Budget Implementation Act, 2017, No. 2 (S.C. 2017, c. 33)

222 Section 26 of the Act is repealed.

Consequential Amendments

R.S., c. F-11Financial Administration Act

223 Section 89.3 of the Financial Administration Act and the heading before it are replaced by the following:

1996, c. 16Department of Public Works and Government Services Act

• 224 (1) Paragraph 22.1(3)(b) of the Department of Public Works and Government Services Act is replaced by the following:

  • (b) review any complaint respecting the compliance with any regulations made under the Financial Administration Act of the award of a contract for the acquisition of materiel or services by a department to which the Agreement, as defined in section 2 of the Canadian Free Trade Agreement Implementation Act, would apply if the value of the contract were not less than the amount referred to in Article 504 of that Agreement.

• (2) Paragraph 22.1(3)(c) of the French version of the Act is replaced by the following:

  • c) examiner toute plainte relative à la gestion de tout marché en vue de l’acquisition de matériel ou de services par un ministère;

225 Subsection 22.2(1) of the Act is replaced by the following:

SOR/2008-143Procurement Ombudsman Regulations

226 Paragraph 9(1)(a) of the Procurement Ombudsman Regulations is replaced by the following:

Repeals

Marginal note:Repeal

227 The Timber Marking Act, chapter T-11 of the Revised Statutes of Canada, 1985, is repealed.

Marginal note:Repeal

228 The Agreement on Internal Trade Implementation Act, chapter 17 of the Statutes of Canada, 1996, is repealed.

Coming into Force

Marginal note:July 1, 2017

229 This Division is deemed to have come into force on July 1, 2017.

DIVISION 11R.S., c. J-1Judges Act

Amendments to the Act

230 The definition judge in section 2 of the Judges Act is replaced by the following:

231 Paragraph 20(c) of the Act is replaced by the following:

• 232 (1) Paragraph 22(1)(a) of the Act is replaced by the following:

  • (a) the Chief Justice, $344,400; and

• (2) Paragraph 22(2)(a) of the Act is replaced by the following:

  • (a) the Chief Justice, $344,400; and

• (3) Paragraph 22(2.1)(a) of the Act is replaced by the following:

  • (a) the Chief Justice, $344,400; and

• (4) Subsection 22(3) of the Act is repealed.

• 233 (1) Paragraph 27(6)(e) of the Act is replaced by the following:

  • (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, $10,000 each;

• (2) Subsection 27(9) of the Act is replaced by the following:

  • Marginal note:Definition of chief justice

    (9) In this section, except in paragraphs (6)(a) and (c), chief justice includes a senior associate chief justice and an associate chief justice.

• 234 (1) Paragraph 29(3)(b) of the Act is replaced by the following:

  • (b) in the case of a supernumerary judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, by the Chief Justice of that Court.

• (2) 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 or associate chief justice.

• (3) Subsection 29(6) of the Act is repealed.

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

• 236 (1) Subsections 32.1(1) to (3) of the Act are replaced by the following:

  Marginal note:Chief Justice

  • 32.1 (1) If the Chief Justice of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or 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 chief justice and to perform only the duties of a judge, he or she shall then hold only the office of a judge, other than the chief justice, of that court and shall be paid the salary annexed to the office of a judge, other than the chief justice, 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) A chief justice may make the election referred to in subsection (1) only if he or she has continued in that office for at least five years.

  • Marginal note:Duties

    (3) A chief justice 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 chief justice, of the applicable court.

• (2) Subsection 32.1(4) of the English version of the Act is replaced by the following:

  • Marginal note:Salary

    (4) The salary of a chief justice 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 applicable court.

237 The heading before section 42 of the English version of the Act is replaced by the following:

• 238 (1) Subsection 42(1) of the Act is replaced by the following:

  Marginal note:Payment of annuities

  • 42 (1) A judge shall be paid an annuity equal to two thirds of the salary annexed to the office held by the judge at the time of his or her resignation, removal or attaining the age of retirement, as the case may be, if the judge

    • (a) has continued in judicial office for at least 15 years, has a combined age and number of years in judicial office that is not less than 80 and resigns from office;

    • (b) has attained the age of retirement and has held judicial office for at least 10 years; or

    • (c) has continued in judicial office on the Supreme Court of Canada for at least 10 years and resigns from office.

  • Marginal note:Grant of annuities

    (1.1) The Governor in Council shall grant to a judge an annuity equal to two thirds of the salary annexed to the office held by the judge at the time of his or her resignation, removal or attaining the age of retirement, as the case may be, if the judge

    • (a) has continued in judicial office for at least 15 years and resigns his or her office, if in the opinion of the Governor in Council the resignation is conducive to the better administration of justice or is in the national interest; or

    • (b) has become afflicted with a permanent infirmity disabling him or her from the due execution of the office of judge and resigns his or her office or by reason of that infirmity is removed from office.

• (2) Subsections 42(2) and (3) of the English version of the Act are replaced by the following:

  • Marginal note:Prorated annuity

    (2) If a judge who has attained the age of retirement has held judicial office for less than 10 years, an annuity shall be paid to that judge that bears the same ratio to the annuity described in subsection (1) as the number of years the judge has held judicial office, to the nearest one tenth of a year, bears to 10 years.

  • Marginal note:Duration of annuities

    (3) An annuity granted or paid to a judge under this section shall commence on the day of his or her resignation, removal or attaining the age of retirement and shall continue during the life of the judge.

• 239 (1) Subsection 43(1) of the Act is replaced by the following:

  Marginal note:Annuity payable to supernumerary judge

  • 43 (1) If a supernumerary judge, before becoming one, held the office of chief justice, senior associate chief justice or associate chief 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 of chief justice, senior associate chief justice or associate chief justice previously held by him or her.

• (2) Subsection 43(1.1) of the English version of the Act is replaced by the following:

  • Marginal note:Annuity for former supernumerary judge

    (1.1) If a supernumerary judge to whom subsection (1) applies is appointed to a different court to perform only the duties of a judge, 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 of chief justice, senior associate chief justice or associate chief justice previously held by him or her.

• (3) 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 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 the Chief Justice 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 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 held by him or her immediately before his or her election.

• (4) Subsection 43(2.2) of the Act is replaced by the following:

  • Marginal note:Annuity payable to chief justice

    (2.2) If a chief justice is appointed to a different court 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 of chief justice, if he or she had continued in that office for at least five years or had continued in that office and any other office of chief justice for at least five years.

• 240 (1) Subsection 43.1(1) of the Act is replaced by the following:

  Marginal note:55 years of age and 10 years in office

  • 43.1 (1) A judge who has attained the age of 55 years, has continued in judicial office for at least 10 years and elects early retirement shall be paid an immediate annuity or a deferred annuity, at the option of the judge, calculated in accordance with this section.

• (2) Paragraph 43.1(2)(b) of the Act is replaced by the following:

  • Marginal note: 

    (b) the denominator is the number of years, to the nearest one tenth of a year, during which the judge would have been required to continue in judicial office in order to be eligible to be paid an annuity under paragraph 42(1)(a) or (b).

• (3) Subsections 43.1(4) and (5) of the Act are replaced by the following:

  • Marginal note:Second exercise of option

    (4) A judge whose option was to receive a deferred annuity may, between the date of that option and the date on which the deferred annuity would be payable, opt for an immediate annuity. An immediate annuity shall be paid to the judge from the date of the second option.

  • Marginal note:Survivor’s annuity

    (5) On the death of a judge who has been paid an immediate annuity or a deferred annuity under subsection (1) or (4), the annuity paid to a survivor under subsection 44(2) shall be determined as if the judge were in receipt of a deferred annuity.

241 The heading before section 44 of the English version of the Act is replaced by the following:

• 242 (1) The portion of subsection 44(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Annuity for surviving spouse

  • 44 (1) Subject to this section, if a judge of a superior court while holding office died or dies after July 10, 1955, the survivor of the judge shall be paid, commencing on July 18, 1983 or immediately after the death of the judge, whichever is later, and continuing during the life of the survivor, an annuity equal to one third of

• (2) The portion of subsection 44(1) of the English version of the Act after paragraph (b) is repealed.

• (3) The portion of subsection 44(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Judge receiving annuity

    (2) Subject to this section, if a judge who, before, on or after July 11, 1955, was granted or paid a pension or annuity under this Act or any other Act of Parliament providing for pensions or annuities to be granted or paid to judges, died or dies after July 10, 1955, the survivor of the judge shall be paid

• (4) Paragraph 44(2)(a) of the English version of the Act is replaced by the following:

  • (a) an annuity equal to one half of the pension or annuity granted or paid to the judge, commencing on July 18, 1983 or immediately after the death of the judge, whichever is later, and continuing during the life of the survivor; or

• (5) Paragraph 44(2)(b) of the Act is replaced by the following:

  • (b) if a division of the judge’s annuity benefits has been made under section 52.14, an annuity equal to one half of the annuity that would have been granted or paid to the judge had the annuity benefits not been divided, commencing immediately after the death of the judge and continuing during the life of the survivor.

• (6) Subsections 44(3) and (4) of the English version of the Act are replaced by the following:

  • Marginal note:Prothonotaries

    (3) No annuity shall be paid 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.

  • Marginal note:Limitation on annuity for survivor

    (4) No annuity shall be paid under this section to the survivor of a judge if the survivor became the spouse or began to cohabit with the judge in a conjugal relationship after the judge ceased to hold office.