Periodic Adjustment and Revision of Salaries
Marginal note:Annual adjustment of salary
25. (1) The yearly salaries referred to in sections 9, 10 and 11 to 22 apply in respect of the twelve month period commencing April 1, 2012.
Marginal note:Annual adjustment of salary
(2) The salary annexed to an office of judge in sections 9, 10 and 11 to 22 for the twelve month period commencing April 1, 2013, and for each subsequent twelve month period, 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
(b) the percentage that the Industrial Aggregate for the first adjustment year is of the Industrial Aggregate for the second adjustment year, or one hundred and seven per cent, whichever is less.
Marginal note:Meaning of certain expressions
(3) For the purposes of this section,
(a) in relation to any twelve month period in respect of which the salary is to be determined, the “first adjustment year” is the most recent twelve month period for which the Industrial Aggregate is available on the first day of the period in respect of which the salary is to be determined, and the “second adjustment year” is the twelve month period immediately preceding the first adjustment year; and
(b) the “Industrial Aggregate” for an adjustment year is the average weekly wages and salaries of the Industrial Aggregate in Canada for that year as published by Statistics Canada under the authority of the Statistics Act.
- R.S., 1985, c. J-1, s. 25;
- R.S., 1985, c. 16 (3rd Supp.), s. 2;
- 1993, c. 13, s. 10;
- 1994, c. 18, s. 9;
- 1998, c. 30, s. 4;
- 2001, c. 7, s. 16;
- 2006, c. 11, s. 4;
- 2012, c. 31, s. 211;
- 2014, c. 39, s. 319.
26. (1) The Judicial Compensation and Benefits Commission is hereby established to inquire into the adequacy of the salaries and other amounts payable under this Act and into the adequacy of judges’ benefits generally.
Marginal note:Factors to be considered
(1.1) In conducting its inquiry, the Commission shall consider
(a) the prevailing economic conditions in Canada, including the cost of living, and the overall economic and current financial position of the federal government;
(b) the role of financial security of the judiciary in ensuring judicial independence;
(c) the need to attract outstanding candidates to the judiciary; and
(d) any other objective criteria that the Commission considers relevant.
Marginal note:Quadrennial inquiry
(2) The Commission shall commence an inquiry on October 1, 2015, and on October 1 of every fourth year after 2015, and shall submit a report containing its recommendations to the Minister of Justice of Canada within nine months after the date of commencement.
(3) The Commission may, with the consent of the Minister of Justice and the judiciary, postpone the date of commencement of a quadrennial inquiry.
Marginal note:Other reports
(4) In addition to its quadrennial inquiry, the Minister of Justice may at any time refer to the Commission for its inquiry a matter mentioned in subsection (1). The Commission shall submit to that Minister a report containing its recommendations within a period fixed by the Minister after consultation with the Commission.
Marginal note:Extension of time
(5) The Governor in Council may, on the request of the Commission, extend the time for submission of a report under subsection (2) or (4).
Marginal note:Report of Commission
(6) The Minister of Justice shall table a copy of the report in each House of Parliament on any of the first ten days on which that House is sitting after the Minister receives the report.
Marginal note:Referral to Committee
(6.1) A report that is tabled in each House of Parliament under subsection (6) shall, on the day it is tabled or, if the House is not sitting on that day, on the day that House next sits, be referred by that House to a committee of that House that is designated or established by that House for the purpose of considering matters relating to justice.
Marginal note:Report by Committee
(6.2) A committee referred to in subsection (6.1) may conduct inquiries or public hearings in respect of a report referred to it under that subsection, and if it does so, the committee shall, not later than ninety sitting days after the report is referred to it, report its findings to the House that designated or established the committee.
Definition of “sitting day”
(6.3) For the purpose of subsection (6.2), “sitting day” means a day on which the House of Commons or the Senate, as the case may be, sits.
Marginal note:Response to report
(7) The Minister of Justice shall respond to a report of the Commission within four months after receiving it. Following that response, if applicable, he or she shall, within a reasonable period, cause to be prepared and introduced a bill to implement the response.
- R.S., 1985, c. J-1, s. 26;
- 1996, c. 2, s. 1;
- 1998, c. 30, s. 5;
- 2001, c. 7, s. 17(F);
- 2012, c. 31, s. 212.
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