Bill C-30
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Chief Justice Continuing as Judge |
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90. (1) Subsections 31(1) and (2) of the Act
are replaced by the following:
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| Election of
Chief or
Associate
Chief to
change to
duties of
judge only
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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.
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| Restriction on
election
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(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.
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(2) Subsections 31(3) and (4) of the
English version of the Act are replaced by
the following:
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| Duties of
judge
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(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.
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| Salary of
judge
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(4) The salary of 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) 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.
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91. Subsection 32(1) of the English
version of the Act is replaced by the
following:
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| Election to
cease to
perform
duties of chief
justice of
provincial
superior court
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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.
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| 1992, c. 51,
s. 12
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92. Subsection 34(1) of the Act is replaced
by the following:
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| Superior
courts
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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.
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| 1992, c. 51,
s. 16
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93. (1) Paragraph 40(1)(a) of the Act is
replaced by the following:
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| 1989, c. 8,
s. 11(1); 2000,
c. 12,
s. 160(2)
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(2) Paragraphs 40(1)(e) and (f) of the Act
are replaced by the following:
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| 1989, c. 8,
s. 11(2)
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(3) Subsection 40(1.2) of the Act is
replaced by the following:
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| Limitation
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(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.
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| 1992, c. 51,
s. 17(1)
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94. (1) Subsection 41(1) of the Act is
replaced by the following:
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| Meeting,
conference
and seminar
expenses
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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.
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| 1992, c. 51,
s. 17(2)
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(2) The portion of subsection 41(2) of the
Act before paragraph (b) is replaced by the
following:
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| Expenses for
other
meetings,
conferences
or seminars
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(2) Subject to subsection (3), a judge of a
superior court who, with the approval of the
chief justice of that court,
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| 1992, c. 51,
s. 17(3)
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(3) Paragraph 41(3)(b) of the Act is
replaced by the following:
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(4) The definition ``chief justice'' or
``chief judge'' in subsection 41(4) of the
English version of the Act is replaced by the
following:
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| ``chief
justice'' « juge en chef »
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``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;
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| 1998, c. 30,
s. 7
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95. (1) Subsection 42(1) of the English
version of the Act is replaced by the
following:
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| Grant of
annuities
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42. (1) The Governor in Council shall grant
to
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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.
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(2) Subsection 42(4) of the Act is replaced
by the following:
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| Definition of
``judicial
office''
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(4) In this section, ``judicial office'' means
the office of a judge of a superior or county
court.
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(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:
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| Definition of
``judicial
office''
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(4) In this section, ``judicial office'' means
the office of a judge of a superior court.
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96. (1) Subsection 43(1) of the English
version of the Act is replaced by the
following:
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| Annuity
payable to
supernumerar
y judge
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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.
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(2) Subsection 43(2) of the Act is replaced
by the following:
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| Annuity
payable to
judge who
elected under
section 31 or
32
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(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.
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| 1992, c. 51,
s. 20; 2000,
c. 12,
par. 169(a)
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97. (1) The portion of subsection 44(1) of
the Act before paragraph (a) is replaced by
the following:
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| Annuity to
surviving
spouse
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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 survivor of the judge
an annuity equal to one third of
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(2) Paragraph 44(1)(b) of the English
version of the Act is replaced by the
following:
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98. (1) Subsection 47(3) of the Act is
replaced by the following:
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| Annuity to
surviving
children
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(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).
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(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:
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| Annuity to
surviving
children
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(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).
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| 2001, c. 7,
s. 25
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99. Subsection 50(2.1) of the Act is
replaced by the following:
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| Reduction of
contributions
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(2.1) A supernumerary judge, a judge who
continues in judicial office after having been
in judicial office for at least fifteen years and
whose combined age and number of years in
judicial office is not less than eighty, a judge
of the Supreme Court of Canada who
continues in judicial office after having held
office in that Court for at least ten years and
having attained the age of sixty-five years, or
a judge referred to in section 41.1 is not
required, on or after April 1, 2000, to
contribute under subsections (1) and (2) but is
required to contribute, by reservation from
salary, to the Supplementary Retirement
Benefits Account, in respect of the period
beginning on that day, at a rate of one per cent
of his or her salary.
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100. Subsection 51(1) of the English
version of the Act is replaced by the
following:
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| Return of
contributions
where no
annuity
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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).
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| 1996, c. 30,
s. 4(1)
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101. (1) The portion of subsection 54(1) of
the Act before paragraph (b) is replaced by
the following:
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| Leave of
absence
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54. (1) No judge of a superior court shall be
granted leave of absence from his or her
judicial duties for a period
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| 1992, c. 51,
s. 24; 1996,
c. 30, s. 4(1)
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(2) Subsections 54(1.1) to (3) of the Act
are replaced by the following:
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| Notification
of leave by
chief justice,
etc.
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(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.
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| Notification
of leave by
Minister of
Justice of
Canada
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(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.
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| Report by
chief justice,
etc., of
absence
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(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.
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| Absentee
judge to
report
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(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.
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102. Section 55 of the English version of
the Act is replaced by the following:
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| Judicial duties
exclusively
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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.
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103. Subsection 57(3) of the English
version of the Act is replaced by the
following:
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| Expenses
excepted
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(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.
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104. (1) Paragraph 59(1)(e) of the Act is
repealed.
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(2) Subsection 59(4) of the English
version of the Act is replaced by the
following:
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| Substitute
member
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(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.
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| 1992, c. 51,
s. 26
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105. (1) Subsection 60(1) of the Act is
replaced by the following:
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| Objects of
Council
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60. (1) The objects of the Council are to
promote efficiency and uniformity, and to
improve the quality of judicial service, in
superior courts.
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(2) Paragraph 60(2)(a) of the English
version of the Act is replaced by the
following:
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| 1992, c. 51,
s. 27
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106. (1) Subsections 63(1) and (2) of the
Act are replaced by the following:
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| Inquiries
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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).
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