Courts Administration Service Act (S.C. 2002, c. 8)

Marginal note:2001, c. 7, s. 3

84. Paragraphs 11(a) and (b) of the English version of the Act are replaced by the following:

Marginal note:2001, c. 7, s. 18

85. Subsection 26.3(3) of the Act is replaced by the following:

Marginal note:R.S., c. 51 (4th Supp.), s. 14; 1996, c. 30, s. 2(1)

• 86. (1) Subsections 27(3) to (4) of the Act are replaced by the following:

  • Marginal note:Additional allowance — Federal Courts and Tax Court of Canada

    (3) There shall be paid to every judge of the Federal Court of Appeal, the Federal Court and the Tax Court of Canada 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.

  • Marginal note:Continuance in force of subsection (3)

    (4) Subsection (3) shall continue in force for so long as subsection 57(2) continues in force in relation to judges of superior courts in the provinces.

• Marginal note:1999, c. 3, s. 73(2); 2000, c. 12, s. 168

  (2) Subsection 27(6) of the English version of the Act is replaced by the following:

  • Marginal note:Representational allowance

    (6) A chief justice, 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 their spouse or common-law partner 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).

• Marginal note:2001, c. 7, s. 19(2)

  (3) Paragraphs 27(7)(c) and (d) of the Act are replaced by the following:

  • (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

• Marginal note:2001, c. 7, s. 19(2)

  (4) Paragraph 27(7)(f) of the Act is repealed.

• (5) The definition “chief judge” in subsection 27(9) of the English version of the Act is repealed.

• 87. (1) Subsection 28(1) of the Act is replaced by the following:

  Marginal note:Supernumerary judges of the Federal Court of Appeal, Federal Court and Tax Court of Canada

  • 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, after giving that notice, 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) Subsection 28(3) of the Act is replaced by the following:

  • Marginal note: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

    • (a) by the Chief Justice of the Federal Court of Appeal, if the judge is a member of the Federal Court of Appeal;

    • (b) by the Chief Justice of the Federal Court, if the judge is a member of the Federal Court; or

    • (c) by the Chief Justice or the Associate Chief Justice of the Tax Court of Canada, if the judge is a judge of that Court.

• (3) Subsection 28(4) of the English version of the Act is replaced by the following:

  • Marginal note:Salary of supernumerary judge

    (4) The salary of each supernumerary judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada is the salary annexed to the office of a judge of that Court, other than the office of a Chief Justice or Associate Chief Justice.

• 88. (1) Subsection 29(1) of the English version of the Act is replaced by the following:

  Marginal note:Supernumerary judges of provincial superior courts

  • 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 or her 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 or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.

• (2) The portion of subsection 29(3) of the English version of the Act before paragraph (a) is replaced by the following:

  • Marginal note: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

89. The heading before section 31 of the English version of the Act is replaced by the following:

• 90. (1) Subsections 31(1) and (2) of the Act are replaced by the following:

  Marginal note:Election of Chief or Associate Chief to change to duties of judge only

  • 31. (1) If the Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada notifies the Minister of Justice of Canada of his or her election to cease to perform the duties of that office and to perform only the duties of a judge, he or she shall, after giving that notice, hold only the office of a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be, and shall be paid the salary annexed to the office of a judge of that Court, until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.

  • Marginal note:Restriction on election

    (2) The Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada may make the election referred to in subsection (1) only if he or she has continued in the office for at least five years or has continued in the office and another office referred to in this subsection for a total of at least five years.

• (2) Subsections 31(3) and (4) of the English version of the Act are replaced by the following:

  • Marginal note:Duties of judge

    (3) The Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada who has made the election referred to in subsection (1) shall perform all of the judicial duties normally performed by a judge of that Court.

  • Marginal note:Salary of judge

    (4) The salary of the Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada who has made the election referred to in subsection (1) is the salary annexed to the office of judge (other than the Chief Justice) of the Federal Court of Appeal, judge (other than the Chief Justice) of the Federal Court or judge (other than the Chief Justice or the Associate Chief Justice) of the Tax Court of Canada, as the case may be.