;

Bill C-51

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First Reading

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1st Session, 38th Parliament,

53-54 Elizabeth II, 2004-2005

house of commons of canada

BILL C-51

An Act to amend the Judges Act, the Federal Courts Act and other Acts

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

PART 1

R.S., c. J-1

AMENDMENTS TO THE JUDGES ACT

1992, c. 51, s. 2(2); 2002, c. 8, s. 82(E)

1. The definition “judge” in section 2 of the Judges Act is replaced by the following:

“judge”
« juge »

“judge” includes a chief justice, senior associate chief justice, associate chief justice, supernumerary judge and regional senior judge;

R.S., c. 39 (3rd Supp.), s. 1(1), c. 51, 4th Supp., s. 13; 1992, c. 51, s. 5(1); 1998, c. 30, s. 2(1); 2001, c. 7, ss. 1-13; 2002, c. 8, ss. 83, 84(E)

2. Sections 9 to 21 of the Act are replaced by the following:

Supreme Court of Canada

9. The yearly salaries of the judges of the Supreme Court of Canada are as follows:

(a) the Chief Justice of Canada, $308,400; and

(b) the eight puisne judges, $285,600 each.

Federal Courts

10. The yearly salaries of the judges of the Federal Courts are as follows:

(a) the Chief Justice of the Federal Court of Appeal, $263,000;

(b) the other judges of the Federal Court of Appeal, $240,000 each;

(d) the other judges of the Federal Court, $240,000 each.

Tax Court of Canada

11. The yearly salaries of the judges of the Tax Court of Canada are as follows:

(a) the Chief Justice, $263,000;

(b) the Associate Chief Justice, $263,000; and

Court of Appeal for Ontario and 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:

(a) the Chief Justice and the Associate Chief Justice of Ontario, $263,000 each;

(b) the fourteen Justices of Appeal, $240,000 each;

(d) the one hundred and ninety-two other judges of the Superior Court of Justice, $240,000 each.

Court of Appeal and Superior Court of Quebec

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, $263,000;

(b) the eighteen puisne judges of the Court of Appeal, $240,000 each;

(c) the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Superior Court, $263,000 each; and

(d) the one hundred and forty puisne judges of the Superior Court, $240,000 each.

Court of Appeal and Supreme Court of Nova Scotia

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, $263,000;

(b) the seven other judges of the Court of Appeal, $240,000 each;

(d) the twenty-three other judges of the Supreme Court, $240,000 each.

Court of Appeal and Court of Queen’s Bench of New Brunswick

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, $263,000;

(b) the five other judges of the Court of Appeal, $240,000 each;

(d) the twenty-one other judges of the Court of Queen’s Bench, $240,000 each.

Court of Appeal and Court of Queen’s Bench for Manitoba

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, $263,000;

(b) the six Judges of Appeal, $240,000 each;

(c) the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $263,000 each; and

(d) the thirty puisne judges of the Court of Queen’s Bench, $240,000 each.

Court of Appeal and Supreme Court of British Columbia

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, $263,000;

(b) the twelve Justices of Appeal, $240,000 each;

(d) the eighty-one other judges of the Supreme Court, $240,000 each.

Supreme Court of Prince Edward Island

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, $263,000;

(b) the two other judges of the Appeal Division, $240,000 each;

(d) the three other judges of the Trial Division, $240,000 each.

Court of Appeal and Court of Queen’s Bench for Saskatchewan

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 $263,000;

(b) the six Judges of Appeal, $240,000 each;

(d) the twenty-nine other judges of the Court of Queen’s Bench, $240,000 each.

Court of Appeal and Court of Queen’s Bench of Alberta

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, $263,000;

(b) the ten Justices of Appeal, $240,000 each;

(d) the fifty-five other Justices of the Court of Queen’s Bench, $240,000 each.

Supreme Court of Newfoundland and Labrador

21. The yearly salaries of the judges of the Supreme Court of Newfoundland and Labrador are as follows:

(a) the Chief Justice of Newfoundland and Labrador, $263,000;

(b) the five Judges of Appeal, $240,000 each;

(d) the eighteen other judges of the Trial Division, $240,000 each.

1999, c. 3, s. 72; 2001, c. 7, s. 14; 2002, c. 7, s. 189

3. (1) Subsections 22(1) to (2.1) of the Act are replaced by the following:

Supreme Court of Yukon

22. (1) The yearly salaries of the judges of the Supreme Court of Yukon are as follows:

(a) the senior judge, $263,000; and

(b) the two other judges, $240,000 each.

Supreme Court of the Northwest Territories

(2) The yearly salaries of the judges of the Supreme Court of the Northwest Territories are as follows:

(a) the senior judge, $263,000; and

(b) the two other judges, $240,000 each.

Nunavut Court of Justice

(2.1) The yearly salaries of the judges of the Nunavut Court of Justice are as follows:

(a) the senior judge, $263,000; and

(b) the two other judges, $240,000 each.

(2) Paragraph 22(1)(a) of the Act, as enacted by subsection (1), is replaced by the following:

(a) the Chief Justice, $263,000; and

(3) Paragraph 22(2)(a) of the Act, as enacted by subsection (1), is replaced by the following:

(a) the Chief Justice, $263,000; and

(4) Paragraph 22(2.1)(a) of the Act, as enacted by subsection (1), is replaced by the following:

(a) the Chief Justice, $263,000; and

1999, c. 3, s. 72

(5) Subsection 22(3) of the Act is repealed.

1992, c. 51, s. 7(2)

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

(b) thirty-two, in the case of judges appointed to superior courts in the provinces other than appeal courts.

1998, c. 30, s. 3(2)

(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 sixty-three at any one time may be paid in the case of judges appointed to courts described in paragraph (3)(b)

1992, c. 51, s. 7(4)

(3) Paragraph 24(6)(a) of the Act is replaced by the following:

(a) in relation to each of the Provinces of Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia, Saskatchewan, Alberta and Newfoundland and Labrador, the Court of Appeal of the Province; and

2001, c. 7, s. 16

5. (1) Subsection 25(1) of the Act is replaced by the following:

Annual adjustment of salary

25. (1) The yearly salaries referred to in sections 9 to 22 apply in respect of the twelve month period commencing April 1, 2004.

2001, c. 7, s. 16

(2) The portion of subsection 25(2) of the Act before paragraph (a) is replaced by the following:

Annual adjustment of salary

(2) The salary annexed to an office of judge in sections 9 to 22 for the twelve month period commencing April 1, 2005, and for each subsequent twelve month period, shall be the amount obtained by multiplying

2001, c. 7, s. 16

(3) Paragraph 25(3)(a) of the Act is replaced by the following:

(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

2001, c. 7, s. 18

6. Subsection 26.3(2) of the Act is replaced by the following:

Entitlement to payment of costs

(2) A representative of the judiciary identified under subsection (1) who participates in an inquiry of the Commission is entitled to be paid, out of the Consolidated Revenue Fund, two thirds of the costs determined under subsection (3) in respect of his or her participation.

2002, c. 7, s. 190(1)

7. (1) Subsection 27(2) of the Act is replaced by the following:

Additional allowance for northern judges

(2) On and after April 1, 2004, there shall be paid to each judge of the Supreme Court of Newfoundland and Labrador resident in Labrador and each judge of the Supreme Court of Yukon, 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 $12,000 as compensation for the higher cost of living in Labrador and in the territories.

2001, c. 7, s. 19(2); 2002, c. 7, ss. 190 and 277(E), c. 8, s. 86

(2) Subsections 27(6) and (7) of the Act are replaced by the following:

Representational allowance

(6) On and after April 1, 2004, the following judges are entitled to be paid, as a representational allowance, reasonable travel and other expenses actually incurred by the judge or the spouse or common-law partner of the judge in discharging the special extra-judicial obligations and responsibilities that devolve on the judge, to the extent that those expenses may not be reimbursed under any other provision of this Act and their aggregate amount does not exceed in any year the maximum amount indicated below in respect of each judge:

(a) the Chief Justice of Canada, $18,750;

(b) each puisne judge of the Supreme Court of Canada, $10,000;

(c) the Chief Justice of the Federal Court of Appeal and each chief justice described in sections 12 to 21 as the chief justice of a province, $12,500;

(d) each other chief justice referred to in sections 10 to 21, $10,000;

(e) the Chief Justices of the Court of Appeal of Yukon, the Court of Appeal of the Northwest Territories and the Court of Appeal of Nunavut, and the senior judges of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice, $10,000 each;

(f) the Chief Justice of the Court Martial Appeal Court of Canada, $10,000; and

(g) each regional senior judge of the Superior Court of Justice in and for the Province of Ontario, $5,000.

(3) Paragraphs 27(6)(d) and (e) of the Act, as enacted by subsection (2), are replaced by the following:

(d) each other chief justice referred to in sections 10 to 22, $10,000;

(e) the Chief Justices of the Court of Appeal of Yukon, the Court of Appeal of the Northwest Territories and the Court of Appeal of Nunavut, $10,000 each;

(4) The definition “chief justice” in subsection 27(9) of the Act is replaced by the following:

“chief justice”
« juge en chef »

“chief justice”, except in paragraphs (6)(a) and (c), includes a senior associate chief justice and an associate chief justice;

(5) Subsection 27(9) of the Act, as amended by subsection (4), is replaced by the following:

Definition of “chief justice”

(9) In this section, except in paragraphs (6)(a) and (c), “chief justice” includes a senior associate chief justice and an associate chief justice.

R.S., c. 16 (3rd Supp.), s. 3; 2002, c. 8, s. 87(1)

8. Subsections 28(1) and (2) of the Act are replaced by the following:

Federal Courts and Tax Court

28. (1) If a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada notifies the Minister of Justice of Canada of the judge’s election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall hold the office of supernumerary judge of that Court from the time notice is given until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office, or until the expiry of ten years from the date of the election, whichever occurs earlier, and shall be paid the salary annexed to that office.

Restriction on election

(2) An election may be made under subsection (1) only by a judge

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

(b) who has attained the age of seventy years and has continued in judicial office for at least ten years.

2002, c. 7, s. 191(1), c. 8, ss. 88(1)(E), (2)(E)

9. (1) Subsections 29(1) and (2) of the Act are replaced by the following:

Provincial superior courts

29. (1) If the legislature of a province has enacted legislation establishing for each office of judge of a superior court of the province the additional office of supernumerary judge of the court, and a judge of that court notifies the Minister of Justice of Canada and the attorney general of the province of the judge’s election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall hold the office of supernumerary judge from the time notice is given until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office, or until the expiry of ten years from the date of the election, whichever occurs earlier, and shall be paid the salary annexed to that office.

Conditions

(2) An election under subsection (1) may only be made by a judge

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

(b) who has attained the age of seventy years and has continued in judicial office for at least ten years.

2002, c. 7, s. 191(1)

(2) Subsection 29(3) of the Act is replaced by the following:

Duties of judge

(3) A judge who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the judge by the chief justice, senior associate chief justice or associate chief justice, as the case may be, of the court of which the judge is a member or, where that court is constituted with divisions, of the division of which the judge is a member.

2002, c. 7, s. 191(2)

(3) Subsection 29(6) of the Act is repealed.

2002, c. 7, s. 193(1)

10. (1) Paragraph 40(1)(c) of the Act is replaced by the following:

(c) a judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, who moves to a place of residence in one of the ten provinces or in another territory,

(i) in respect of expenses that begin to be incurred not earlier than two years before the judge’s date of eligibility to retire, or

(ii) if no expenses are claimed under subparagraph (i), in respect of expenses that begin to be incurred not later than two years after the judge actually retires or resigns;

2002, c. 8, s. 93(2)

(2) Paragraph 40(1)(e) of the Act is 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 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,

(i) in respect of expenses that begin to be incurred not earlier than two years before the judge’s date of eligibility to retire, or

(ii) if no expenses are claimed under subparagraph (i), in respect of expenses that begin to be incurred not later than two years after the judge actually retires or resigns; and

(3) Section 40 of the Act is amended by adding the following after subsection (1.2):

Expenses of spouse or common-law partner

(1.3) Where a removal allowance is payable to a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada under paragraph (1)(a), an allowance shall be paid up to a maximum of $5,000 for expenses actually incurred by the judge’s spouse or common-law partner for purposes related to employment in the judge’s new place of residence.

1998, c. 30, s. 7(2); 2002, c. 8, s. 95(1)(E)

11. Paragraph 42(1)(e) of the Act is replaced by the following:

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

2001, c. 7, s. 21

12. Subsection 43.1(2) of the Act is replaced by the following:

Calculation of amount of deferred annuity

(2) The amount of the deferred annuity shall be two thirds of the amount of the salary annexed to the judge’s office at the time of the election multiplied by a fraction, the numerator of which is the number of years, to the nearest one tenth of a year, during which the judge has continued in judicial office and the denominator of which is the number of years, to the nearest one tenth of a year, during which the judge would have been required to serve in judicial office in order to be eligible to be granted an annuity under paragraph 42(1)(a) or (d), as the case may be.

2002, c. 8, s. 99

13. Subsection 50(2.1) of the Act is replaced by the following:

Adjustment of contributions

(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 on that Court for at least ten years, or a judge referred to in section 41.1 is not required to contribute under subsections (1) and (2) but is required to contribute, by reservation from salary, to the Supplementary Retirement Benefits Account at a rate of one per cent of his or her salary.

14. The Act is amended by adding the following after section 52:

Explanatory Notes

Judges Act

Clause 1: Existing text of the definition:

“judge” includes a chief justice, senior associate chief justice, associate chief justice, supernumerary judge, chief judge, associate chief judge, senior judge and regional senior judge;

Clause 2: Existing text of sections 9 to 21:

9. The yearly salaries of the judges of the Supreme Court of Canada are as follows:

(a) The Chief Justice of Canada

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $254,500,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph 10(b) remains the same as the ratio between $254,500 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph 10(b) remains the same as the ratio between $254,500 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph 10(b) remains the same as the ratio between $254,500 and $198,000; and

(b) Eight puisne judges, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $235,700,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the judge and the salary for that period of a judge referred to in paragraph 10(b) remains the same as the ratio between $235,700 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the judge and the salary for that period of a judge referred to in paragraph 10(b) remains the same as the ratio between $235,700 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the judge and the salary for that period of a judge referred to in paragraph 10(b) remains the same as the ratio between $235,700 and $198,000.

10. The yearly salaries of the judges of the Federal Court are as follows:

(a) The Chief Justice of the Federal Court

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) The other judges of the Federal Court of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1);

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Associate Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Associate Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Associate Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) The other judges of the Trial Division, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

11. The yearly salaries of the judges of the Tax Court of Canada are as follows:

(a) The Chief Judge

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Judge and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Judge and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Judge and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000;

(b) The Associate Chief Judge

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Associate Chief Judge and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Associate Chief Judge and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Associate Chief Judge and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000; and

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

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

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between their respective salaries and the salary for that period of a justice referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between their respective salaries and the salary for that period of a justice referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between their respective salaries and the salary for that period of a justice referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Fourteen Justices of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between their respective salaries and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between their respective salaries and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between their respective salaries and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) One hundred and ninety-two other judges of the Superior Court of Justice, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

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

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a puisne judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a puisne judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a puisne judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Eighteen puisne judges of the Court of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between their respective salaries and the salary for that period of a puisne judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between their respective salaries and the salary for that period of a puisne judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between their respective salaries and the salary for that period of a puisne judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) One hundred and forty puisne judges of the Superior Court, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

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

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Seven other judges of the Court of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between their respective salaries and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between their respective salaries and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between their respective salaries and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) Twenty-three other judges of the Supreme Court, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment referred to in subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment referred to in subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment referred to in subsection 25(1).

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

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Five other judges of the Court of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) Twenty-one other judges of the Court of Queen’s Bench, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

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

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Six Judges of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(c) The Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(d) Thirty puisne judges of the Court of Queen’s Bench,

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

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

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a justice referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a justice referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a justice referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Twelve Justices of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000;

(c.1) The Associate Chief Justice of the Supreme Court

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(d) Eighty-one other judges of the Supreme Court, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

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

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Two other judges of the Appeal Division, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) Three other judges of the Trial Division, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

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

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Six Judges of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) Twenty-nine other judges of the Court of Queen’s Bench, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

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

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a justice referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a justice referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a justice referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Ten Justices of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between their respective salaries and the salary for that period of a justice referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between their respective salaries and the salary for that period of a justice referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between their respective salaries and the salary for that period of a justice referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) Fifty-five other Justices of the Court of Queen’s Bench, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, and the annual adjustment calculated under subsection 25(1),

21. The yearly salaries of the judges of the Supreme Court of Newfoundland are as follows:

(a) The Chief Justice of Newfoundland

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Five Judges of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) Eighteen other judges of the Trial Division, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

Clause 3: (1) Existing text of subsections 22(1) to (2.1):

22. (1) The yearly salaries of the judges of the Supreme Court of the Yukon Territory are as follows:

(a) The senior judge

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(b) The other judge

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(2) The yearly salaries of the judges of the Supreme Court of the Northwest Territories are as follows:

(a) The senior judge

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(b) The two other judges, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(2.1) The yearly salaries of the judges of the Nunavut Court of Justice are as follows:

(a) The senior judge

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(b) The two other judges, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(5) Existing text of subsection 22(3):

(3) In this section, “senior judge” means the judge with the earlier date of appointment to the court in question or, in the case of more than one judge appointed on the same day, the judge that the Governor in Council may designate as the senior judge.

Clause 4: (1) Relevant portion of subsection 24(3):

(3) Subject to subsection (4), the number of salaries that may be paid pursuant to this section at any one time shall not be greater than

...

(b) thirty, in the case of judges appointed to superior courts in the provinces other than appeal courts.

(2) Relevant portion of subsection 24(4):

(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)

(3) Relevant portion of susection 24(6):

(6) In this section, “appeal court” means

(a) in relation to each of the Provinces of Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia, Saskatchewan, Alberta and Newfoundland, the Court of Appeal of the Province; and

Clause 5: (1) Existing text of subsection 25(1):

25. (1) For the twelve month periods commencing April 1, 2001, April 1, 2002 and April 1, 2003, the annual adjustment referred to in sections 9 to 22 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 plus $2,000

(b) the percentage that the Industrial Aggregate for the first adjustment year is of the Industrial Aggregate for the second adjustment year less one hundred per cent, or seven per cent, whichever is less.

(2) Relevant portion of subsection 25(2):

(2) The salary annexed to an office of judge in sections 9 to 22 for the twelve month period commencing April 1, 2004, and for each subsequent twelve month period, shall be the amount obtained by multiplying

(3) Relevant portion of subsection 25(3):

(3) For the purposes of this section,

(a) in relation to any twelve month period in respect of which the annual adjustment or 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 annual adjustment or the salary is to be determined, and the “second adjustment year” is the twelve month period immediately preceding the first adjustment year; and

Clause 6: Existing text of subsection 26.3(2):

(2) A representative of the judiciary identified under subsection (1) who participates in an inquiry of the Commission is entitled to be paid, out of the Consolidated Revenue Fund, one-half of the costs determined under subsection (3) in respect of his or her participation.

Clause 7: (1) Existing text of subsection 27(2):

(2) On and after April 1, 2000, there shall be paid to each judge of the Supreme Court of Yukon, 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 $12,000 as compensation for the higher cost of living in the territories.

(2) Existing text of subsections 27(6) and (7):

(6) A chief justice or chief judge, a puisne judge of the Supreme Court of Canada, the Chief Justice of the Court of Appeal of the Yukon Territory, the Chief Justice of the Court of Appeal of the Northwest Territories, the Chief Justice of the Court of Appeal of Nunavut, 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 are entitled to be paid, as a representational allowance, reasonable travel and other expenses actually incurred by the justice or judge or the spouse or common-law partner of the justice or judge in discharging the special extra-judicial obligations and responsibilities that devolve on the justice or judge, to the extent that those expenses may not be reimbursed under any other provision of this Act and their aggregate amount does not exceed in any year the maximum amount indicated in respect of each office in subsection (7).

(7) On and after April 1, 2000, the maximum yearly amounts of the representational allowance referred to in subsection (6) are as follows:

(a) The Chief Justice of Canada $18,750

(b) Each puisne judge of the Supreme Court of Canada $10,000

(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 $12,500

(d) Each other chief justice referred to in sections 10 and 12 to 21 $10,000

(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 $10,000

(f) The Chief Judge of the Tax Court of Canada $10,000

(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 $10,000

(h) The Chief Justice of the Court Martial Appeal Court of Canada $10,000

(4) and (5) Existing text of subsection 27(9):

(9) In this section,

“chief justice”, except in paragraphs (7)(a) and (c), includes a senior associate chief justice and associate chief justice;

“senior judge” of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice means the judge with the earlier date of appointment to the court in question or, in the case of more than one judge appointed on the same day, means the judge that the Governor in Council may designate as the senior judge.

Clause 8: Existing text of subsections 28(1) and (2):

28. (1) Where a judge of the Federal Court or a judge of the Tax Court of Canada has notified the Minister of Justice of Canada of his election to give up regular judicial duties and hold office only as a supernumerary judge, that judge shall thereupon hold only the office of supernumerary judge of that Court and shall be paid the salary annexed to that office until the judge reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.

(2) No judge may make the election referred to in subsection (1) unless the judge

(a) has attained the age of sixty-five years and has continued in judicial office for at least fifteen years; or

(b) has attained the age of seventy years and has continued in judicial office for at least ten years.

Clause 9: (1) Existing text of subsections 29(1) and (2):

29. (1) Where the legislature of a province has enacted legislation establishing for each office of judge of a superior court or courts of the province the additional office of supernumerary judge of the court or courts and a judge of such a court has notified the Minister of Justice of Canada and the attorney general of the province of his election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall thereupon hold only the office of supernumerary judge of that court and shall be paid the salary annexed to that office until he reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.

(2) No judge may make the election referred to in subsection (1) unless the judge

(a) has attained the age of sixty-five years and continued in judicial office for at least fifteen years; or

(b) has attained the age of seventy years and continued in judicial office for at least ten years.

(2) Existing text of subsection 29(3):

(3) A judge who has made the election referred to in subsection (1) shall hold himself available to perform such special judicial duties as may be assigned to the judge

(a) by the chief justice, senior associate chief justice or associate chief justice, as the case may be, of the court of which the judge is a member or, where that court is constituted with divisions, of the division of which the judge is a member; or

(b) in the case of a supernumerary judge of the Supreme Court of the Yukon Territory, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice, by the senior judge of that Court.

(3) Existing text of subsection 29(6):

(6) In this section, “senior judge” of the Supreme Court of the Yukon Territory, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice means the judge with the earlier date of appointment to the court in question, or in the case of more than one judge appointed on the same day, means the judge that the Governor in Council may designate as the senior judge.

Clause 10: (1) and (2) Relevant portion of subsection 40(1):

40. (1) A removal allowance shall be paid to

...

(c) a judge of the Supreme Court of the Yukon Territory, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice who, within two years after retiring or resigning from that office, moves to a place of residence in one of the ten provinces or to another territory;

...

(e) a judge of the Supreme Court of Canada, 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

(3) New.

Clause 11: Relevant portion of subsection 42(1):

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

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(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,

Clause 12: Existing text of subsection 43.1(2):

(2) The amount of the deferred annuity shall be two-thirds of the amount of the salary annexed to the judge’s office at the time of the election multiplied by a fraction, the numerator of which is the number of years, to the nearest one-tenth of a year, during which the judge has continued in judicial office and the denominator of which is the number of years, to the nearest one-tenth of a year, during which the judge would have been required to serve in judicial office in order to be eligible to be granted an annuity under paragraph 42(1)(a).

Clause 13: Existing text of subsection 50(2.1):

(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, 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.

Clause 14: New.