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

Bill C-30 (Part 4, Divisions 26 and 27)

DIVISION 26

R.S., c. J-1

Judges Act

Amendment to the Act

253 The Judges Act is amended by adding the following after section 65:

Annuity Calculations

Application of section 42

65.1 (1) If the Council recommends that a judge be removed from office in a report submitted to the Minister under section 65, for the purposes of calculating the judge’s annuity under section 42,

(a) the period beginning on the day on which the Council submits the report and ending on the day on which the judge ceases to hold judicial office is not considered to be part of the judge’s time in judicial office; and

(b) the salary used to calculate the annuity is the salary annexed to their office on the day on which the report is submitted.

Suspension of contributions

(2) The judge shall cease to make the contributions required under section 50 as of the day on which the report is submitted.

Reimbursement and resumption

(3) If a recommendation for removal is rejected by the Minister, the Senate or the House of Commons or if, on judicial review, the recommendation is rejected by a court whose decision is final, subsection (1) does not apply for the purposes of calculating the annuity of the judge who was the subject of the recommendation and that judge shall

(a) contribute, as if subsection (2) had never applied, the amounts that would have been required under section 50 as of the day on which the Council submitted the report to the Minister; and

(b) resume contributing the amounts required under section 50 as of the day on which the recommendation was rejected.

Transitional Provision

Section 65.1 of Judges Act

254 Section 65.1 of the Judges Act does not apply to a judge whose removal from judicial office has been recommended by the Canadian Judicial Council before the day on which section 253 comes into force.

DIVISION 27

New Judicial Resources

R.S., c. F-7; 2002, c. 8, s. 14

Federal Courts Act

255 Subsection 5(1) of the Federal Courts Act is replaced by the following:

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 13 other judges.

R.S., c. J-1

Judges Act

256 Paragraph 12(d) of the Judges Act is replaced by the following:

(d) the 203 other judges of the Superior Court of Justice, $314,100 each.

257 Paragraph 17(d) of the Act is replaced by the following:

(d) the 83 other judges of the Supreme Court, $314,100 each.

258 Paragraph 19(d) of the Act is replaced by the following:

(d) the 31 other judges of the Court of Queen’s Bench, $314,100 each.

259 Paragraph 21(c) of the Act is replaced by the following:

(c) the Chief Justice and the Associate Chief Justice of the Trial Division, $344,400 each; and

R.S., c. T-2

Tax Court of Canada Act

260 (1) The portion of subsection 4(1) of the French version of the Tax Court of Canada Act before paragraph (a) is replaced by the following:

Composition

4 (1) La Cour se compose d’un juge en chef, d’un juge en chef adjoint et d’au plus vingt-deux autres juges respectivement désignés :

(2) Paragraph 4(1)(c) of the English version of the Act is replaced by the following:

(c) not more than 22 other judges.