Economic Action Plan 2014 Act, No. 2 (S.C. 2014, c. 39)
Full Document:
Assented to 2014-12-16
Coming into Force
Marginal note:Order in council
314. The provisions of this Division, other than subsections 309(2) and (3), section 312 and subsections 313(1) and (3), come into force on a day or days to be fixed by order of the Governor in Council.
Division 25Prothonotaries of the Federal Court
R.S., c. J-1Judges Act
315. The heading before section 2 of the French version of the Judges Act is replaced by the following:
DÉFINITIONS ET INTERPRÉTATION
Marginal note:2000, c. 12, s. 159
316. The definitions “age of retirement” and “survivor” in section 2 of the Act are replaced by the following:
“age of retirement”
« mise à la retraite d’office »
“age of retirement” of a judge or of a prothonotary of the Federal Court means the age, fixed by law, at which the judge or prothonotary ceases to hold office;
“survivor”
« survivant »
“survivor”, in relation to a judge or to a prothonotary of the Federal Court, means a person who was married to the judge or prothonotary at the time of the judge’s or prothonotary’s death or who establishes that he or she was cohabiting with the judge or prothonotary in a conjugal relationship at the time of the judge’s or prothonotary’s death and had so cohabited for a period of at least one year.
317. The Act is amended by adding the following after section 2:
Marginal note:Application to prothonotaries
2.1 (1) Subject to subsection (2), sections 26 to 26.3, 34 and 39, paragraphs 40(1)(a) and (b), subsection 40(2), sections 41, 41.2 to 42, 43.1 to 56 and 57, paragraph 60(2)(b), subsections 63(1) and (2) and sections 64 to 66 also apply to a prothonotary of the Federal Court.
Marginal note:Prothonotary who makes election
(2) Sections 41.2, 41.3, 42 and 43.1 to 52.22 do not apply to a prothonotary of the Federal Court who makes an election under the Economic Action Plan 2014 Act, No. 2 to continue to be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.
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
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