Bill C-30: An Act to implement certain provisions of the budget tabled in Parliament on April 19, 2021 and other measures

Division 26 Background Documents (Overview, Key Messages, Clause by Clause)

Part 4 – division 26 – Overview

Judges Act

The Judges Act charges the Canadian Judicial Council with investigating complaints against federally appointed judges, and, in cases of serious misconduct, with making recommendations to the Minister of Justice on whether the judge should be removed from office. If removal is recommended, the Minister may put the question to a vote in both Houses of Parliament, in accordance with subsection 99(1) of the Constitution Act, 1867. If both Houses vote in favour of removal, the Governor General can remove the judge from office.

Recommendations for removal can be legally challenged, and judges currently continue to accrue pensionable service during such challenges, which may go as far as the Supreme Court of Canada. . This runs a risk of creating the perception that the judge launched the challenge with a view to benefiting financially by extending the time upon which their pension is calculated. This in turn risks undermining public confidence in Canada’s federally-appointed judiciary.

Division 26 of Part 4 amends the Judges Act to stop the accrual of a judge’s pensionable service on the day the Canadian Judicial Council recommends their removal to the Minister of Justice, before any legal challenge is launched. It also provides for pensionable service to resume accruing as if it had never been interrupted if the recommendation for removal is ultimately rejected by a court on judicial review, the Minister of Justice, or one or both of the Houses of Parliament. It also provides for a judge’s pension contributions to cease on the day their pensionable service stops accruing, and for the judge to make up the missing contributions if accrual resumes.

Any changes to judicial compensation must be considered by the Judicial Compensation and Benefits Commission. These changes were considered and endorsed by the Commission in a report dated October 28, 2019. To respect fairness concerns expressed by the Commission in its report, the amendments will not apply to any recommendations for removal made before they come into force.

Part 4 – Division 26 Key Messages

Judges Act

Issue

Why is an amendment being made to stop accrual of pensionable service for judges whose removal is recommended by the Canadian Judicial Council? Why is this amendment not applicable to recommendations for removal made before the amendment comes into force?

Talking points

Part 4 – Division 26 – Clause-by-Clause

Judges Act

Clause 253

This clause amends the Judges Act to stop accrual of pensionable service for a judge on the day their removal from office is recommended in a report to the Minister of Justice made by the Canadian Judicial Council pursuant to section 65 of the Judges Act. On that day, the judge’s contributions to their pension will also cease.

This clause also provides that accrual of pensionable service will resume as if it had never been interrupted if the recommendation for removal is rejected by a court on judicial review, the Minister of Justice, or one or both of the Houses of Parliament. If accrual of pensionable service resumes, the judge will be required to make the missing contributions.

Clause 254

This clause ensures that the amendment made by clause 253 applies prospectively only. It will not apply to recommendations for removal made before the day on which clause 253 receives Royal Assent.