Bill C-12

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	RECOMMENDATION
	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''.
	SUMMARY
	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.
	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.
	It also makes other consequential amendments to the Judges Act and the Supplementary Retirement Benefits Act.
	EXPLANATORY NOTES
	Judges Act
	Clause 1: The current salaries in accordance with section 9, as adjusted pursuant to section 25, are as follows:
	9. The yearly salaries of the judges of the Supreme Court of Canada are as follows:
	(a) The Chief Justice of Canada $230,200
	(b) Eight puisne judges, each $213,300
	Clause 2: The current salaries in accordance with section 10, as adjusted pursuant to section 25, are as follows:
	10. The yearly salaries of the judges of the Federal Court are as follows:
	(a) The Chief Justice of the Federal Court $196,500
	(b) Ten other judges of the Federal Court of Appeal, each $179, 200
	(c) The Associate Chief Justice of the Federal Court $196, 500
	(d) Thirteen other judges of the Trial Division, each $179, 200
	Clause 3: The current salaries in accordance with section 11, as adjusted pursuant to section 25, are as follows:
	11. The yearly salaries of the judges of the Tax Court of Canada are as follows:
	(a) The Chief Judge $196,500
	(b) The Associate Chief Judge $196,500
	(c) The other judges, each $179,200
	Clause 4: The current salaries in accordance with section 12, as adjusted pursuant to section 25, are as follows:
	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:
	(a) The Chief Justice and the Associate Chief Justice of Ontario, each $196,500
	(b) Fourteen Justices of Appeal, each $179,200
	(c) The Chief Justice and the Associate Chief Justice of the Superior Court of Justice $196,500
	(d) One hundred and ninety-two other judges of the Superior Court of Justice, each $179,200
	Clause 5: The current salaries in accordance with section 13, as adjusted pursuant to section 25, are as follows:
	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:
	(a) The Chief Justice of Quebec $196,500
	(b) Eighteen puisne judges of the Court of Appeal, each $179, 200
	(c) The Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Superior Court, each $196,500
	(d) One hundred and forty puisne judges of the Superior Court, each $179,200
	Clause 6: The current salaries in accordance with section 14, as adjusted pursuant to section 25, are as follows:
	14. The yearly salaries of the judges of the Nova Scotia Court of Appeal and the Supreme Court of Nova Scotia are as follows:
	(a) The Chief Justice of Nova Scotia $196,500
	(b) Seven other judges of the Court of Appeal, each $179, 200
	(c) The Chief Justice and the Associate Chief Justice of the Supreme Court $196,500
	(d) Twenty-three other judges of the Supreme Court, each $179, 200
	Clause 7: The current salaries in accordance with section 15, as adjusted pursuant to section 25, are as follows:
	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:
	(a) The Chief Justice of New Brunswick $196,500
	(b) Five other judges of the Court of Appeal, each $179,200
	(c) The Chief Justice of the Court of Queen's Bench $196, 500
	(d) Twenty-one other judges of the Court of Queen's Bench, each $179, 200
	Clause 8: The current salaries in accordance with section 16, as adjusted pursuant to section 25, are as follows:
	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:
	(a) The Chief Justice of Manitoba $196,500
	(b) Six Judges of Appeal, each $179,200
	(c) The Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Court of Queen's Bench, each $196,500
	(d) Thirty puisne judges of the Court of Queen's Bench, each $179, 200
	Clause 9: The current salaries in accordance with section 17, as adjusted pursuant to section 25, are as follows:
	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:
	(a) The Chief Justice of British Columbia $196,500
	(b) Twelve Justices of Appeal, each $179,200
	(c) The Chief Justice of the Supreme Court $196,500
	(c.1) The Associate Chief Justice of the Supreme Court $196, 500
	(d) Eighty-one other judges of the Supreme Court, each $179, 200
	Clause 10: The current salaries in accordance with section 18, as adjusted pursuant to section 25, are as follows:
	18. The yearly salaries of the judges of the Supreme Court of Prince Edward Island are as follows:
	(a) The Chief Justice of Prince Edward Island $196,500
	(b) Two other judges of the Appeal Division, each $179,200
	(c) The Chief Justice of the Trial Division $196,500
	(d) Three other judges of the Trial Division, each $179,200
	Clause 11: The current salaries in accordance with section 19, as adjusted pursuant to section 25, are as follows:
	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:
	(a) The Chief Justice of Saskatchewan $196,500
	(b) Six Judges of Appeal, each $179,200
	(c) The Chief Justice of the Court of Queen's Bench $196, 500
	(d) Twenty-nine other judges of the Court of Queen's Bench, each $179, 200
	Clause 12: The current salaries in accordance with section 20, as adjusted pursuant to section 25, are as follows:
	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:
	(a) The Chief Justice of Alberta $196,500
	(b) Ten Justices of Appeal, each $179,200
	(c) The Chief Justice and the Associate Chief Justice of the Court of Queen's Bench, each $196,500
	(d) Fifty-five other Justices of the Court of Queen's Bench, each $179, 200
	Clause 13: The current salaries in accordance with section 21, as adjusted pursuant to section 25, are as follows:
	21. The yearly salaries of the judges of the Supreme Court of Newfoundland are as follows:
	(a) The Chief Justice of Newfoundland $196,500
	(b) Five Judges of Appeal, each $179,200
	(c) The Chief Justice of the Trial Division $196,500
	(d) Eighteen other judges of the Trial Division, each $179, 200
	Clause 14: (1) The current salaries in accordance with subsection 22(1), as adjusted pursuant to section 25, are as follows:
	22. (1) The yearly salaries of the judges of the Supreme Court of the Yukon Territory are as follows:
	(a) The senior judge $179,200
	(b) The other judge $179,200
	(2) The current salaries in accordance with subsection 22(2), as adjusted pursuant to section 25, are as follows:
	(2) The yearly salaries of the judges of the Supreme Court of the Northwest Territories are as follows:
	(a) The senior judge $179,200
	(b) The two other judges, each $179,200
	(3) The current salaries in accordance with subsection 22(2.1), as adjusted pursuant to section 25, are as follows:
	(2.1) The yearly salaries of the judges of the Nunavut Court of Justice are as follows:
	(a) The senior judge $179,200
	(b) The two other judges, each $179,200
	Clause 15: New.
	Clause 16: Section 25 reads as follows:
	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
	(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.
	(2) For the purposes of subsection (1)
	(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
	(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.
	(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.
	(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.
	(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.
	(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.
	Clause 17: Subsection 26(6.2) reads as follows:
	(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.
	Clause 18: New.
	Clause 19: (1) Subsections 27(1) and (2) read as follows:
	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.
	(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.
	(2) Subsection 27(7) reads as follows:
	(7) The maximum yearly amounts of the representational allowance referred to in subsection (6) are as follows:
	(a) The Chief Justice of Canada $10,000
	(b) Each puisne judge of the Supreme Court of Canada $5,00 0
	(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
	(d) Each other chief justice referred to in sections 10 and 12 to 21 $5,00 0
	(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
	(f) The Chief Judge of the Tax Court of Canada $5,000
	(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 $5,000
	(h) The Chief Justice of the Court Martial Appeal Court of Canada $5,00 0
	Clause 20: New.
	Clause 21: New.
	Clause 22: Subsection 44(3) reads as follows:
	(3) No survivor is entitled to receive more than one annuity under this section.
	Clause 23: New.
	Clause 24: Section 44.2, as enacted by section 163 of the Modernization of Benefits and Obligations Act, reads as follows:
	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.
	(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.
	(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.
	(4) The Governor in Council may make regulations respecting
	(a) the time, manner and circumstances in which an election may be made, revoked or deemed to have been revoked;
	(b) the reduction to be made in the amount of a judge's annuity when an election is made;
	(c) the amount of the annuity to be paid under subsection (3); and
	(d) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of this section.
	Clause 25: Subsections 50(2.1) and (2.2) are new. Subsection 50(3) reads as follows:
	(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.
	Supplementary Retirement Benefits Act
	Clause 26: The relevant portion of the definition ``recipient'' in subsection 2(1) reads as follows:
	``recipient'' means a person who
	. . .
	(b) not having reached sixty years of age
	. . .
	(ii) is in receipt of a pension as a person described in
	(B) paragraph 42(1)(c) of the Judges Act,

Bill C-12

RECOMMENDATION

SUMMARY

EXPLANATORY NOTES

Judges Act

Supplementary Retirement Benefits Act