Budget Implementation Act, 2018, No. 1 (S.C. 2018, c. 12)
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Assented to 2018-06-21
PART 6Various Measures (continued)
DIVISION 141996, c. 23Employment Insurance Act (continued)
Coming into Force
Marginal note:August 12, 2018
296 This Division comes into force on August 12, 2018.
DIVISION 15R.S., c. J-1Judges Act
Amendments to the Act
297 Paragraph 10(c) of the Judges Act is replaced by the following:
(c) the Chief Justice and the Associate Chief Justice of the Federal Court, $344,400 each; and
298 Paragraph 12(d) of the Act is replaced by the following:
(d) the 198 other judges of the Superior Court of Justice, $314,100 each.
299 Paragraph 19(b) of the Act is replaced by the following:
(b) the seven Judges of Appeal, $314,100 each;
300 The portion of subsection 24(4) of the Act before paragraph (a) is replaced by the following:
Marginal note:Unified family courts
(4) For the purposes of assisting the establishment of unified family courts in the provinces, a further number of salaries not greater than 75 at any one time may be paid in the case of judges appointed to courts described in paragraph (3)(b)
301 (1) Paragraph 28(3)(a) of the English version of the Act is replaced by the following:
(a) by the Chief Justice of the Federal Court of Appeal, if the judge is a judge of that Court;
(2) Paragraph 28(3)(b) of the Act is replaced by the following:
(b) by the Chief Justice or the Associate Chief Justice of the Federal Court, if the judge is a judge of that Court; or
302 (1) Subsections 31(1) and (2) of the Act are replaced by the following:
Marginal note:Election of Chief or Associate Chief to change to duties of judge only
31 (1) If the Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada has notified the Minister of Justice of Canada of his or her election to cease to perform the duties of that office and to perform only the duties of a judge, he or she shall then hold only the office of a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be, and shall be paid the salary annexed to the office of a judge of that 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 Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada may make the election referred to in subsection (1) only if he or she has continued in the office for at least five years or has continued in the office and another office referred to in this subsection for a total of at least five years.
(2) Subsections 31(3) and (4) of the English version of the Act are replaced by the following:
Marginal note:Duties of judge
(3) The Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada who has made the election referred to in subsection (1) shall perform all of the judicial duties normally performed by a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be.
Marginal note:Salary of judge
(4) The salary of the Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada who has made the election referred to in subsection (1) is the salary annexed to the office of a judge (other than the Chief Justice) of the Federal Court of Appeal, a judge (other than the Chief Justice or the Associate Chief Justice) of the Federal Court or a judge (other than the Chief Justice or the Associate Chief Justice) of the Tax Court of Canada, as the case may be.
303 Subsection 43(2) of the Act is replaced by the following:
Marginal note:Annuity — election under section 31, 32 or 32.1
(2) If the Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or 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 attainment of the age of retirement, to the office or position held by him or her immediately before his or her election.
R.S., c. F-7; 2002, c. 8, s. 14Consequential Amendments to the Federal Courts Act
304 (1) Subsection 5.1(1) of the Federal Courts Act is replaced by the following:
Marginal note:Constitution of Federal Court
5.1 (1) The Federal Court consists of a chief justice called the Chief Justice of the Federal Court, who is the president of the Federal Court, an associate chief justice called the Associate Chief Justice of the Federal Court and 36 other judges.
(2) Subsection 5.1(3) of the Act is replaced by the following:
Marginal note:Additional office of judge
(3) For each of the offices of Chief Justice of the Federal Court and Associate Chief Justice of the Federal Court, there is an additional office of judge that the Chief Justice and Associate Chief Justice may elect under the Judges Act to hold.
305 (1) Subsection 6(1) of the Act is amended by adding the following after paragraph (b):
(b.1) the Associate Chief Justice of the Federal Court;
(2) Subsection 6(2) of the Act is replaced by the following:
Marginal note:Absence or incapacity of Chief Justice — Federal Court of Appeal
(2) If the office of Chief Justice of the Federal Court of Appeal is vacant, or the Chief Justice is absent from Canada or is for any reason unable to act, the powers and duties of the Chief Justice shall be exercised and performed by
(a) the judge of the Federal Court of Appeal who has been designated for that purpose by the Chief Justice of that Court; or
(b) if no judge has been designated under paragraph (a), or if the judge so designated is absent from Canada or is unable or unwilling to act, the senior judge of that court who is in Canada and is able and willing to act and who has not elected to hold office as a supernumerary judge under section 28 of the Judges Act.
Marginal note:Absence or incapacity of Chief Justice — Federal Court
(2.1) If the office of Chief Justice of the Federal Court is vacant, or the Chief Justice is absent from Canada or is for any reason unable to act, the powers and duties of the Chief Justice shall be exercised and performed
(a) by the Associate Chief Justice of the Federal Court;
(b) if the office of Associate Chief Justice is vacant, or the Associate Chief Justice is absent from Canada or is for any reason unable to act, by a judge of that court designated by the Chief Justice for that purpose; or
(c) if no judge has been designated under paragraph (b), or if the judge so designated is absent from Canada or is unable or unwilling to act, by the senior judge of that court who is in Canada and is able and willing to act and who has not elected to hold office as a supernumerary judge under section 28 of the Judges Act.
306 Subsection 10(4) of the Act is replaced by the following:
Marginal note:Salary of deputy judge
(4) A person who acts as a judge of a court under subsection (1) or (1.1) shall be paid a salary for the period that the judge acts, at the rate fixed by the Judges Act for a judge of the court other than the Chief Justice and the Associate Chief Justice of the court, less any amount otherwise payable to him or her under that Act in respect of that period, and shall also be paid the travel allowances that a judge is entitled to be paid under the Judges Act.
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