Courts Administration Service Act (S.C. 2002, c. 8)
Full Document:
Assented to 2002-03-27
91. Subsection 32(1) of the English version of the Act is replaced by the following:
Marginal note:Election to cease to perform duties of chief justice of provincial superior court
32. (1) Where the legislature of a province has enacted legislation establishing for each office of chief justice of a superior court of the province such additional offices of judge of that court as are required for the purposes of this section, and a chief justice of that court has notified the Minister of Justice of Canada and the attorney general of the province of his or her election to cease to perform the duties of chief justice and to perform only the duties of a judge, the chief justice shall thereupon hold only the office of a judge, other than a chief justice, of that court and shall be paid the salary annexed to the office of a judge, other than a chief justice, 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:1992, c. 51, s. 12
92. Subsection 34(1) of the Act is replaced by the following:
Marginal note:Superior courts
34. (1) Subject to this section and sections 36 to 39, a judge of a superior court who, for the purposes of performing any function or duty in that capacity, attends at any place other than that at which or in the immediate vicinity of which the judge is by law obliged to reside is entitled to be paid, as a travel allowance, moving or transportation expenses and the reasonable travel and other expenses incurred by the judge in so attending.
Marginal note:1992, c. 51, s. 16
93. (1) Paragraph 40(1)(a) of the Act is replaced by the following:
(a) a person who is appointed a judge of a superior court and who, for the purposes of assuming the functions and duties of that office, is required to move from his or her place of residence to a place outside the immediate vicinity of the place where the person resided at the time of the appointment;
Marginal note:1989, c. 8, s. 11(1); 2000, c. 12, s. 160(2)
(2) Paragraphs 40(1)(e) and (f) of the Act are 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, 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
(f) a survivor or child, as defined in subsection 47(1), of a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada who dies while holding office as such, if the survivor or child lives with the judge at the time of the judge’s death and, within two years after the death, 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.
Marginal note:1989, c. 8, s. 11(2)
(3) Subsection 40(1.2) of the Act is replaced by the following:
Marginal note:Limitation
(1.2) Paragraphs (1)(e) and (f) apply only in respect of a judge who, at the time of appointment to the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be, resided outside the area within which the judge was required to reside by the Act establishing that Court.
Marginal note:1992, c. 51, s. 17(1)
94. (1) Subsection 41(1) of the Act is replaced by the following:
Marginal note:Meeting, conference and seminar expenses
41. (1) A judge of a superior court who attends a meeting, conference or seminar that is held for a purpose relating to the administration of justice and that the judge in the capacity of a judge is required by law to attend, or who, with the approval of the chief justice of that court, attends any such meeting, conference or seminar that the judge in that capacity is expressly authorized by law to attend, is entitled to be paid, as a conference allowance, reasonable travel and other expenses actually incurred by the judge in so attending.
Marginal note:1992, c. 51, s. 17(2)
(2) The portion of subsection 41(2) of the Act before paragraph (b) is replaced by the following:
Marginal note:Expenses for other meetings, conferences or seminars
(2) Subject to subsection (3), a judge of a superior court who, with the approval of the chief justice of that court,
(a) attends a meeting, conference or seminar that the judge in the capacity of a judge is not expressly authorized by law or is not required by law to attend but that is certified by the chief justice to be a meeting, conference or seminar having as its object or as one of its objects the promotion of efficiency or uniformity in the superior courts, or the improvement of the quality of judicial service in those courts, or
Marginal note:1992, c. 51, s. 17(3)
(3) Paragraph 41(3)(b) of the Act is replaced by the following:
(b) to the judges of any other particular superior court exceeds the greater of $5,000 and the product obtained by multiplying the number of judges of that court by $500,
(4) The definition “chief justice” or “chief judge” in subsection 41(4) of the English version of the Act is replaced by the following:
“chief justice”
« juge en chef »
“chief justice” of any court of which a particular judge is a member means the chief justice or other person recognized by law as having rank or status senior to all other members of, or having the supervision of, that court, but if that court is constituted with divisions, then it means the person having that rank or status in relation to all other members of the division of which the particular judge is a member;
Marginal note:1998, c. 30, s. 7
95. (1) Subsection 42(1) of the English version of the Act is replaced by the following:
Marginal note:Grant of annuities
42. (1) The Governor in Council shall grant to
(a) a judge who has continued in judicial office for at least fifteen years, whose combined age and number of years in judicial office is not less than eighty and who resigns from office,
(b) a judge who has continued in judicial office for at least fifteen years and resigns his or her office, if in the opinion of the Governor in Council the resignation is conducive to the better administration of justice or is in the national interest,
(c) a judge who has become afflicted with a permanent infirmity disabling him or her from the due execution of the office of judge and resigns his or her office or by reason of that infirmity is removed from office,
(d) a judge who has attained the age of retirement and has held judicial office for at least ten years, or
(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,
an annuity equal to two-thirds of the salary annexed to the office held by the judge at the time of his or her resignation, removal or attaining the age of retirement, as the case may be.
(2) Subsection 42(4) of the Act is replaced by the following:
Definition of “judicial office”
(4) In this section, “judicial office” means the office of a judge of a superior or county court.
(3) Subsection 42(4) of the Act, as enacted by section 18 of the Nova Scotia Courts Amendment Act, 1992, chapter 51 of the Statutes of Canada, 1992, is replaced by the following:
Definition of “judicial office”
(4) In this section, “judicial office” means the office of a judge of a superior court.
96. (1) Subsection 43(1) of the English version of the Act is replaced by the following:
Marginal note:Annuity payable to supernumerary judge
43. (1) If a supernumerary judge, before becoming a supernumerary judge, held the office of chief justice, senior associate chief justice or associate chief justice, the annuity payable to the judge under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office previously held by him or her of chief justice, senior associate chief justice or associate chief justice.
(2) Subsection 43(2) of the Act is replaced by the following:
Marginal note:Annuity payable to judge who elected under section 31 or 32
(2) If the Chief Justice of the Federal Court of Appeal or of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada, in accordance with section 31, or a chief justice of a superior court of a province, in accordance with section 32, has elected to cease to perform his or her duties as such and to perform only the duties of a judge, the annuity payable to him or her under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office held by him or her immediately before his or her election.
Marginal note:1992, c. 51, s. 20; 2000, c. 12, par. 169(a)
97. (1) The portion of subsection 44(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Annuity to surviving spouse
44. (1) Subject to this section, if, after July 10, 1955, a judge of a superior court died or dies while holding office, the Governor in Council shall grant to the survivor of the judge an annuity equal to one third of
(2) Paragraph 44(1)(b) of the English version of the Act is replaced by the following:
(b) the salary annexed, at the date of death, to the office previously held by the judge of chief justice, senior associate chief justice or associate chief justice, if either subsection 43(1) or (2) would have applied to the judge if he or she had resigned, been removed or attained the age of retirement, on the day of death,
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