Budget Implementation Act, 2017, No. 2 (S.C. 2017, c. 33)

Assented to 2017-12-14

 Section 49 of the English version of the Act is replaced by the following:

Marginal note:Payment of certain taxes out of C.R.F.

49 The Governor in Council may make regulations providing for the payment out of the Consolidated Revenue Fund, on the payment of an annuity under this Act to the survivor or children of a judge or a retired judge, of the whole or any part of the portion of any estate, legacy, succession or inheritance duties or taxes that are payable by the survivor or children with respect to the annuity, as is determined in accordance with the regulations to be attributable to that annuity, and prescribing the amount by which and the manner in which the annuity in that case shall be reduced.

 Subsections 51(1) and (2) of the English version of the Act are replaced by the following:

Marginal note:Return of contributions if no annuity
  • 51 (1) If a judge has ceased to hold office otherwise than by reason of death and, at the time he or she ceased to hold office, no annuity under this Act was granted or could be paid to that judge, there shall be paid to the judge, in respect of his or her having ceased to hold that office, an amount equal to the total contributions made by him or her under subsection 50(1) or paragraph 50(2)(a), together with interest, if any, calculated in accordance with subsection (4).

  • Marginal note:Return of contributions if annuity

    (2) If a judge to whom subsection 50(1) applies has ceased to hold office otherwise than by reason of death and that judge is granted or paid an annuity under this Act, there shall be paid to the judge in respect of his or her having ceased to hold that office an amount equal to the total contributions made by the judge under subsection 50(1), together with interest, if any, calculated in accordance with subsection (4), if,

    • (a) at the time the judge ceased to hold office, there is no person to whom an annuity under this Act could be paid in respect of the judge on his or her death; or

    • (b) at any time after the judge ceased to hold office but before his or her death, all persons to whom an annuity under this Act could be paid in respect of the judge on his or her death have died or ceased to be eligible to be paid an annuity.

 The definition judge in section 52.1 of the English version of the Act is replaced by the following:

judge

judge includes a former judge who has been granted or paid an annuity. (juge)

  •  (1) The portion of subsection 52.14(3) of the English version of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Return of contributions

      (3) Subject to subsections (3.1) and (4), if the Minister approves the division of the annuity benefits of a judge who was not eligible to be paid an annuity at the end of the period subject to division, the spouse, former spouse or former common-law partner shall be accorded a share of the annuity benefits consisting of

  • (2) The portion of subsection 52.14(3.1) of the English version of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Return of contributions — infirm annuitant

      (3.1) Subject to subsection (4), if the Minister approves the division of the annuity benefits of a judge who had been granted an annuity by reason of an infirmity but was not otherwise eligible to be paid an annuity at the end of the period subject to division, the spouse, former spouse or former common-law partner shall be accorded a share of the annuity benefits consisting of

  • (3) Subsections 52.14(4) and (5) of the English version of the Act are replaced by the following:

    • Marginal note:Election by spouse

      (4) A judge’s spouse, former spouse or former common-law partner who is entitled to be accorded a share of the judge’s annuity benefits under subsection (3) or (3.1) may elect in the manner prescribed by the regulations, in lieu of receiving that share, to receive — at the time the judge becomes eligible to be granted or paid an annuity, or at the time the judge would have become eligible to be paid an annuity had the judge not resigned or been removed from office by reason of an infirmity — a share of the annuity benefits for which the judge is or would have been eligible, determined as provided in subsection (1).

    • Marginal note:Death or resignation of judge

      (5) If an election has been made under subsection (4) and, before becoming eligible to be paid an annuity, the judge dies, resigns, is removed from office or otherwise ceases to hold office, the spouse, former spouse or former common-law partner shall instead be paid immediately the portion of the judge’s contributions to which the spouse was otherwise entitled under subsection (3) or (3.1).

  •  (1) Paragraph 54(1)(a) of the Act is replaced by the following:

    • (a) of six months or less, except with the approval of the chief justice of the superior court; or

  • (2) Subsections 54(1.1) to (2) of the Act are replaced by the following:

    • Marginal note:Notification of leave by chief justice

      (1.1) Whenever a leave of absence is granted under paragraph (1)(a), the chief justice of the superior court shall, without delay, notify the Minister of Justice of Canada and, in the case of provincial or territorial courts, the minister of justice or the attorney general of the province or territory.

    • Marginal note:Notification of leave by Minister of Justice of Canada

      (1.2) Whenever a leave of absence is granted under paragraph (1)(b), the Minister of Justice of Canada shall, without delay, notify the chief justice of the superior court and, in the case of provincial or territorial courts, the minister of justice or the attorney general of the province or territory.

    • Marginal note:Report by chief justice of absence

      (2) If it appears to the chief justice of a superior court that a judge of the court is absent from the judge’s judicial duties without the approval required by subsection (1), the chief justice shall report the absence to the Minister of Justice of Canada.

  • (3) Subsection 54(4) of the Act is repealed.

 Subsection 59(1) of the Act is amended by adding “and” at the end of paragraph (b) and by repealing paragraph (c).

Transitional Provisions

Marginal note:Definition of senior judge
  •  (1) In this section, senior judge has the same meaning as in subsection 22(3) of the Judges Act as it read immediately before the day on which subsection 232(4) of this Act comes into force.

  • Marginal note:Rights preserved

    (2) For the purposes of the Judges Act, the years during which a senior judge of the Supreme Court of Yukon, the Supreme Court of Northwest Territories or the Nunavut Court of Justice has continued in office are deemed to be years during which a chief justice has continued in judicial office.

Consequential Amendments

R.S., c. C-46Criminal Code

  •  (1) Paragraph 188(4)(c) of the Criminal Code is replaced by the following:

    • (c) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, and in the Yukon and the Northwest Territories, the Chief Justice of the Supreme Court;

  • (2) Paragraph 188(4)(f) of the Act is replaced by the following:

    • (f) in Nunavut, the Chief Justice of the Nunavut Court of Justice.

1993, c. 28Nunavut Act

 Section 10 of the Nunavut Act is replaced by the following:

Marginal note:Absence or incapacity

10 If both the Commissioner and the Deputy Commissioner are absent, ill or unable to act or both those offices are vacant, the Chief Justice of the Nunavut Court of Justice has and may exercise and perform all of the powers, duties and functions of the Commissioner.

2002, c. 7Yukon Act

 Subsection 5(2) of the Yukon Act is replaced by the following:

  • Marginal note:Absence or inability

    (2) The Chief Justice of the Supreme Court of Yukon may act as Administrator during the Administrator’s absence or illness or other inability or when that office is vacant.

2014, c. 2, s. 2Northwest Territories Act

 Subsection 5(2) of the Northwest Territories Act is replaced by the following:

  • Marginal note:Absence, inability or vacancy

    (2) The Chief Justice of the Supreme Court of the Northwest Territories is authorized to act as Deputy Commissioner during the Deputy Commissioner’s absence or inability or when that office is vacant.

 
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