Skip to main content

Bill C-37

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

46-47 ELIZABETH II

CHAPTER 30

An Act to amend the Judges Act and to make consequential amendments to other Acts

[Assented to 18th November, 1998]

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. J-1; R.S., cc. 5, 11, 27, 41, 50 (1st Supp.), c. 27 (2nd Supp.), cc. 16, 39 (3rd Supp.), c. 51 (4th Supp.); 1989, c. 8; 1990, cc. 16, 17; 1992, cc. 1, 51; 1993, cc. 13, 28, 34; 1994, c. 18; 1996, cc. 2, 10, 22, 30

JUDGES ACT

1992, c. 51, s. 4

1. Subsection 8(2) of the Act is replaced by the following:

Retirement age

(2) A judge of the Superior Court of Justice in and for the Province of Ontario who held the office of a judge of the District Court of Ontario on March 1, 1987 and on August 31, 1990 may retire at the age of seventy years.

1990, c. 17, s. 29(1)

2. (1) The portion of section 12 of the Act before paragraph (a) is replaced by the following:

Court of Appeal for Ontario and the Superior Court of Justice

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:

1990, c. 17, s. 29(2)

(2) Paragraph 12(c) of the Act is amended by replacing the expression ``Ontario Court'' with the expression ``Superior Court of Justice''.

1990, c. 17, s. 29(2)

(3) Paragraph 12(d) of the Act is amended by replacing the expression ``Ontario Court (General Division)'' with the expression ``Superior Court of Justice''.

1996, c. 30, s. 1

3. (1) Paragraph 24(3)(a) of the Act is replaced by the following:

    (a) thirteen, in the case of judges appointed to appeal courts in the provinces; and

1992, c.51, s. 7(3)

(2) The portion of subsection 24(4) of the Act before paragraph (a) is replaced by the following:

Unified family courts

(4) For the purposes of assisting the establishment of unified family courts in the provinces, a further number of salaries not greater than thirty-six at any one time may be paid in the case of judges appointed to courts described in paragraph (3)(b)

1994, c. 18, s. 9

4. Subsection 25(5) of the Act is replaced by the following:

Calculation of salary for the twelve months commencing April 1, 1997

(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.

Calculation of salary for the twelve months commencing April 1, 1998

(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.

1996, c. 2, s. 1(1)

5. Section 26 of the Act is replaced by the following:

Commission

26. (1) The Judicial Compensation and Benefits Commission is hereby established to inquire into the adequacy of the salaries and other amounts payable under this Act and into the adequacy of judges' benefits generally.

Factors to be considered

(1.1) In conducting its inquiry, the Commission shall consider

    (a) the prevailing economic conditions in Canada, including the cost of living, and the overall economic and current financial position of the federal government;

    (b) the role of financial security of the judiciary in ensuring judicial independence;

    (c) the need to attract outstanding candidates to the judiciary; and

    (d) any other objective criteria that the Commission considers relevant.

Quadrennial inquiry

(2) The Commission shall commence an inquiry on September 1, 1999, and on September 1 of every fourth year after 1999, and shall submit a report containing its recommendations to the Minister of Justice of Canada within nine months after the date of commencement.

Postpone-
ment

(3) The Commission may, with the consent of the Minister of Justice and the judiciary, postpone the date of commencement of a quadrennial inquiry.

Other reports

(4) In addition to its quadrennial inquiry, the Minister of Justice may at any time refer to the Commission for its inquiry a matter mentioned in subsection (1). The Commission shall submit to that Minister a report containing its recommendations within a period fixed by the Minister after consultation with the Commission.

Extension of time

(5) The Governor in Council may, on the request of the Commission, extend the time for submission of a report under subsection (2) or (4).

Report of Commission

(6) The Minister of Justice shall table a copy of the report in each House of Parliament on any of the first ten days on which that House is sitting after the Minister receives the report.

Referral to Committee

(6.1) A report that is tabled in each House of Parliament under subsection (6) shall, on the day it is tabled or, if the House is not sitting on that day, on the day that House next sits, be referred by that House to a committee of that House that is designated or established by that House for the purpose of considering matters relating to justice.

Report by Committee

(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.

Definition of ``sitting day''

(6.3) For the purpose of subsection (6.2), ``sitting day'' means a day on which the House of Commons or the Senate, as the case may be, sits.

Response to report

(7) The Minister of Justice shall respond to a report of the Commission within six months after receiving it.

Nomination

26.1 (1) The Judicial Compensation and Benefits Commission consists of three members appointed by the Governor in Council as follows:

    (a) one person nominated by the judiciary;

    (b) one person nominated by the Minister of Justice of Canada; and

    (c) one person, who shall act as chairperson, nominated by the members who are nominated under paragraphs (a) and (b).

Tenure and removal

(2) Each member holds office during good behaviour, and may be removed for cause at any time by the Governor in Council.

Term of office

(3) The term of office for the initial members appointed to the Commission ends on August 31, 2003. The members subsequently appointed hold office for a term of four years.

Continuance of duties

(4) Where the term of a member ends, other than in the case of removal for cause, the member may carry out and complete any duties of the members in respect of a matter that was referred to the Commission under subsection 26(4) while he or she was a member.

Reappointmen t

(5) A member is eligible to be reappointed for one further term if re-nominated in accordance with subsection (1).

Absence or incapacity

(6) In the event of the absence or incapacity of a member, the Governor in Council may appoint as a substitute temporary member a person nominated in accordance with subsection (1) to hold office during the absence or incapacity.

Vacancy

(7) If the office of a member becomes vacant during the term of the member, the Governor in Council shall appoint a person nominated in accordance with subsection (1) to hold office as a member for the remainder of the term.

Quorum

(8) A quorum of the Commission consists of all three members.

Remunera-
tion

(9) The members of the Commission and persons carrying out duties under subsection (4) shall be paid

    (a) the fees fixed by the Governor in Council; and

    (b) such travel and living expenses incurred in the course of their duties while away from their ordinary place of residence as are fixed by the Governor in Council.

Compensa-
tion

(10) The members of the Commission and persons carrying out duties under subsection (4) are deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

Personnel

26.2 (1) The Commission may engage the services of any persons necessary for the proper conduct of the Commission.

Presumption

(2) No person engaged under subsection (1) shall, as a result, be considered to be employed in the public service of Canada.

1990, c. 17, s. 33

6. Section 38 of the Act is replaced by the following:

Judges of the Superior Court of Justice of Ontario

38. A judge of the Superior Court of Justice in and for the Province of Ontario who, for the purpose of performing any function or duty in that capacity, attends at any judicial centre within the region for which the judge was appointed or assigned, other than the judicial centre at which or in the immediate vicinity of which the judge resides, 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.

7. (1) Paragraph 42(1)(a) of the Act is replaced by the following:

    (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,

(2) Subsection 42(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (c), by adding the word ``or'' at the end of paragraph (d) and by adding the following after paragraph (d):

    (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,

8. The portion of subsection 47(1) of the French version of the Act before paragraph (a) is replaced by the following:

Définition de « enfant »

47. (1) Pour l'application du présent article et des articles 48 et 49, « enfant » s'entend de tout enfant - y compris un enfant adoptif - d'un juge ou de son conjoint, qui :

9. Paragraph 51(4)(b) of the Act is replaced by the following:

    (b) calculate interest on the amount determined under paragraph (a) in respect of each contribution year, compounded annually,

      (i) in respect of each contribution year before 1997,

        (A) at the rate of four per cent from December 31 of the contribution year to December 31, 1996, and

        (B) at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act in effect from time to time, from December 31, 1996 to December 31 of the year immediately before the year in which the amount in respect of contributions made by the judge becomes payable, and

      (ii) in respect of the 1997 contribution year and each contribution year after 1997, at the rate mentioned in clause (i)(B) from December 31 of the contribution year to December 31 of the year immediately before the year in which the amount in respect of contributions made by the judge becomes payable.

TRANSITIONAL PROVISIONS

Transitional - proceedings

10. Every proceeding commenced before the coming into force of this section and in respect of which any provision amended by sections 12 to 16 applies shall be taken up and continued under and in conformity with that amended provision without any further formality.

Transitional - cross references

11. (1) In any Act of Parliament, other than in a provision amended by sections 12 to 16, or in any proclamation, regulation, order, instrument or other document, a reference to the Ontario Court (General Division) or the Ontario Court (Provincial Division) shall be construed, with respect to any transaction, matter or event occurring after the coming into force of this section, as a reference to

    (a) in the case of the Ontario Court (General Division), the Superior Court of Justice or the Superior Court of Justice in and for the Province of Ontario, as the case may require; and

    (b) in the case of the Ontario Court (Provincial Division), the Ontario Court of Justice.

Transitional - seals and forms

(2) A reference in a court seal or printed court form to the Ontario Court (General Division) or the Ontario Court (Provincial Division), or the title of an official of either Court, does not prevent the seal or form from being used during the one year period following the date on which the change to the name or title becomes effective.

Previous Page Table of Contents Next Page