Budget Implementation Act, 2017, No. 2 (S.C. 2017, c. 33)
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Assented to 2017-12-14
PART 5Various Measures (continued)
DIVISION 11R.S., c. J-1Judges Act (continued)
Amendments to the Act (continued)
250 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)
251 (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).
252 (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.
253 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
254 (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
255 (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
256 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
257 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
258 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.
Coming into Force
Marginal note:Order in council
259 (1) Sections 230, 232 to 236, 239, 252, 253 and 255 to 258 come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(2) Sections 237, 238 and 240 to 251 come into force on a day to be fixed by order of the Governor in Council.
DIVISION 121995, c. 28Business Development Bank of Canada Act
260 Subsection 23(1) of the Business Development Bank of Canada Act is replaced by the following:
Marginal note:Authorized capital
23 (1) The authorized capital of the Bank consists of an unlimited number of common shares with a par value of $100 each and an unlimited number of preferred shares without par value, but the paid-in capital of the Bank, together with any contributed surplus relating to it and any proceeds referred to in paragraph 30(2)(d) that have been prescribed as equity, must not at any time exceed $4,500,000,000.
DIVISION 13R.S., c. F-11Financial Administration Act
261 Subsection 32(1) of the Financial Administration Act is replaced by the following:
Marginal note:Control of commitments
32 (1) No contract or other arrangement providing for a payment shall be entered into unless, to discharge any debt that will be due under the contract or other arrangement during the fiscal year in which the contract or other arrangement is entered into, there is a sufficient unencumbered balance available out of
(a) an appropriation by Parliament to which the payment will be charged;
(b) an item included in estimates then before the House of Commons to which the payment will relate;
(c) a commitment limit in an appropriation Act to which the payment will relate; or
(d) revenues received or estimated revenues set out in estimates, in the case of a payment that will be charged to an authority — under an appropriation Act or any other Act of Parliament — to expend revenues.
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