Economic Action Plan 2014 Act, No. 2 (S.C. 2014, c. 39)
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Assented to 2014-12-16
318. The Act is amended by adding the following after section 10:
Marginal note:Prothonotaries of the Federal Court
10.1 The yearly salaries of the prothonotaries of the Federal Court shall be 76 per cent of the yearly salaries, calculated in accordance with section 25, of the judges referred to in paragraph 10(d).
Marginal note:2012, c. 31, s. 211(1)
319. (1) Subsection 25(1) of the Act is replaced by the following:
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:2012, c. 31, s. 211(2)
(2) The portion of subsection 25(2) of the Act before paragraph (a) is replaced by the following:
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
Marginal note:2002, c. 8, s. 85
320. Subsection 26.3(3) of the Act is replaced by the following:
Marginal note:Determination of costs
(3) An assessment officer of the Federal Court, other than a judge or a prothonotary, shall determine the amount of costs, on a solicitor-and-client basis, in accordance with the Federal Courts Rules.
321. The Act is amended by adding the following after section 26.3:
Definition of “judiciary”
26.4 In sections 26, 26.1 and 26.3, “judiciary” includes the prothonotaries of the Federal Court.
Marginal note:2002, c. 8, s. 95(2)
322. 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 or the office of a prothonotary of the Federal Court.
323. Subsection 43.1(6) of the Act is amended by adding the following in alphabetical order:
“judicial office”
« magistrature »
“judicial office” includes the office of a prothonotary of the Federal Court.
324. Section 44 of the Act is amended by adding the following after subsection (2):
Marginal note:Prothonotaries
(3) No annuity shall be granted under this section to the survivor of a prothonotary of the Federal Court if the prothonotary ceased to hold the office of prothonotary before the day on which this subsection comes into force.
325. Section 50 of the Act is amended by adding the following after subsection (4):
Definition of “judicial office”
(5) In this section, “judicial office” includes the office of a prothonotary of the Federal Court.
Marginal note:2002, c. 8, s. 107
326. Paragraph 69(1)(a) of the Act is replaced by the following:
(a) a judge of a superior court or a prothonotary of the Federal Court, or
327. Section 71 of the Act is replaced by the following:
Marginal note:Powers, rights or duties not affected
71. Nothing in, or done or omitted to be done under the authority of, any of sections 63 to 70 affects any power, right or duty of the House of Commons, the Senate or the Governor in Council in relation to the removal from office of a judge, a prothonotary of the Federal Court or any other person in relation to whom an inquiry may be conducted under any of those sections.
R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act
328. (1) Subsection 12(4) of the Federal Courts Act is replaced by the following:
Marginal note:Salary, allowances and annuities
(4) Each prothonotary shall be paid a salary, and the allowances and annuities, provided for under the Judges Act.
Marginal note:2003, c. 22, par. 225(w)(E) and s. 263(E)
(2) Subsection 12(5) of the Act is repealed.
Transitional Provisions
Marginal note:Salary
329. Despite section 10.1 of the Judges Act, a prothonotary of the Federal Court is only entitled to be paid, in respect of the period beginning on April 1, 2012 and ending on the day on which this section comes into force, the difference between the salary described in that section 10.1 and any salary paid or payable to the prothonotary for the same period under the Federal Courts Act.
Marginal note:Election
330. (1) A prothonotary of the Federal Court who holds office on the day on which this section comes into force will continue to be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act, as if subsection 12(5) of the Federal Courts Act was not repealed, if the prothonotary makes an election to that effect. The election must be made in writing, signed by the prothonotary, and sent to the President of the Treasury Board within six months after the day on which this section comes into force.
Marginal note:Election irrevocable
(2) An election made under subsection (1) is irrevocable.
Marginal note:No election — no prior pensionable service
(3) If a prothonotary does not make an election under subsection (1) and the prothonotary did not have any pensionable service to their credit for the purposes of the Public Service Superannuation Act before holding the office of prothonotary,
(a) the prothonotary ceases to be deemed to be employed in the public service for the purposes of that Act on the day on which this section comes into force;
(b) the prothonotary is not entitled to a refund of any contributions made by the prothonotary under that Act in respect of any period during which the prothonotary held the office of prothonotary;
(c) the prothonotary is not entitled to a return of contributions under subsection 12(3) of that Act in respect of any period during which the prothonotary held the office of prothonotary;
(d) the period during which the prothonotary held the office of prothonotary is not counted as pensionable service for the purposes of that Act;
(e) if the prothonotary made an election under subsection 51(1) of that Act, the election is deemed never to have been made; and
(f) subsection 51(2) of that Act does not apply to the prothonotary.
Marginal note:No election — prior pensionable service
(4) If a prothonotary does not make an election under subsection (1) and the prothonotary had pensionable service to their credit for the purposes of the Public Service Superannuation Act before holding the office of prothonotary,
(a) the prothonotary ceases to be deemed to be employed in the public service for the purposes of that Act on the day on which this section comes into force;
(b) the prothonotary is not entitled to a refund of any contributions made by the prothonotary under that Act in respect of any period during which the prothonotary held the office of prothonotary;
(c) the period during which the prothonotary held the office of prothonotary before the day on which this section comes into force is not counted as pensionable service for the purposes of that Act, other than for the purposes of sections 12 and 13 of that Act;
(d) despite subsection 69(3) of that Act, for the purposes of section 69 of that Act, the retirement year or retirement month of the prothonotary is the year or month, as the case may be, in which the prothonotary was appointed to the office of prothonotary; and
(e) for the purposes of Part II of that Act, the prothonotary’s salary is their salary in the public service on the day before the day on which they were appointed to the office of prothonotary, expressed in terms of an annual rate.
R.S., c. G-2Consequential Amendments to the Garnishment, Attachment and Pension Diversion Act
331. Paragraph (a) of the definition “salary” in section 4 of the Garnishment, Attachment and Pension Diversion Act is replaced by the following:
(a) in the case of a judge or prothonotary to whom the Judges Act applies, the salary payable under that Act, or
332. The portion of section 5 of the Act after paragraph (b) is replaced by the following:
payable to judges and prothonotaries to whom the Judges Act applies, or payable to any other person, excluding corporations, on behalf of a department or by a Crown corporation prescribed under paragraph 12(c) for the purposes of this Division.
Coming into Force
Marginal note:April 1, 2012
333. Section 318 is deemed to have come into force on April 1, 2012.
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