Budget Implementation Act, 2022, No. 1 (S.C. 2022, c. 10)
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Assented to 2022-06-23
PART 5Various Measures (continued)
DIVISION 22Judges and Prothonotaries (continued)
R.S., c. J-1Judges Act (continued)
350 Paragraphs 21(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of Newfoundland and Labrador, $371,400;
(b) the five Judges of Appeal, $338,800 each;
(c) the Chief Justice and the Associate Chief Justice of the Trial Division, $371,400 each; and
(d) the 18 other judges of the Trial Division, $338,800 each.
351 (1) Paragraphs 22(1)(a) and (b) of the Act are replaced by the following:
(a) the Chief Justice, $371,400; and
(b) the two other judges, $338,800 each.
(2) Paragraphs 22(2)(a) and (b) of the Act are replaced by the following:
(a) the Chief Justice, $371,400; and
(b) the two other judges, $338,800 each.
(3) Paragraphs 22(2.1)(a) and (b) of the Act are replaced by the following:
(a) the Chief Justice, $371,400; and
(b) the five other judges, $338,800 each.
352 (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 beginning on April 1, 2020.
(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 referred to in sections 9, 10, 10.2, 11 and 12 to 22 for the twelve-month period beginning on April 1, 2021, and for each subsequent twelve-month period, shall be the amount obtained by multiplying
353 Section 26.11 of the Act is replaced by the following:
Marginal note:Definition of judiciary
26.11 In sections 26 and 26.1, judiciary includes prothonotaries.
354 Subsections 26.4(1) and (2) of the Act are replaced by the following:
Marginal note:Costs payable to representative of prothonotaries
26.4 (1) The Commission may identify one representative of the prothonotaries of the Federal Court and one representative of the prothonotaries of the Tax Court of Canada participating in an inquiry of the Commission to whom costs shall be paid in accordance with this section.
Marginal note:Entitlement to payment of costs
(2) The representatives identified under subsection (1) are entitled to be paid, out of the Consolidated Revenue Fund, 95% of the costs determined under subsection (3) in respect of their participation.
355 The heading before section 27 of the English version of the Act is replaced by the following:
Special and Representational Allowances
356 (1) Subsections 27(1) and (1.1) of the Act are replaced by the following:
Marginal note:Allowance for incidental expenditures actually incurred
27 (1) On and after April 1, 2020, every judge in receipt of a salary under this Act is entitled to be paid, up to a maximum of $7,500 for each year, for reasonable incidental expenditures that the fit and proper execution of the office of judge may require, to the extent that the judge has actually incurred the expenditures and is not entitled to be reimbursed for them under any other provision of this Act.
Marginal note:Allowance for incidental expenditures by prothonotaries
(1.1) On and after April 1, 2020, every prothonotary is entitled to be paid, up to a maximum of $7,500 for each year, for reasonable incidental expenditures that the fit and proper execution of the office of prothonotary may require, to the extent that the prothonotary has actually incurred the expenditures and is not entitled to be reimbursed for them under any other provision of this Act.
(2) Section 27 of the Act is amended by adding the following after subsection (2):
Marginal note:Allowance — medical or dental treatment
(2.1) If a judge referred to in subsection (2) is required to travel for the purpose of receiving a non-elective medical or dental treatment that is required without delay and unavailable at or in the immediate vicinity of the place where the judge resides, the judge is entitled to be paid an allowance for reasonable expenses actually incurred while travelling for that purpose, to the extent that the judge may not be reimbursed for them under any other provision of this Act.
(3) Subsection 27(6) of the Act is replaced by the following:
Marginal note:Representational allowance
(6) On and after April 1, 2020, each of the following judges is entitled to be paid, as a representational allowance, reasonable travel and other expenses actually incurred by the judge or the spouse or common-law partner of the judge in discharging the special extra-judicial obligations and responsibilities that devolve on the judge, to the extent that those expenses may not be reimbursed under any other provision of this Act and their aggregate amount does not exceed in any year the maximum amount indicated below in respect of the judge:
(a) the Chief Justice of Canada, $25,000;
(b) each puisne judge of the Supreme Court of Canada, $15,000;
(c) the Chief Justice of the Federal Court of Appeal and each chief justice described in sections 12 to 21 as the chief justice of a province, $17,500;
(d) each other chief justice referred to in sections 10 to 21, $15,000;
(e) the Chief Justices of the Court of Appeal of Yukon, the Court of Appeal of the Northwest Territories, the Court of Appeal of Nunavut, the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice, $15,000 each;
(f) the Chief Justice of the Court Martial Appeal Court of Canada, $15,000; and
(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, $7,500.
357 The heading before section 28 of the Act is replaced by the following:
Supernumerary Judges and Prothonotaries
358 The Act is amended by adding the following after section 29:
Marginal note:Supernumerary prothonotaries
30 (1) If a prothonotary notifies the Minister of Justice of Canada of his or her election to give up regular judicial duties and hold office only as a supernumerary prothonotary, the prothonotary shall hold the office of supernumerary prothonotary from the time notice is given until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office, or until the end of five years from the date of the election, whichever occurs earlier, and shall be paid the salary annexed to that office.
Marginal note:Restriction on election
(2) An election may be made under subsection (1) only by a prothonotary
(a) who has continued in judicial office for at least 15 years and whose combined age and number of years in judicial office is not less than 80; or
(b) who has attained the age of 70 years and has continued in judicial office for at least 10 years.
Marginal note:Duties of prothonotary
(3) A prothonotary who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the prothonotary by the chief justice or the associate chief justice of the court to which he or she is appointed.
Marginal note:Salary of supernumerary prothonotary
(4) The salary of each supernumerary prothonotary is the salary annexed to the office of a prothonotary.
Marginal note:Deemed election and notice
(5) For the purposes of subsection (1), if a prothonotary gives notice to the Minister of Justice of Canada of the prothonotary’s election to be effective on a future day specified in the notice, being a day on which the prothonotary will be eligible to make the election, the prothonotary is, effective on that day, deemed to have elected and given notice of the election on that day.
359 Subsection 42(4) of the Act is replaced by the following:
Marginal note: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.
360 The definition judicial office in subsection 43.1(6) of the Act is replaced by the following:
- judicial office
judicial office includes the office of a prothonotary. (magistrature)
361 Subsection 50(5) of the Act is replaced by the following:
Marginal note:Definition of judicial office
(5) In this section, judicial office includes the office of a prothonotary.
362 Paragraph 69(1)(a) of the Act is replaced by the following:
(a) a judge of a superior court or a prothonotary, or
363 Section 71 of the Act is replaced by the following:
Marginal note:Powers, rights or duties not affected
71 Nothing in, or done or omitted to be done under the authority of, any of sections 63 to 70 affects any power, right or duty of the House of Commons, the Senate or the Governor in Council in relation to the removal from office of a judge, a prothonotary or any other person in relation to whom an inquiry may be conducted under any of those sections.
R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act
364 The definition federal board, commission or other tribunal in subsection 2(1) of the Federal Courts Act is replaced by the following:
- federal board, commission or other tribunal
federal board, commission or other tribunal means any body, person or persons having, exercising or purporting to exercise jurisdiction or powers conferred by or under an Act of Parliament or by or under an order made under a prerogative of the Crown, other than the Tax Court of Canada or any of its judges or prothonotaries, any such body constituted or established by or under a law of a province or any such person or persons appointed under or in accordance with a law of a province or under section 96 of the Constitution Act, 1867; (office fédéral)
365 Subsection 5(1) of the Act is replaced by the following:
Marginal note:Constitution of Federal Court of Appeal
5 (1) The Federal Court of Appeal consists of a chief justice called the Chief Justice of the Federal Court of Appeal, who is the president of the Federal Court of Appeal, and 14 other judges.
366 (1) Section 12 of the Act is amended by adding the following after subsection (1):
Marginal note:Number of prothonotaries
(2) The Governor in Council may, by regulation, fix the number of prothonotaries that may be appointed under subsection (1).
Marginal note:Supernumerary prothonotaries
(2.1) For each office of prothonotary of the Federal Court, there is an additional office of supernumerary prothonotary that a prothonotary of the Federal Court may elect under the Judges Act to hold.
(2) Section 12 of the Act is amended by adding the following after subsection (4):
Marginal note:Workload — supernumerary prothonotaries
(5) The Governor in Council may, by regulation, fix the workload of a supernumerary prothonotary as a percentage of the workload of a prothonotary.
R.S., c. T-2Tax Court of Canada Act
367 Paragraph 4(1)(c) of the Tax Court of Canada Act is replaced by the following:
(c) not more than 23 other judges.
368 The Act is amended by adding the following after section 11:
Prothonotaries
Marginal note:Prothonotaries
11.1 (1) The Governor in Council may appoint as prothonotaries of the Court any fit and proper persons who are barristers or advocates in a province and who are, in the opinion of the Governor in Council, necessary for the efficient performance of the work of that court that, under the rules of the Court, is to be performed by them.
Marginal note:Number of prothonotaries
(2) The Governor in Council may, by regulation, fix the number of prothonotaries that may be appointed under subsection (1).
Marginal note:Supernumerary prothonotaries
(3) For each office of prothonotary there shall be the additional office of supernumerary prothonotary that a prothonotary of the Court may elect under the Judges Act to hold.
Marginal note:Powers and duties
(4) The powers, duties and functions of the prothonotaries shall be determined by the rules of the Court.
Marginal note:Salary, allowances and annuities
(5) Each prothonotary shall be paid a salary, and the allowances and annuities, provided for under the Judges Act.
Marginal note:Workload — supernumerary prothonotaries
(6) The Governor in Council may, by regulation, fix the workload of a supernumerary prothonotary as a percentage of the workload of a prothonotary.
Marginal note:Immunity from liability
(7) A prothonotary shall have the same immunity from liability as a judge of the Court.
Marginal note:Term of office
(8) A prothonotary shall hold office during good behaviour but may be removed by the Governor in Council for cause.
Marginal note:Cessation of office
(9) A prothonotary shall cease to hold office on becoming 75 years old.
369 Subsection 20(1.1) of the Act is amended by striking out “and” at the end of paragraph (k), by adding “and” at the end of paragraph (l) and by adding the following after paragraph (l):
(m) empowering a prothonotary to exercise any jurisdiction or powers, even though the jurisdiction or powers may be of a judicial nature.
370 Paragraph 22(1)(c) of the Act is replaced by the following:
(c) three judges and one prothonotary of the Court that are designated from time to time by the Chief Justice;
- Date modified: