Bill C-42
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
45 ELIZABETH II |
|
|
|
CHAPTER 30 |
|
|
|
An Act to amend the Judges Act and to make
consequential amendments to another
Act
|
|
| Preamble
|
Whereas the Canadian Judicial Council has
been consulted with respect to certain
provisions of this Act, particularly section 5,
and agrees with the purpose of section 5;
|
|
|
|
Now, Therefore, 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,
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, c. 2
|
JUDGES ACT |
|
| R.S., c. 41
(1st Supp.),
s. 10
|
1. Paragraph 24(3)(a) of the Judges Act is
replaced by the following:
|
|
|
|
|
|
| 1989, c. 8,
s. 10
|
2. (1) Subsections 27(2) and (3) of the Act
are replaced by the following:
|
|
| Additional
allowance for
northern
judges
|
(2) There shall be paid to each judge of the
Supreme Court of the Yukon Territory and
each judge of the Supreme Court of the
Northwest Territories who is in receipt of a
salary under this Act, in addition to the
allowance provided by subsection (1), a
non-accountable yearly allowance of $6,000
as compensation for the higher cost of living
in the Yukon Territory and the Northwest
Territories.
|
|
| Additional
allowance for
Federal Court
judges
|
(3) There shall be paid to every judge of the
Federal Court 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 $2,000 as compensation
for special incidental expenditures inherent in
the exercise of their office as judge.
|
|
| 1992, c. 51,
s. 8
|
(2) Subsection 27(6) of the Act is replaced
by the following:
|
|
| Represen- tational allowance
|
(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
senior judge of the Supreme Court of the
Yukon Territory and the senior judge of the
Supreme Court of the Northwest Territories
are entitled to be paid, as a representational
allowance, reasonable travel and other
expenses actually incurred by the justice or
judge or the spouse 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).
|
|
| R.S., c. 50
(1st Supp.),
s. 5(2)
|
(3) Paragraph 27(7)(g) of the Act is
replaced by the following:
|
|
|
|
|
|
|
|
|
|
|
|
3. Subsection 44(3) of the Act is replaced
by the following:
|
|
| Surviving
spouse only
entitled to one
annuity
|
(3) No surviving spouse is entitled to
receive more than one annuity under this
section.
|
|
| Limitation on
annuity to
surviving
spouse
|
(4) No annuity shall be granted under this
section to the surviving spouse of a judge if
before, on or after July 11, 1955, the surviving
spouse married the judge after the judge
ceased to hold office.
|
|
| 1992, c. 51,
s. 24
|
4. (1) Subsections 54(1) and (2) of the Act
are replaced by the following:
|
|
| Leave of
absence
|
54. (1) No judge of a superior court or of the
Tax Court of Canada shall be granted leave of
absence from his or her judicial duties for a
period
|
|
|
|
|
|
|
|
|
|
| Notification
of leave by
chief justice,
etc.
|
(1.1) Whenever a leave of absence is
granted pursuant to paragraph (1)(a), the chief
justice or senior judge of the superior court or
the chief judge of the Tax Court of Canada, as
the case may be, 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.
|
|
| Notification
of leave by
Minister of
Justice of
Canada
|
(1.2) Whenever a leave of absence is
granted pursuant to paragraph (1)(b), the
Minister of Justice of Canada shall, without
delay, notify the chief justice or senior judge
of the superior court or the chief judge of the
Tax Court of Canada, as the case may be, and,
in the case of provincial or territorial courts,
the minister of justice or the attorney general
of the province or territory.
|
|
| Report by
chief justice,
etc., of
absence
|
(2) If it appears to the chief justice or senior
judge of a superior court or to the chief judge
of the Tax Court of Canada that a judge of the
court is absent from the judge's judicial duties
without the approval required by subsection
(1), the chief justice, senior judge or chief
judge of the Tax Court of Canada, as the case
may be, shall report the absence to the
Minister of Justice of Canada.
|
|
|
|
(2) Section 54 of the Act is amended by
adding the following after subsection (3):
|
|
| Definition of
``senior
judge''
|
(4) In this section, ``senior judge'', in
respect of the Supreme Court of the Yukon
Territory or the Supreme Court of the
Northwest Territories, means the judge with
the earliest date of appointment to the Court in
question.
|
|
|
|
5. The Act is amended by adding the
following after section 56:
|
|
| Authoriza- tion
|
56.1 (1) Notwithstanding section 55,
Madam Justice Louise Arbour of the Ontario
Court of Appeal is authorized to take a leave
from her judicial duties to serve as Prosecutor
of the International Tribunal for the
Prosecution of Persons Responsible for
Serious Violations of International
Humanitarian Law Committed in the
Territory of the Former Yugoslavia and of the
International Tribunal for Rwanda.
|
|
| Expenses
|
(2) Madam Justice Louise Arbour may
receive moving or transportation expenses
and reasonable travel and other expenses, in
connection with her service as Prosecutor,
from the United Nations.
|
|
| Leave without
pay
|
(3) Madam Justice Louise Arbour may elect
to take a leave of absence without pay for the
purpose described in subsection (1), in which
case she is not entitled to receive any salary or
allowances under this Act for the duration of
the leave, but may receive remuneration from
the United Nations for her service as
Prosecutor.
|
|
| Ceasing
contributions
|
(4) If Madam Justice Louise Arbour elects
to take a leave of absence without pay under
subsection (3), she shall not continue the
contributions required by section 50 for the
duration of the leave and that section does not
apply to her for the duration of the leave,
which duration shall not be counted as time
during which she held judicial office for the
purposes of sections 28, 29 and 42.
|
|
| Deemed
salary in event
of death
|
(5) For the purposes of subsections 44(1)
and (2), section 46.1 and subsection 47(3), if
Madam Justice Louise Arbour dies while on a
leave of absence without pay, she is deemed to
be in receipt at the time of death of the salary
that she would have been receiving if she had
not been absent on leave without pay.
|
|
| 1992, c. 51,
s. 25
|
6. Subsection 59(1) of the Act is amended
by striking out the word ``and'' at the end of
paragraph (c) and by adding the following
after paragraph (c):
|
|
|
|
|
|
| Application of
subsections
27(2) and (3)
of the Judges
Act
|
7. For greater certainty, payments of
allowances made before the coming into
force of this Act to judges of the Supreme
Court of the Yukon Territory and the
Supreme Court of the Northwest
Territories under subsection 27(2) of the
Judges Act and to judges of the Federal
Court under subsection 27(3) of that Act, as
those subsections read immediately before
the coming into force of this Act, are
authorized.
|
|
|
|
CONSEQUENTIAL AMENDMENTS |
|
| 1993, c. 28
|
Nunavut Act |
|
|
|
8. Subsections 84(1) and (2) of Schedule
III to the Nunavut Act are replaced by the
following:
|
|
|
|
84. (1) Subsection 27(2) is repealed and
the following substituted therefor:
|
|
| Additional
allowance for
northern
judges
|
(2) There shall be paid to each judge of the
Supreme Court of the Yukon Territory, the
Supreme Court of the Northwest Territories
and the Supreme Court of Nunavut, who is in
receipt of a salary under this Act, in addition
to the allowance provided by subsection (1), a
non-accountable yearly allowance of $6,000
as compensation for the higher cost of living
in the Yukon Territory, the Northwest
Territories and Nunavut.
|
|
|
|
(2) Subsection 27(6) is repealed and the
following substituted therefor:
|
|
| Represen- tational allowance
|
(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
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 Supreme Court of
Nunavut are entitled to be paid, as a
representational allowance, reasonable travel
and other expenses actually incurred by the
justice or judge or the spouse 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).
|
|