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

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• (3) Subsection 29(6) of the Act is repealed.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