (1), if a prothonotary gives notice to the Minister of Justice of Canada of the prothonotary’s election to be effective on a future day specified in the notice, being a day on which the prothonotary will be eligible to make the election, the prothonotary is, effective on that day, deemed to have elected and given notice of the election on that day.
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