Chief Justice Continuing as Judge

88. (1) Subsections 31(1) and (2) of the Act are replaced by the following:

Election of Chief or Associate Chief to change to duties of judge only

31. (1) If the Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada notifies the Minister of Justice of Canada of his or her election to cease to perform the duties of that office and to perform only the duties of a judge, he or she shall, after giving that notice , hold only the office of a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be, and shall be paid the salary annexed to the office of a judge of that Court, until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.

Restriction on election

(2) The Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada may make the election referred to in subsection (1) only if he or she has continued in the office for at least five years or has continued in the office and another office referred to in this subsection for a total of at least five years.

(2) Subsections 31(3) and (4) of the English version of the Act are replaced by the following:

Duties of judge

(3) The Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada who has made the election referred to in subsection (1) shall perform all of the judicial duties normally performed by a judge of that Court.

Salary of judge

(4) The salary of the Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or a Chief Justice or Associate Chief Justice of the Tax Court of Canada who has made the election referred to in subsection (1) is the salary annexed to the office of judge (other than the Chief Justice) of the Federal Court of Appeal, judge (other than the Chief Justice) of the Federal Court or judge (other than the Chief Justice or the Associate Chief Justice ) of the Tax Court of Canada, as the case may be.

89. Subsection 32(1) of the English version of the Act is replaced by the following:

Election to cease to perform duties of chief justice of provincial superior court

32. (1) Where the legislature of a province has enacted legislation establishing for each office of chief justice of a superior court of the province such additional offices of judge of that court as are required for the purposes of this section, and a chief justice of that court has notified the Minister of Justice of Canada and the attorney general of the province of his or her election to cease to perform the duties of chief justice and to perform only the duties of a judge, the chief justice shall thereupon hold only the office of a judge, other than a chief justice, of that court and shall be paid the salary annexed to the office of a judge, other than a chief justice, of that court until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.

1992, c. 51, s. 12

90. Subsection 34(1) of the Act is replaced by the following:

Superior courts

34. (1) Subject to this section and sections 36 to 39, a judge of a superior court who, for the purposes of performing any function or duty in that capacity, attends at any place other than that at which or in the immediate vicinity of which the judge is by law obliged to reside is entitled to be paid, as a travel allowance, moving or transportation expenses and the reasonable travel and other expenses incurred by the judge in so attending.

1992, c. 51, s. 16

91. (1) Paragraph 40(1)(a) of the Act is replaced by the following:

    (a) a person who is appointed a judge of a superior court and who, for the purposes of assuming the functions and duties of that office, is required to move from his or her place of residence to a place outside the immediate vicinity of the place where the person resided at the time of the appointment;

1989, c. 8, s. 11(1)

(2) Paragraphs 40(1)(e) and (f) of the Act are 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, within two years after retiring or resigning from that office, 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; and

    (f) the surviving spouse or child, as defined in subsection 47(1), of a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada who dies while holding office as such, if the surviving spouse or child, within two years after the death, 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.

1989, c. 8, s. 11(2)

(3) Subsection 40(1.2) of the Act is replaced by the following:

Limitation

(1.2) Paragraphs (1)(e) and (f) apply only in respect of a judge who, at the time of appointment to the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be, resided outside the area within which the judge was required to reside by the Act establishing that Court.

1992, c. 51, s. 17(1)

92. (1) Subsection 41(1) of the Act is replaced by the following:

Meeting, conference and seminar expenses

41. (1) A judge of a superior court who attends a meeting, conference or seminar that is held for a purpose relating to the administration of justice and that the judge in the capacity of a judge is required by law to attend, or who, with the approval of the chief justice of that court, attends any such meeting, conference or seminar that the judge in that capacity is expressly authorized by law to attend, is entitled to be paid, as a conference allowance, reasonable travel and other expenses actually incurred by the judge in so attending.

1992, c. 51, s. 17(2)

(2) The portion of subsection 41(2) of the Act before paragraph (b) is replaced by the following:

Expenses for other meetings, conferences or seminars

(2) Subject to subsection (3), a judge of a superior court who, with the approval of the chief justice of that court,

    (a) attends a meeting, conference or seminar that the judge in the capacity of a judge is not expressly authorized by law or is not required by law to attend but that is certified by the chief justice to be a meeting, conference or seminar having as its object or as one of its objects the promotion of efficiency or uniformity in the superior courts, or the improvement of the quality of judicial service in those courts, or

1992, c. 51, s. 17(3)

(3) Paragraph 41(3)(b) of the Act is replaced by the following:

    (b) to the judges of any other particular superior court exceeds the greater of $5,000 and the product obtained by multiplying the number of judges of that court by $500,

(4) The definition `` ``chief justice'' or ``chief judge'' '' in subsection 41(4) of the English version of the Act is replaced by the following:

``chief justice''
« juge en chef »

``chief justice'' of any court of which a particular judge is a member means the chief justice or other person recognized by law as having rank or status senior to all other members of, or having the supervision of, that court, but if that court is constituted with divisions, then it means the person having that rank or status in relation to all other members of the division of which the particular judge is a member;

1998, c. 30, s. 7

93. (1) Subsection 42(1) of the English version of the Act is replaced by the following:

Grant of annuities

42. (1) The Governor in Council shall grant to

    (a) a judge who has continued in judicial office for at least fifteen years, whose combined age and number of years in judicial office is not less than eighty and who resigns from office,

    (b) a judge who has continued in judicial office for at least fifteen years and resigns his or her office, if in the opinion of the Governor in Council the resignation is conducive to the better administration of justice or is in the national interest,

    (c) a judge who has become afflicted with a permanent infirmity disabling him or her from the due execution of the office of judge and resigns his or her office or by reason of that infirmity is removed from office,

    (d) a judge who has attained the age of retirement and has held judicial office for at least ten years, or

    (e) a judge of the Supreme Court of Canada who has continued in judicial office on that Court for at least ten years, has attained the age of sixty-five years and resigns from office,

an annuity equal to two-thirds of the salary annexed to the office held by the judge at the time of his or her resignation, removal or attaining the age of retirement, as the case may be.

(2) Subsection 42(4) of the Act is replaced by the following:

Definition of ``judicial office''

(4) In this section, ``judicial office'' means the office of a judge of a superior or county court.

(3) Subsection 42(4) of the Act, as enacted by section 18 of the Nova Scotia Courts Amendment Act, 1992, chapter 51 of the Statutes of Canada, 1992, is replaced by the following:

Definition of ``judicial office''

(4) In this section, ``judicial office'' means the office of a judge of a superior court.

94. (1) Subsection 43(1) of the English version of the Act is replaced by the following:

Annuity payable to supernume-
rary judge

43. (1) If a supernumerary judge, before becoming a supernumerary judge, held the office of chief justice, senior associate chief justice or associate chief justice, 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 previously held by him or her of chief justice, senior associate chief justice or associate chief justice.

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

Annuity payable to judge who elected under section 31 or 32

(2) If the Chief Justice of the Federal Court of Appeal or of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada, in accordance with section 31, or a chief justice of a superior court of a province, in accordance with section 32, 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.

1992, c. 51, s. 20

95. (1) The portion of subsection 44(1) of the Act before paragraph (a) is replaced by the following:

Annuity to surviving spouse

44. (1) Subject to this section, if , after July 10, 1955, a judge of a superior court died or dies while holding office, the Governor in Council shall grant to the judge's surviving spouse an annuity equal to one third of

(2) Paragraph 44(1)(b) of the English version of the Act is replaced by the following:

    (b) the salary annexed, at the date of death, to the office previously held by the judge of chief justice, senior associate chief justice or associate chief justice, if either subsection 43(1) or (2) would have applied to the judge if he or she had resigned, been removed or attained the age of retirement, on the day of death,

96. (1) Subsection 47(3) of the Act is replaced by the following:

Annuity to surviving children

(3) If a judge of a superior or county court dies while holding office, or a judge who was granted an annuity after October 5, 1971 dies, an annuity shall be granted to each surviving child of that judge as provided in subsections (4) to (6).

(2) Subsection 47(3) of the Act, as enacted by section 22 of the Nova Scotia Courts Amendment Act, 1992, chapter 51 of the Statutes of Canada, 1992, is replaced by the following:

Annuity to surviving children

(3) If a judge of a superior court dies while holding office, or a judge who was granted an annuity after October 5, 1971 dies, an annuity shall be granted to each surviving child of that judge as provided in subsections (4) to (6).

97. Subsection 51(1) of the English version of the Act is replaced by the following:

Return of contributions where no annuity

51. (1) If a judge has ceased to hold office otherwise than by reason of death and, at the time he or she ceased to hold office, no annuity under this Act was granted or could be granted to that judge, there shall thereupon be paid to the judge, in respect of his or her having ceased to hold that office, an amount equal to the total contributions made by him or her under subsection 50(1) or paragraph 50(2)(a), together with interest, if any, calculated pursuant to subsection (4).

1996, c. 30, s. 4(1)

98. (1) The portion of subsection 54(1) of the Act before paragraph (b) is replaced by the following:

Leave of absence

54. (1) No judge of a superior court shall be granted leave of absence from his or her judicial duties for a period

    (a) of six months or less, except with the approval of the chief justice or senior judge of the superior court; or

1992, c. 51, s. 24; 1996, c. 30, s. 4(1)

(2) Subsections 54(1.1) to (3) of the Act are replaced by the following:

Notification of leave by chief justice, etc.

(1.1) Whenever a leave of absence is granted under paragraph (1)(a), the chief justice or senior judge of the superior court shall, without delay, notify the Minister of Justice of Canada and, in the case of provincial or territorial courts, the minister of justice or the attorney general of the province or territory.

Notification of leave by Minister of Justice of Canada

(1.2) Whenever a leave of absence is granted under paragraph (1)(b), the Minister of Justice of Canada shall, without delay, notify the chief justice or senior judge of the superior court and, in the case of provincial or territorial courts, the minister of justice or the attorney general of the province or territory.

Report by chief justice, etc., of absence

(2) If it appears to the chief justice or senior judge of a superior court that a judge of the court is absent from the judge's judicial duties without the approval required by subsection (1), the chief justice or senior judge, as the case may be, shall report the absence to the Minister of Justice of Canada.

Absentee judge to report

(3) Whenever a judge of a superior court is absent from the judge's judicial duties for a period of more than 30 days, the judge shall report the absence and the reasons for it to the Minister of Justice of Canada.

99. Section 55 of the English version of the Act is replaced by the following:

Judicial duties exclusively

55. No judge shall, either directly or indirectly, for himself or herself or others, engage in any occupation or business other than his or her judicial duties, but every judge shall devote himself or herself exclusively to those judicial duties.

100. Subsection 57(3) of the English version of the Act is replaced by the following:

Expenses excepted

(3) In the cases described in subsection (1), a judge may receive his or her moving or transportation expenses and the reasonable travel and other expenses incurred by him or her away from his or her ordinary place of residence while acting in any such capacity or in the performance of any such duty or service, in the same amount and under the same conditions as if the judge were performing a function or duty as such judge, if those expenses are paid in respect of any matter within the legislative authority of Parliament, by the Government of Canada, and in respect of any matter within the legislative authority of the legislature of a province, by the government of the province.

101. (1) Paragraph 59(1)(e) of the Act is repealed.

(2) Subsection 59(4) of the English version of the Act is replaced by the following:

Substitute member

(4) Each member of the Council may appoint a judge of that member's court to be a substitute member of the Council and the substitute member shall act as a member of the Council during any period in which he or she is appointed to act, but the Chief Justice of Canada may, in lieu of appointing a member of the Supreme Court of Canada, appoint any former member of that Court to be a substitute member of the Council.

1992, c. 51, s. 26

102. (1) Subsection 60(1) of the Act is replaced by the following:

Objects of Council

60. (1) The objects of the Council are to promote efficiency and uniformity, and to improve the quality of judicial service, in superior courts.

(2) Paragraph 60(2)(a) of the English version of the Act is replaced by the following:

    (a) establish conferences of chief justices and associate chief justices;

1992, c. 51, s. 27

103. (1) Subsections 63(1) and (2) of the Act are replaced by the following:

Inquiries

63. (1) The Council shall, at the request of the Minister or the attorney general of a province, commence an inquiry as to whether a judge of a superior court should be removed from office for any of the reasons set out in paragraphs 65(2)(a) to (d).

Investigations

(2) The Council may investigate any complaint or allegation made in respect of a judge of a superior court.

(2) Paragraph 63(4)(a) of the English version of the Act is replaced by the following:

    (a) power to summon before it any person or witness and to require him or her to give evidence on oath, orally or in writing or on solemn affirmation if the person or witness is entitled to affirm in civil matters, and to produce such documents and evidence as it deems requisite to the full investigation of the matter into which it is inquiring; and

1992, c. 51, s. 28

104. Paragraph 69(1)(a) of the Act is replaced by the following: