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Her Excellency the Governor General recommends to the
House of Commons the appropriation of public revenue
under the circumstances, in the manner and for the purposes
set out in a measure entitled ``An Act to amend the Judges Act and to
amend another Act in consequence''.
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This enactment implements the federal government's
reponse to the report of the 1999 Judicial Compensation and
Benefits Commission regarding compensation and benefits
for judges.
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It amends the Judges Act to increase judicial salaries and allowances,
improve the current judicial annuities scheme and put into place a separate
life insurance plan for federally appointed judges.
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It also makes other consequential amendments to the Judges
Act and the Supplementary Retirement Benefits Act.
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Clause 1: The current salaries in accordance with section 9,
as adjusted pursuant to section 25, are as follows:
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9. The yearly salaries of the judges of the Supreme Court of Canada are as
follows:
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(a) The Chief Justice of Canada $230,200
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(b) Eight puisne judges, each $213,300
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Clause 2: The current salaries in accordance with section
10, as adjusted pursuant to section 25, are as follows:
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10. The yearly salaries of the judges of the Federal Court are as follows:
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(a) The Chief Justice of the Federal Court $196,500
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(b) Ten other judges of the Federal Court of Appeal, each $179,
200
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(c) The Associate Chief Justice of the Federal Court $196,
500
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(d) Thirteen other judges of the Trial Division, each $179,
200
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Clause 3: The current salaries in accordance with section
11, as adjusted pursuant to section 25, are as follows:
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11. The yearly salaries of the judges of the Tax Court of Canada are as
follows:
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(a) The Chief Judge $196,500
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(b) The Associate Chief Judge $196,500
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(c) The other judges, each $179,200
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Clause 4: The current salaries in accordance with section
12, as adjusted pursuant to section 25, are as follows:
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12. The yearly salaries of the judges of the Court of Appeal for Ontario and
of the Superior Court of Justice in and for the Province of Ontario are as
follows:
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(a) The Chief Justice and the Associate Chief Justice of Ontario, each $196,500
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(b) Fourteen Justices of Appeal, each $179,200
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(c) The Chief Justice and the Associate Chief Justice of the Superior Court
of Justice $196,500
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(d) One hundred and ninety-two other judges of the Superior Court of
Justice, each $179,200
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Clause 5: The current salaries in accordance with section
13, as adjusted pursuant to section 25, are as follows:
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13. The yearly salaries of the judges of the Court of Appeal and of the
Superior Court in and for the Province of Quebec are as follows:
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(a) The Chief Justice of Quebec $196,500
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(b) Eighteen puisne judges of the Court of Appeal, each $179,
200
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(c) The Chief Justice, the Senior Associate Chief Justice and the Associate
Chief Justice of the Superior Court, each $196,500
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(d) One hundred and forty puisne judges of the Superior Court, each $179,200
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Clause 6: The current salaries in accordance with section
14, as adjusted pursuant to section 25, are as follows:
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14. The yearly salaries of the judges of the Nova Scotia Court of Appeal and
the Supreme Court of Nova Scotia are as follows:
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(a) The Chief Justice of Nova Scotia $196,500
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(b) Seven other judges of the Court of Appeal, each $179,
200
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(c) The Chief Justice and the Associate Chief Justice of the Supreme Court $196,500
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(d) Twenty-three other judges of the Supreme Court, each $179,
200
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Clause 7: The current salaries in accordance with section
15, as adjusted pursuant to section 25, are as follows:
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15. The yearly salaries of the judges of the Court of Appeal of New
Brunswick and of the Court of Queen's Bench of New Brunswick are as
follows:
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(a) The Chief Justice of New Brunswick $196,500
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(b) Five other judges of the Court of Appeal, each $179,200
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(c) The Chief Justice of the Court of Queen's Bench $196,
500
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(d) Twenty-one other judges of the Court of Queen's Bench, each $179,
200
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Clause 8: The current salaries in accordance with section
16, as adjusted pursuant to section 25, are as follows:
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16. The yearly salaries of the judges of the Court of Appeal for Manitoba and
of Her Majesty's Court of Queen's Bench for Manitoba are as follows:
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(a) The Chief Justice of Manitoba $196,500
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(b) Six Judges of Appeal, each $179,200
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(c) The Chief Justice, the Senior Associate Chief Justice and the Associate
Chief Justice of the Court of Queen's Bench, each $196,500
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(d) Thirty puisne judges of the Court of Queen's Bench, each $179,
200
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Clause 9: The current salaries in accordance with section
17, as adjusted pursuant to section 25, are as follows:
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17. The yearly salaries of the judges of the Court of Appeal for British
Columbia and of the Supreme Court of British Columbia are as follows:
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(a) The Chief Justice of British Columbia $196,500
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(b) Twelve Justices of Appeal, each $179,200
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(c) The Chief Justice of the Supreme Court $196,500
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(c.1) The Associate Chief Justice of the Supreme Court $196,
500
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(d) Eighty-one other judges of the Supreme Court, each $179,
200
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Clause 10: The current salaries in accordance with section
18, as adjusted pursuant to section 25, are as follows:
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18. The yearly salaries of the judges of the Supreme Court of Prince Edward
Island are as follows:
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(a) The Chief Justice of Prince Edward Island $196,500
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(b) Two other judges of the Appeal Division, each $179,200
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(c) The Chief Justice of the Trial Division $196,500
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(d) Three other judges of the Trial Division, each $179,200
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Clause 11: The current salaries in accordance with section
19, as adjusted pursuant to section 25, are as follows:
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19. The yearly salaries of the judges of the Court of Appeal for
Saskatchewan and of Her Majesty's Court of Queen's Bench for
Saskatchewan are as follows:
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(a) The Chief Justice of Saskatchewan $196,500
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(b) Six Judges of Appeal, each $179,200
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(c) The Chief Justice of the Court of Queen's Bench $196,
500
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(d) Twenty-nine other judges of the Court of Queen's Bench, each $179,
200
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Clause 12: The current salaries in accordance with section
20, as adjusted pursuant to section 25, are as follows:
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20. The yearly salaries of the judges of the Court of Appeal of Alberta and of
the Court of Queen's Bench of Alberta are as follows:
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(a) The Chief Justice of Alberta $196,500
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(b) Ten Justices of Appeal, each $179,200
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(c) The Chief Justice and the Associate Chief Justice of the Court of Queen's
Bench, each $196,500
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(d) Fifty-five other Justices of the Court of Queen's Bench, each $179,
200
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Clause 13: The current salaries in accordance with section
21, as adjusted pursuant to section 25, are as follows:
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21. The yearly salaries of the judges of the Supreme Court of Newfoundland
are as follows:
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(a) The Chief Justice of Newfoundland $196,500
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(b) Five Judges of Appeal, each $179,200
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(c) The Chief Justice of the Trial Division $196,500
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(d) Eighteen other judges of the Trial Division, each $179,
200
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Clause 14: (1) The current salaries in accordance with
subsection 22(1), as adjusted pursuant to section 25, are as
follows:
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22. (1) The yearly salaries of the judges of the Supreme Court of the Yukon
Territory are as follows:
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(a) The senior judge $179,200
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(b) The other judge $179,200
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(2) The current salaries in accordance with subsection
22(2), as adjusted pursuant to section 25, are as follows:
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(2) The yearly salaries of the judges of the Supreme Court of
the Northwest Territories are as follows:
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(a) The senior judge $179,200
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(b) The two other judges, each $179,200
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(3) The current salaries in accordance with subsection
22(2.1), as adjusted pursuant to section 25, are as follows:
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(2.1) The yearly salaries of the judges of the Nunavut Court
of Justice are as follows:
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(a) The senior judge $179,200
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(b) The two other judges, each $179,200
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Clause 15: New.
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Clause 16: Section 25 reads as follows:
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25. (1) For the twelve month period commencing April 1, 1987 and for each
twelve month period thereafter, the salary annexed to an office of judge shall
be the amount obtained by multiplying
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(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
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by
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(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.
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(2) For the purposes of subsection (1)
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(a) in relation to any twelve month period in respect of which 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 salary is to be determined, and the ``second
adjustment year'' is the twelve month period immediately preceding the
first adjustment year; and
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(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.
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(3) A salary determined for a twelve month period pursuant
to subsection (1) that is not a multiple of one hundred dollars
shall be rounded to the closest multiple of one hundred
dollars that is lower than the salary so determined.
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(4) Notwithstanding subsection (1), the salary annexed to an
office of judge for each of the twelve month periods
commencing April 1, 1993, April 1, 1994, April 1, 1995 and
April 1, 1996 shall be the salary annexed to that office for
the twelve month period commencing April 1, 1992.
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(5) For the purposes of determining the salary annexed to an
office of judge under subsection (1) for the twelve month
period commencing April 1, 1997, the salary annexed to
that office for the twelve month period immediately
preceding that twelve month period shall be deemed to be
the salary determined under subsection (4) multiplied by
104.1 per cent.
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(6) For the purposes of determining the salary annexed to an
office of judge under subsection (1) for the twelve month
period commencing April 1, 1998, the salary annexed to
that office for the twelve month period immediately
preceding that twelve month period shall be deemed to be
the salary determined under subsection (5) multiplied by
104.1 per cent.
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Clause 17: Subsection 26(6.2) reads as follows:
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(6.2) A committee referred to in subsection (6.1) may
conduct inquiries or public hearings in respect of a report
referred to it under that subsection, and if it does so, the
committee shall, not later than ninety sitting days after the
report is referred to it, report its findings to the House that
designated or established the committee.
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Clause 18: New.
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Clause 19: (1) Subsections 27(1) and (2) read as follows:
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27. (1) Every judge in receipt of a salary under this Act is entitled to be paid,
up to a maximum of $2,500 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 therefor under any other provision of this
Act.
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(2) 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 $6,000 as compensation for the higher
cost of living in the territories.
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(2) Subsection 27(7) reads as follows:
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(7) The maximum yearly amounts of the representational
allowance referred to in subsection (6) are as follows:
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(a) The Chief Justice of Canada $10,000
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(b) Each puisne judge of the Supreme Court of Canada $5,00
0
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(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 $7,000
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(d) Each other chief justice referred to in sections 10 and 12 to 21 $5,00
0
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(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 $5,000
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(f) The Chief Judge of the Tax Court of Canada $5,000
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(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 $5,000
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(h) The Chief Justice of the Court Martial Appeal Court of Canada $5,00
0
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Clause 20: New.
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Clause 21: New.
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Clause 22: Subsection 44(3) reads as follows:
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(3) No survivor is entitled to receive more than one annuity
under this section.
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Clause 23: New.
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Clause 24: Section 44.2, as enacted by section 163 of the
Modernization of Benefits and Obligations Act, reads as
follows:
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44.2 (1) Subject to the regulations, a judge who is in receipt of an annuity
under this Act may elect to reduce his or her annuity so that an annuity may
be paid to a person who, at the time of the election, is the spouse or
common-law partner of the judge but who is not entitled to an annuity under
section 44.
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(2) If a judge makes the election, the amount of the annuity
to which the judge is entitled shall be reduced in accordance
with the regulations, but the combined actuarial present
value of the reduced annuity and the annuity to which the
spouse or common-law partner could become entitled under
subsection (3) may not be less than the actuarial present
value of the annuity to which the judge is entitled
immediately before the reduction is made.
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(3) When the judge dies, a spouse or common-law partner in
respect of whom an election was made is entitled to an
annuity in an amount determined in accordance with the
election, subsection (2) and the regulations.
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(4) The Governor in Council may make regulations
respecting
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(a) the time, manner and circumstances in which an election may be made,
revoked or deemed to have been revoked;
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(b) the reduction to be made in the amount of a judge's annuity when an
election is made;
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(c) the amount of the annuity to be paid under subsection (3); and
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(d) any other matter that the Governor in Council considers necessary for
carrying out the purposes and provisions of this section.
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Clause 25: Subsections 50(2.1) and (2.2) are new.
Subsection 50(3) reads as follows:
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(3) For the purposes of the Income Tax Act, the amounts contributed
by a judge pursuant to subsection (1) or (2) shall be deemed to be contributed
to or under a registered pension plan.
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Clause 26: The relevant portion of the definition
``recipient'' in subsection 2(1) reads as follows:
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``recipient'' means a person who
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(b) not having reached sixty years of age
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(ii) is in receipt of a pension as a person described in
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(B) paragraph 42(1)(c) of the Judges Act,
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