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Jobs and Growth Act, 2012 (S.C. 2012, c. 31)

Full Document:  

Assented to 2012-12-14

PART 4VARIOUS MEASURES

Division 9R.S., c. J-1Judges Act

Marginal note:2006, c. 11, s. 4(1)

  • 211. (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 to 22 apply in respect of the twelve month period commencing April 1, 2012.

  • Marginal note:2006, c. 11, s. 4(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 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:1998, c. 30, s. 5

  • 212. (1) Subsection 26(2) of the Act is replaced by the following:

    • Marginal note:Quadrennial inquiry

      (2) The Commission shall commence an inquiry on October 1, 2015, and on October 1 of every fourth year after 2015, and shall submit a report containing its recommendations to the Minister of Justice of Canada within nine months after the date of commencement.

  • Marginal note:1998, c. 30, s. 5

    (2) Subsection 26(7) of the Act is replaced by the following:

    • Marginal note:Response to report

      (7) The Minister of Justice shall respond to a report of the Commission within four months after receiving it. Following that response, if applicable, he or she shall, within a reasonable period, cause to be prepared and introduced a bill to implement the response.

Marginal note:2006, c. 11, s. 6(2)

  • 213. (1) Paragraph 27(6)(g) of the Act is replaced by the following:

    • (g) the Senior Judge of the Family Court, and each regional senior judge, of the Superior Court of Justice in and for the Province of Ontario, $5,000.

  • Marginal note:2002, c. 7, s. 190(5)

    (2) The definition “senior judge” in subsection 27(9) of the Act is replaced by the following:

    “senior judge”

    « juge principal »

    “senior judge” of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice means the judge with the earliest date of appointment to the court in question who has not made an election under subsection 29(1) or 32.1(1) or, in the case of more than one such judge having been appointed on the same day, the judge that the Governor in Council may designate as the senior judge.

  • 214. (1) Subsection 29(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 a superior court is the salary annexed to the office of a judge of that court other than a chief justice, senior associate chief justice, associate chief justice or senior judge.

  • Marginal note:2002, c. 7, s. 191(2)

    (2) Subsection 29(6) of the Act is replaced by the following:

    • Definition of “senior judge”

      (6) In this section, “senior judge” of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice means the judge with the earliest date of appointment to the court in question who has not made an election under subsection (1) or 32.1(1) or, in the case of more than one such judge having been appointed on the same day, the judge that the Governor in Council may designate as the senior judge.

Marginal note:2002, c. 8, s. 89(E)

215. The heading before section 31 of the Act is replaced by the following:

Chief Justice or Senior Judge Continuing as Judge

216. The Act is amended by adding the following after section 32:

Marginal note:Senior judge

  • 32.1 (1) If the senior judge, as defined in subsection 22(3), of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice has notified the Minister of Justice of Canada and the attorney general of the territory of his or her election to cease to perform the duties of senior judge and to perform only the duties of a judge, he or she shall then hold only the office of a judge, other than the senior judge, of that court and shall be paid the salary annexed to the office of a judge, other than the senior judge, of the applicable 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 senior judge may make the election referred to in subsection (1) only if he or she has continued in that position for at least five years.

  • Marginal note:Duties

    (3) The senior judge who has made the election referred to in subsection (1) shall perform all of the judicial duties normally performed by a judge, other than the senior judge, of the applicable court.

  • Marginal note:Salary

    (4) The salary of a senior judge who has made the election referred to in subsection (1) is the salary annexed to the office of a judge of the applicable court, other than the senior judge.

Marginal note:2002, c. 8, ss. 96(1)(E) and (2)

217. Subsections 43(1) and (2) of the Act are 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, or served in the position of senior judge, as defined in subsection 29(6), of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of 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 or position previously held by him or her of chief justice, senior associate chief justice, associate chief justice or senior judge.

  • Marginal note:Annuity — election under section 31, 32 or 32.1

    (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, or a senior judge, as defined in subsection 22(3), of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, in accordance with section 32.1, 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 or position held by him or her immediately before his or her election.

Marginal note:2002, c. 7, s. 194

218. Subsection 54(4) of the Act is replaced by the following:

  • Definition of “senior judge”

    (4) In this section, “senior judge”, in respect of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, means the judge with the earliest date of appointment to the court in question who has not made an election under subsection 29(1) or 32.1(1) or, in the case of more than one such judge having been appointed on the same day, the judge that the Governor in Council may designate as the senior judge.

Division 10R.S., c. L-2Canada Labour Code

Amendments to the Act

  • 219. (1) The portion of section 188 of the Canada Labour Code before paragraph (a) is replaced by the following:

    Marginal note:Termination of employment during year

    188. When an employee ceases to be employed, the employer shall pay to the employee within 30 days after the day on which the employee ceases to be employed

  • (2) Paragraph 188(b) of the English version of the Act is replaced by the following:

    • (b) four per cent or, if the employee has completed six consecutive years of employment by one employer, six per cent of the wages of the employee during any part of the completed portion of their year of employment in respect of which vacation pay has not been paid to the employee.

220. Section 191 of the Act is replaced by the following:

Marginal note:Definitions

191. The following definitions apply in this Division.

“employed in a continuous operation”

« occupé à un travail ininterrompu »

“employed in a continuous operation” means, in respect of an employee, employment in

  • (a) any industrial establishment in which, in each seven-day period, operations once begun normally continue without cessation until the completion of the regularly scheduled operations for that period;

  • (b) any operations or services concerned with the running of trains, planes, ships, trucks or other vehicles, whether in scheduled or non-scheduled operations;

  • (c) any telephone, radio, television, telegraph or other communication or broadcasting operations or services; or

  • (d) any operation or service normally carried on without regard to Sundays or general holidays.

“holiday pay”

« indemnité de congé »

“holiday pay” means pay calculated in accordance with section 196.

“holiday with pay”

« congé payé »

“holiday with pay” means a holiday for which an employee is entitled to holiday pay.

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