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An Act to amend the Judges Act and to amend another Act in consequence (S.C. 2001, c. 7)

Assented to 2001-06-14

An Act to amend the Judges Act and to amend another Act in consequence

S.C. 2001, c. 7

Assented to 2001-06-14

An Act to amend the Judges Act and to amend another Act in consequence

SUMMARY

This enactment implements the federal government’s reponse to the report of the 1999 Judicial Compensation and Benefits Commission regarding compensation and benefits for judges.

It amends the Judges Act to increase judicial salaries and allowances, improve the current judicial annuities scheme and put into place a separate life insurance plan for federally appointed judges.

It also makes other consequential amendments to the Judges Act and the Supplementary Retirement Benefits Act.

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-1JUDGES ACT

Marginal note:R.S., c. 39 (3rd Supp.), subpar. 1(1)(c)(i)

 Paragraphs 9(a) and (b) of the Judges Act are replaced by the following:

  • (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.

Marginal note:R.S., c. 41 (1st Supp.), s. 1, c. 39 (3rd Supp.), subpar. 1(1)(c)(ii)

 Paragraphs 10(a) to (d) of the Act are replaced by the following:

  • (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);

  • (c) The Associate 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 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),

    • (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).

Marginal note:R.S., c. 51 (4th Supp.), s. 13

 Paragraphs 11(a) to (c) of the Act are replaced by the following:

  • (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

  • (c) The 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),

    • (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).

Marginal note:R.S., c. 39 (3rd Supp.), subpar. 1(1)(c)(iii); 1990, c. 17, s. 29(2); 1998, c. 30, s. 2

 Paragraphs 12(a) to (d) of the Act are replaced by the following:

  • (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),

    • (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);

  • (c) The Chief Justice and the Associate Chief Justice of the Superior Court of Justice, 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 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),

    • (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).

 

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