J-1 Judges Act

Subject to subsection (2), sections 26 to 26.‍3, 34 and 39, paragraphs 40(1)‍(a) and (b), subsection 40(2), sections 41, 41.‍2 to 42, 43.‍1 to 56 and 57, paragraph 60(2)‍(b) and Part IV also apply to an associate judge.

Sections 41.2, 41.3, 42 and 43.1 to 52.22 do not apply to an associate judge who made an election under the Economic Action Plan 2014 Act, No. 2 to continue to be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

A judge of the Supreme Court of British Columbia who held the office of a judge of the County Courts of British Columbia on March 1, 1987 and on June 30, 1990 may retire at the age of seventy years.

A judge of the Superior Court of Justice in and for the Province of Ontario who held the office of a judge of the District Court of Ontario on March 1, 1987 and on August 31, 1990 may retire at the age of seventy years.

A judge of the Supreme Court of Nova Scotia who held the office of a judge of the County Court of Nova Scotia on March 1, 1987 and on the coming into force of this subsection may retire at the age of seventy years.

The yearly salaries of the judges of the Supreme Court of Yukon are as follows:

The yearly salaries of the judges of the Supreme Court of the Northwest Territories are as follows:

The yearly salaries of the judges of the Nunavut Court of Justice are as follows:

Notwithstanding sections 12 to 22 but subject to subsections (3) and (4), where the number of judges of a superior court in a province has been increased by or pursuant to an Act of the legislature of the province beyond the number of judges of that court whose salaries are provided for by sections 12 to 22, a salary is payable pursuant to this section to each additional judge, appointed to that court in accordance with that Act and in the manner provided by law, from the time that judge’s appointment becomes effective and in the same manner and subject to the same terms and conditions as if the salary were payable under sections 12 to 22.

The salary of a judge appointed in the circumstances described in subsection (1) is the salary annexed, pursuant to sections 12 to 22, to the office of judge to which the appointment is made.

Subject to subsection (4), the number of salaries that may be paid pursuant to this section at any one time shall not be greater than

For the purposes of assisting the establishment of unified family courts in the provinces, a further number of salaries not greater than 66 at any one time may be paid in the case of judges appointed to courts described in paragraph (3)(b)

A salary payable to a judge under this section is deemed, for all purposes of the provisions of this Act, other than this section, and of any other Act of Parliament, to be a salary payable under sections 12 to 22.

In this section, appeal court means, in relation to each of the Provinces of Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta and Newfoundland and Labrador, the Court of Appeal of the Province.

The yearly salaries referred to in sections 9 to 22 apply in respect of the twelve-month period beginning on April 1, 2020.

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

For the purposes of this section,

The Judicial Compensation and Benefits Commission is hereby established to inquire into the adequacy of the salaries and other amounts payable under this Act and into the adequacy of judges’ benefits generally.

In conducting its inquiry, the Commission shall consider

The Commission shall commence an inquiry on June 1, 2020, and on June 1 of every fourth year after 2020, and shall submit a report containing its recommendations to the Minister within nine months after the date of commencement.

The Commission may, with the consent of the Minister and the judiciary, postpone the date of commencement of a quadrennial inquiry.

In addition to its quadrennial inquiry, the Minister may at any time refer to the Commission for its inquiry a matter mentioned in subsection (1). The Commission shall submit to that Minister a report containing its recommendations within a period fixed by the Minister after consultation with the Commission.

The Governor in Council may, on the request of the Commission, extend the time for submission of a report under subsection (2) or (4).

The Minister shall table a copy of the report in each House of Parliament on any of the first ten days on which that House is sitting after the Minister receives the report.

A report that is tabled in each House of Parliament under subsection (6) shall, on the day it is tabled or, if the House is not sitting on that day, on the day that House next sits, be referred by that House to a committee of that House that is designated or established by that House for the purpose of considering matters relating to justice.

A committee referred to in subsection (6.1) may conduct inquiries or public hearings in respect of a report referred to it under that subsection, and if it does so, the committee shall, not later than ninety sitting days after the report is referred to it, report its findings to the House that designated or established the committee.

For the purpose of subsection (6.2), sitting day means a day on which the House of Commons or the Senate, as the case may be, sits.

The Minister shall respond to a report of the Commission within four months after receiving it. Following that response, if applicable, he or she shall, within a reasonable period, cause to be prepared and introduced a bill to implement the response.

The Judicial Compensation and Benefits Commission consists of three members appointed by the Governor in Council as follows:

Each member holds office during good behaviour, and may be removed for cause at any time by the Governor in Council.

The term of office for the initial members appointed to the Commission ends on August 31, 2003. The members subsequently appointed hold office for a term of four years.

Where the term of a member ends, other than in the case of removal for cause, the member may carry out and complete any duties of the members in respect of a matter that was referred to the Commission under subsection 26(4) while he or she was a member.

A member is eligible to be reappointed for one further term if re-nominated in accordance with subsection (1).

In the event of the absence or incapacity of a member, the Governor in Council may appoint as a substitute temporary member a person nominated in accordance with subsection (1) to hold office during the absence or incapacity.

If the office of a member becomes vacant during the term of the member, the Governor in Council shall appoint a person nominated in accordance with subsection (1) to hold office as a member for the remainder of the term.

A quorum of the Commission consists of all three members.

The members of the Commission and persons carrying out duties under subsection (4) shall be paid

The members of the Commission and persons carrying out duties under subsection (4) are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

The Commission may engage the services of any persons necessary for the proper conduct of the Commission.

No person engaged under subsection (1) shall, as a result, be considered to be employed in the federal public administration.

The Commission may identify those representatives of the judiciary participating in an inquiry of the Commission to whom costs shall be paid in accordance with this section.

A representative of the judiciary identified under subsection (1) who participates in an inquiry of the Commission is entitled to be paid, out of the Consolidated Revenue Fund, two thirds of the costs determined under subsection (3) in respect of his or her participation.

An assessment officer of the Federal Court, other than a judge or an associate judge, shall determine the amount of costs, on a solicitor-and-client basis, in accordance with the Federal Courts Rules.

This section applies to costs incurred in relation to participation in any inquiry of the Commission conducted after September 1, 1999.

The Commission may identify one representative of the associate judges of the Federal Court and one representative of the associate judges of the Tax Court of Canada participating in an inquiry of the Commission to whom costs shall be paid in accordance with this section.

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.

An assessment officer of the Federal Court, other than a judge or an associate judge, shall determine the amount of costs, on a solicitor-and-client basis, in accordance with the Federal Courts Rules.

This section applies to costs incurred as of April 1, 2015 in relation to participation in any inquiry of the Commission.

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.

On and after April 1, 2020, every associate judge 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 associate judge may require, to the extent that the associate judge has actually incurred the expenditures and is not entitled to be reimbursed for them under any other provision of this Act.

On and after April 1, 2004, there shall be paid to each judge of the Supreme Court of Newfoundland and Labrador resident in Labrador and each judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice who is in receipt of a salary under this Act, in addition to the allowance provided by subsection (1), a non-accountable yearly allowance of $12,000 as compensation for the higher cost of living in Labrador and in the territories.

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.

There shall be paid to every judge of the Federal Court of Appeal, the Federal Court and the Tax Court of Canada who is in receipt of a salary under this Act, in addition to the allowance provided by subsection (1), a non-accountable yearly allowance of $2,000 as compensation for special incidental expenditures inherent in the exercise of their office as judge.

Subsection (3) shall continue in force for so long as subsection 57(2) continues in force in relation to judges of superior courts in the provinces.

The additional allowances described in subsections (2) and (3) are deemed not to be travel or personal or living expense allowances expressly fixed by this Act.

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:

Where any justice or judge mentioned in subsection (6), other than a puisne judge of the Supreme Court of Canada, is unable to discharge the obligations and responsibilities referred to in that subsection or the office of that justice or judge is vacant, the judge who acts in the place of that justice or judge is entitled to be paid the representational allowance provided for that justice or judge.

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

If a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada notifies the Minister of his or her election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall hold the office of supernumerary judge of that Court 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 expiry of 10 years from the date of the election, whichever occurs earlier, and shall be paid the salary annexed to that office.

An election may be made under subsection (1) only by a judge

A judge 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 judge

The salary of each supernumerary judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada is the salary annexed to the office of a judge of that Court, other than the office of a Chief Justice or Associate Chief Justice.

If the legislature of a province has enacted legislation establishing for each office of judge of a superior court of the province the additional office of supernumerary judge of the court, and a judge of that court notifies the Minister and the attorney general of the province of the judge’s election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall hold the office of supernumerary judge 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 expiry of 10 years from the date of the election, whichever occurs earlier, and shall be paid the salary annexed to that office.

An election under subsection (1) may only be made by a judge

A judge 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 judge

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.

In this section, a reference to the attorney general of a province shall be construed in relation to Yukon, the Northwest Territories and Nunavut as a reference to the Commissioner of that territory.

If an associate judge notifies the Minister of his or her election to give up regular judicial duties and hold office only as a supernumerary associate judge, the associate judge shall hold the office of supernumerary associate judge 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.

An election may be made under subsection (1) only by an associate judge

An associate judge 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 associate judge by the chief justice or the associate chief justice of the court to which he or she is appointed.

The salary of each supernumerary associate judge is the salary annexed to the office of an associate judge.

For the purposes of subsection (1), if an associate judge gives notice to the Minister of the associate judge’s election to be effective on a future day specified in the notice, being a day on which the associate judge will be eligible to make the election, the associate judge is, effective on that day, deemed to have elected and given notice of the election on that day.

If the Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada has notified the Minister of his or her election to cease to perform the duties of that office and to perform only the duties of a judge, he or she shall then hold only the office of a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be, and shall be paid the salary annexed to the office of a judge of that Court, until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.

The Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada may make the election referred to in subsection (1) only if he or she has continued in the office for at least five years or has continued in the office and another office referred to in this subsection for a total of at least five years.

The Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada who has made the election referred to in subsection (1) shall perform all of the judicial duties normally performed by a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be.

The salary of the Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada 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 Federal Court of Appeal, a judge (other than the Chief Justice or the Associate Chief Justice) of the Federal Court or a judge (other than the Chief Justice or the Associate Chief Justice) of the Tax Court of Canada, as the case may be.

Where the legislature of a province has enacted legislation establishing for each office of chief justice of a superior court of the province such additional offices of judge of that court as are required for the purposes of this section, and a chief justice of that court has notified the Minister and the attorney general of the province of his or her election to cease to perform the duties of chief justice and to perform only the duties of a judge, the chief justice shall thereupon hold only the office of a judge, other than a chief justice, of that court and shall be paid the salary annexed to the office of a judge, other than a 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.

A chief justice of a superior court of a province may make the election referred to in subsection (1) only if the chief justice has continued in the office of chief justice, senior associate chief justice or associate chief justice of a superior court of the province or a division thereof, or in two or more such offices, for at least five years.

A chief justice of a superior court of a province 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 that court.

The salary of each chief justice of a superior court of a province who has made the election referred to in subsection (1) is the salary annexed to the office of a judge of that court, other than a chief justice.

In this section, chief justice or chief justice of a superior court of a province means a chief justice, senior associate chief justice or associate chief justice of such a court or, where the court is constituted with divisions, of a division thereof.

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 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.

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.

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.

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.

If a judge gives notice to the Minister and, if appropriate, to the attorney general of the province concerned of the judge’s election as provided in section 28, 29, 31, 31.1, 32 or 32.1 to be effective on a future day specified in the notice, being a day on which the judge will be eligible to so elect, the judge is, effective on that day, deemed to have elected and given notice of the election on that day under section 28, 29, 31, 31.1, 32 or 32.1, as the case may be.

In this section, a reference to the attorney general of a province shall be construed in relation to Yukon, the Northwest Territories and Nunavut as a reference to the Commissioner of that territory.

Subject to this section and sections 36 to 39, a judge of a superior court who, for the purposes of performing any function or duty in that capacity, attends at any place other than that at which or in the immediate vicinity of which the judge is by law obliged to reside is entitled to be paid, as a travel allowance, moving or transportation expenses and the reasonable travel and other expenses incurred by the judge in so attending.

No judge is entitled to be paid a travel allowance for attending at or in the immediate vicinity of the place where the judge resides.

No travel allowance shall be paid

Nothing in subsection (1) affects the right of a judge to be paid a travel allowance under subsection 34(1) if the judge resides at a place approved by the Governor in Council.

A removal allowance shall be paid to

Paragraphs (1)(c) and (d) apply only in respect of

Paragraphs (1)(e) and (f) apply only in respect of a judge who, at the time of appointment to the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be, resided outside the area within which the judge was required to reside by the Act establishing that Court.

A removal allowance referred to in subsection (1) shall be paid for moving and other expenses of such kinds as are prescribed by or under the authority of the Governor in Council and on such terms and conditions as are so prescribed.

Where a removal allowance is payable to a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada under paragraph (1)(a), an employment assistance allowance shall be paid to the judge’s spouse or common-law partner up to a maximum of $5,000 for expenses actually incurred by the spouse or common-law partner in pursuing employment in the judge’s new place of residence.

A judge of a superior court who attends a meeting, conference or seminar that is held for a purpose relating to the administration of justice and that the judge in the capacity of a judge is required by law to attend, or who, with the approval of the chief justice of that court, attends any such meeting, conference or seminar that the judge in that capacity is expressly authorized by law to attend, is entitled to be paid, as a conference allowance, reasonable travel and other expenses actually incurred by the judge in so attending.

Subject to subsection (3), a judge of a superior court who, with the approval of the chief justice of that court,

Where the aggregate amount of conference allowances that have been paid under subsection (2) in any year

For the purposes of this section,

A judge of the Supreme Court of Canada who has retired may, with the approval of the Chief Justice of Canada, continue to participate in judgments in which he or she participated before retiring, for a period not greater than six months after the date of the retirement.

A retired judge participating in judgments shall receive

Section 57 applies with respect to a judge to whom this section applies.

The Treasury Board shall establish, or enter into a contract to acquire, an insurance program for judges covering the following, on terms and conditions similar to those contained in the Public Service Management Insurance Plan and the public service management insurance directives that apply to executives:

The Treasury Board may

A contract entered into under this section is not subject to any regulation with respect to contracts made by the Treasury Board under the Financial Administration Act.

Participation in basic life insurance under paragraph (1)(a) is compulsory for all judges.

A judge who holds office on the day on which this section comes into force may, despite subsection (4), elect, at any time within ninety days after that day,

Subject to subsection (7), on the coming into force of this section, judges shall no longer be eligible for coverage under any other life insurance program established by the Treasury Board.

Those judges covered by supplementary life insurance on the coming into force of this section may have their coverage continued under the insurance program for judges, unless they have made an election under paragraph (5)(b).

Judges shall be eligible to participate in the Public Service Health Care Plan and the Public Service Dental Care Plan established by the Treasury Board, on the same terms and conditions as apply to employees in the executive group.

Judges who are in receipt of an annuity under this Act shall be eligible to participate in the Public Service Health Care Plan and the Pensioners’ Dental Services Plan established by the Treasury Board, on the same terms and conditions as apply to pensioners.

Subject to subsections (1) and (2), the Treasury Board may

Compensation, within the meaning of the Government Employees Compensation Act, shall be paid to the dependants of a judge whose death results from an accident arising out of or in the performance of judicial duties, on the same basis as that paid to dependants eligible for compensation under that Act.

Regulations made under section 9 of the Aeronautics Act apply with respect to a judge whose death results from an accident arising out of or in the performance of judicial duties.

Compensation shall be paid to the survivors of a judge whose death results from an act of violence unlawfully committed by another person or persons that occurs while the judge is performing judicial duties, on the same basis as that paid to the survivors of employees slain on duty within the meaning of the Public Service Income Benefit Plan for Survivors of Employees Slain on Duty, with any modifications that the circumstances require.

Subsections (1) to (3) apply to deaths that occur on or after April 1, 2000.

The Treasury Board may authorize the President or Secretary of the Treasury Board to exercise and perform, in such manner and subject to such terms and conditions as the Treasury Board directs, any of the powers and functions of the Treasury Board under sections 41.2 and 41.3 and may, from time to time as it sees fit, revise or rescind and reinstate the authority so granted.

The President or Secretary of the Treasury Board may, subject to and in accordance with the authorization, authorize one or more persons under his or her jurisdiction or any other person to exercise or perform any of those powers or functions.

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

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

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.

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.

In this section, judicial office means the office of a judge of a superior or county court or the office of an associate judge.

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.

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.

If the Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or 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 attainment of the age of retirement, to the office held by him or her immediately before his or her election.

If the Chief Justice of the Court Martial Appeal Court of Canada, in accordance with section 31.1, has elected to cease to perform his or her duties as such 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, 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 a total of at least five years.

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.

In subsections (2) to (2.2), chief justice or chief justice of a superior court of a province means a chief justice, senior associate chief justice or associate chief justice of that court, or, if that court is constituted with divisions, of a division of that court.

Subsections (1) and (2) are deemed to have come into force on April 1, 2012.

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.

The amount of the deferred annuity shall be two thirds of the amount of the salary annexed to the judge’s office at the time of the election multiplied by a fraction of which

If a judge exercises the option to receive an immediate annuity, the amount of that annuity is equal to the amount of the deferred annuity, reduced by the product obtained by multiplying

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.

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.

The definitions in this subsection apply in this section.

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

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

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.

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.

Subject to the regulations, a judge may elect to have the annuity to be paid to his or her survivor increased so that it is calculated as if the reference to “one half” in subsection 44(2) were read as a reference to “60%” or “75%”.

If a judge makes the election, the amount of the annuity granted or paid to the judge shall be reduced in accordance with the regulations as of the date the election takes effect, but the combined actuarial present value of the reduced annuity and the annuity that would be paid to the survivor must not be less than the combined actuarial present value of the annuity granted or paid to the judge and the annuity that would be paid to the survivor, immediately before the reduction is made.

Subject to subsection (6), an election under this section takes effect on the date that the judge ceases to hold office.

Despite anything in this section, when a judge dies within one year after the election takes effect, the annuity payable to the survivor remains that payable under subsection 44(2) and the amount representing the reduction that was made in the amount of the judge’s annuity under subsection (2) shall be repaid to the judge’s estate or succession, together with interest at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act.

The Governor in Council may make regulations respecting

A judge who is in receipt of an annuity on the day on which this section comes into force may make his or her election in accordance with the regulations, and the election takes effect on the day this section comes into force.

Despite anything in this section, no election may be made under this section for the benefit of a spouse or common-law partner of a judge unless that person was the spouse or common-law partner at the date the judge ceased to hold office.

Notwithstanding section 44, if there are two persons who are entitled to an annuity under that section, each survivor shall receive a share of the annuity prorated in accordance with subsection (2) for his or her life.

The prorated share of each survivor is equal to the product obtained by multiplying the annuity by a fraction of which the numerator is the number of years that the survivor cohabited with the judge, whether before or after his or her appointment as a judge, and the denominator is the total obtained by adding the number of years that each of the survivors so cohabited with the judge.

In determining a number of years for the purpose of subsection (2), a part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less.

A survivor is not entitled to receive an annuity under section 44 or this section if the survivor has waived his or her entitlement to the annuity under an agreement entered into in accordance with applicable provincial law.

Subject to the regulations, a judge to whom an annuity has been granted or paid may elect to reduce his or her annuity so that an annuity may be paid to a person who, at the time of the election, is the spouse or common-law partner of the judge but to whom an annuity under section 44 must not be paid.

If a judge makes the election, the amount of the annuity granted or paid to the judge shall be reduced in accordance with the regulations, but the combined actuarial present value of the reduced annuity and the annuity that would be paid to the spouse or common-law partner under subsection (3) must not be less than the actuarial present value of the annuity granted or paid to the judge immediately before the reduction is made.

When the judge dies, the spouse or common-law partner in respect of whom an election was made shall be paid an annuity in an amount determined in accordance with the election, subsection (2) and the regulations.

Despite anything in this section, when a judge dies within one year after making the election, the election is deemed not to have been made and the amount representing the reduction that was made in the amount of the judge’s annuity under subsection (2) shall be repaid to the judge’s estate or succession, together with interest at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act.

The Governor in Council may make regulations respecting

For the purposes of this section and sections 48 and 49, child means a child of a judge, including a child adopted legally or in fact, who

The Governor in Council may make regulations

If a judge of a superior or county court dies while holding office, or a judge who was granted or paid an annuity after October 5, 1971 dies, an annuity shall be paid to each surviving child of that judge as provided in subsections (4) and (5).

Each child of a judge described in subsection (3) shall be paid

The total amount of the annuities paid under subsection (4) shall not exceed four-fifths, in the case described in paragraph (4)(a), and eight-fifths, in the case described in paragraph (4)(b), of the annuity that is provided for a survivor under subsection 44(1) or (2).

If, in computing the annuities to be paid under subsection 47(3) to the children of a judge referred to in that subsection, it is determined that there are more than four children of the judge to whom an annuity shall be paid, the total amount of the annuities paid shall be apportioned among the children in the shares that the Minister considers just and proper under the circumstances.

If an annuity under this Act is paid to a child of a judge, payment shall, if the child is less than 18 years of age, be made to the person having the custody and control of the child or, if there is no person having the custody and control of the child, to any person that the Minister directs and, for the purposes of this subsection, the survivor of the judge, except if the child is living apart from the survivor, shall be presumed, in the absence of evidence to the contrary, to be the person having the custody and control of the child.

Every judge appointed before February 17, 1975 to hold office as a judge of a superior or county court shall, by reservation from the judge’s salary under this Act, contribute to the Consolidated Revenue Fund one and one-half per cent of that salary.

Every judge appointed after February 16, 1975 to whom subsection (1) does not apply, shall, by reservation from the judge’s salary under this Act, contribute

A supernumerary judge, a judge who continues in judicial office after having been in judicial office for at least 15 years and whose combined age and number of years in judicial office is not less than 80, a judge of the Supreme Court of Canada who has continued in judicial office on that Court for at least 10 years, or a judge referred to in section 41.1 is not required to contribute under subsections (1) and (2) but is required to contribute, by reservation from salary, to the Supplementary Retirement Benefits Account at a rate of one per cent of his or her salary.

Interest is payable on all contributions refunded as a result of the application of subsection (2.1) at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act.

For the purposes of the Income Tax Act, the amounts contributed by a judge pursuant to subsection (1), (2) or (2.1) are deemed to be contributed to or under a registered pension plan.

Where any amount is paid into the Supplementary Retirement Benefits Account pursuant to paragraph (2)(b), an amount equal to the amount so paid shall be credited to that Account.

In this section, judicial office includes the office of an associate judge.

If a judge has ceased to hold office otherwise than by reason of death and, at the time he or she ceased to hold office, no annuity under this Act was granted or could be paid to that judge, there shall be paid to the judge, in respect of his or her having ceased to hold that office, an amount equal to the total contributions made by him or her under subsection 50(1) or paragraph 50(2)(a), together with interest, if any, calculated in accordance with subsection (4).

If a judge to whom subsection 50(1) applies has ceased to hold office otherwise than by reason of death and that judge is granted or paid an annuity under this Act, there shall be paid to the judge in respect of his or her having ceased to hold that office an amount equal to the total contributions made by the judge under subsection 50(1), together with interest, if any, calculated in accordance with subsection (4), if,

Where, on or at any time after the death of a judge who died while holding office, or the death of a judge who died after ceasing to hold office but to whom no amount has been paid under subsection (1) or (2), there is no person or there is no longer any person to whom an annuity under this Act may be paid in respect of the judge, any amount by which

Where an amount becomes payable under subsection (1), (2) or (3) in respect of contributions made by a judge under subsection 50(1) or paragraph 50(2)(a), the Minister shall

If a court in Canada of competent jurisdiction has made an order requiring a recipient of an annuity or other amount payable under section 42, 43, 43.1, 44, 44.1 or 44.2 or subsection 51(1) to pay financial support, amounts so payable to the recipient are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

For the purposes of this Part, any payment made pursuant to subsection (1) shall be deemed to have been made to the former judge in respect of whom the payment was made.

A judge or a spouse, former spouse or former common-law partner of a judge may, in the circumstances described in subsection (2), apply in accordance with the regulations for the division of the judge’s annuity benefits between the judge and the spouse, former spouse or former common-law partner.

An application may be made under the following circumstances:

The Minister shall send to each interested party in accordance with the regulations a notice of the receipt of an application.

An interested party who objects to the division of annuity benefits on any of the grounds described in subsection (2) may submit a notice of objection in writing in accordance with the regulations within 90 days after the day on which notice of the receipt of the application is sent to the interested party under subsection 52.11(3).

The grounds for objection are as follows:

An interested party who submits a notice of objection shall include with that notice documentary evidence to establish the grounds for objection.

Subject to subsections (2) and (3), the Minister shall, as soon as is practicable after the Minister is satisfied that an application meets the requirements of this Act, approve the division of annuity benefits in respect of which the application is made.

When an interested party submits a notice of objection in accordance with section 52.12, the Minister shall

The Minister shall refuse to approve the division of annuity benefits if

Notwithstanding subsection (3), the Minister may approve the division of annuity benefits on the basis of an order of a court issued pursuant to any proceedings referred to in paragraph 52.12(2)(c).

The Minister may approve the division of the annuity benefits even though the court order or agreement on which the application is based was made or entered into before the day on which subsection 52.11(1) comes into force.

Subject to subsections (3) and (3.1), where the Minister approves the division of the annuity benefits of a judge, the spouse, former spouse or former common-law partner shall be accorded a share of the annuity benefits consisting of

The proportion of the value of an annuity referred to in paragraph (1)(a) is

Subject to subsections (3.1) and (4), if the Minister approves the division of the annuity benefits of a judge who was not eligible to be paid an annuity at the end of the period subject to division, the spouse, former spouse or former common-law partner shall be accorded a share of the annuity benefits consisting of

Subject to subsection (4), if the Minister approves the division of the annuity benefits of a judge who had been granted an annuity by reason of an infirmity but was not otherwise eligible to be paid an annuity at the end of the period subject to division, the spouse, former spouse or former common-law partner shall be accorded a share of the annuity benefits consisting of

A judge’s spouse, former spouse or former common-law partner who is entitled to be accorded a share of the judge’s annuity benefits under subsection (3) or (3.1) may elect in the manner prescribed by the regulations, in lieu of receiving that share, to receive — at the time the judge becomes eligible to be granted or paid an annuity, or at the time the judge would have become eligible to be paid an annuity had the judge not resigned or been removed from office by reason of an infirmity — a share of the annuity benefits for which the judge is or would have been eligible, determined as provided in subsection (1).

If an election has been made under subsection (4) and, before becoming eligible to be paid an annuity, the judge dies, resigns, is removed from office or otherwise ceases to hold office, the spouse, former spouse or former common-law partner shall instead be paid immediately the portion of the judge’s contributions to which the spouse was otherwise entitled under subsection (3) or (3.1).

For the purposes of this section and sections 52.15 and 52.16,

A share of annuity benefits that cannot be accorded under subsection (1) by reason only of the death of the spouse, former spouse or former common-law partner shall be paid to that person’s estate or succession.

Where the Minister approves the division of a judge’s annuity benefits, the annuity benefits payable to the judge under this Act shall be adjusted in accordance with the regulations.

The Minister shall send a notice of the division of annuity benefits in the prescribed manner to each interested party.

The spouse’s, former spouse’s or former common-law partner’s share of a judge’s annuity benefits shall be accorded by

For the purpose of paragraph (1)(a), the specified portion of a spouse’s, former spouse’s or former common-law partner’s share of a judge’s annuity benefits is

For the purposes of the Income Tax Act, an amount transferred to a retirement savings plan in accordance with paragraph (1)(a) is deemed to be an amount transferred from a registered pension plan in accordance with subsection 147.3(5) of that Act.

Amounts that a spouse, former spouse or former common-law partner is or may become entitled to under section 52.14 are not capable of being assigned, charged, anticipated or given as security, and any transaction that purports to assign, charge, anticipate or give as security any such amount is void.

Amounts that a spouse, former spouse or former common-law partner is or may become entitled to under section 52.14 are exempt from attachment, seizure and execution, either at law or in equity.

The salaries, allowances and annuities payable under Parts I to III and the amounts payable under sections 46.1, 51 and 52.15 shall be paid out of the Consolidated Revenue Fund.

For any period less than a year, the salaries and annuities payable shall be paid pro rata.

The salaries and annuities payable shall be paid by monthly instalments.

The first payment of salary of any judge shall be made pro rata on the first day of the month that occurs next after the appointment of the judge.

If a judge resigns the office of judge or dies, the judge or his or her legal representatives are entitled to receive such proportionate part of the judge’s salary as has accrued during the time that the judge executed the office since the last payment.

No judge of a superior court shall be granted leave of absence from his or her judicial duties for a period

Whenever a leave of absence is granted under paragraph (1)(a), the chief justice of the superior court shall, without delay, notify the Minister and, in the case of provincial or territorial courts, the minister of justice or the attorney general of the province or territory.

Whenever a leave of absence is granted under paragraph (1)(b), the Minister shall, without delay, notify the chief justice of the superior court and, in the case of provincial or territorial courts, the minister of justice or the attorney general of the province or territory.

If it appears to the chief justice of a superior court that a judge of the court is absent from the judge’s judicial duties without the approval required by subsection (1), the chief justice shall report the absence to the Minister.

Whenever a judge of a superior court is absent from the judge’s judicial duties for a period of more than 30 days, the judge shall report the absence and the reasons for it to the Minister.

No judge shall act as commissioner, arbitrator, adjudicator, referee, conciliator or mediator on any commission or on any inquiry or other proceeding unless

Subsection (1) does not apply to judges acting as arbitrators or assessors of compensation or damages under any public Act, whether of general or local application, of Canada or of a province, whereby a judge is required or authorized without authority from the Governor in Council or lieutenant governor in council to assess or ascertain compensation or damages.

Notwithstanding section 55, Madam Justice Louise Arbour of the Ontario Court of Appeal is authorized to take a leave from her judicial duties to serve as Prosecutor of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia and of the International Tribunal for Rwanda.

Madam Justice Louise Arbour may receive moving or transportation expenses and reasonable travel and other expenses, in connection with her service as Prosecutor, from the United Nations.

Madam Justice Louise Arbour may elect to take a leave of absence without pay for the purpose described in subsection (1), in which case she is not entitled to receive any salary or allowances under this Act for the duration of the leave, but may receive remuneration from the United Nations for her service as Prosecutor.

If Madam Justice Louise Arbour elects to take a leave of absence without pay under subsection (3), she shall not continue the contributions required by section 50 for the duration of the leave and that section does not apply to her for the duration of the leave, which duration shall not be counted as time during which she held judicial office for the purposes of sections 28, 29 and 42.

For the purposes of subsections 44(1) and (2), section 46.1 and subsection 47(3), if Madam Justice Louise Arbour dies while on a leave of absence without pay, she is deemed to be in receipt at the time of death of the salary that she would have been receiving if she had not been absent on leave without pay.

Except as provided in subsection (3), no judge shall accept any salary, fee, remuneration or other emolument or any expenses or allowances for acting in any capacity described in subsection 56(1) or as administrator or deputy of the Governor General or for performing any duty or service, whether judicial or executive, that the judge may be required to perform for or on behalf of the Government of Canada or the government of a province.

The right of a judge to receive remuneration under any Act of the legislature of a province, other than for acting in any capacity described in subsection 56(1), is not affected by subsection (1), but no judge is entitled to receive remuneration under any such Act or Acts in an aggregate amount exceeding $3,000 per annum.

In the cases described in subsection (1), a judge may receive his or her moving or transportation expenses and the reasonable travel and other expenses incurred by him or her away from his or her ordinary place of residence while acting in any such capacity or in the performance of any such duty or service, in the same amount and under the same conditions as if the judge were performing a function or duty as such judge, if those expenses are paid in respect of any matter within the legislative authority of Parliament, by the Government of Canada, and in respect of any matter within the legislative authority of the legislature of a province, by the government of the province.

There is hereby established a Council, to be known as the Canadian Judicial Council, consisting of

Each member of the Council may appoint a judge of that member’s court to be a substitute member of the Council and the substitute member shall act as a member of the Council during any period in which he or she is appointed to act, but the Chief Justice of Canada may, in lieu of appointing a member of the Supreme Court of Canada, appoint any former member of that Court to be a substitute member of the Council.

The objects of the Council are to promote efficiency and uniformity, and to improve the quality of judicial service, in superior courts.

In furtherance of its objects, the Council may

The Council should ensure that seminars on matters related to sexual assault law established under paragraph (2)(b)

The Council shall meet at least once a year.

Subject to this Act, the work of the Council shall be carried on in such manner as the Council may direct.

The Council may make by-laws

Within 60 days after the end of each calendar year, the Council should submit to the Minister a report on the seminars referred to in paragraph 60(2)(b) on matters related to sexual assault law, intimate partner violence, coercive control in intimate partner and family relationships and social context, which includes systemic racism and systemic discrimination, that were offered in the preceding calendar year. The report should include the following information:

The Minister shall cause a copy of any report received to be tabled in each House of Parliament on any of the first 10 days on which that House is sitting after the Minister receives the report.

It shall be the duty and function of the Commissioner, under the Minister, to

It is hereby declared for greater certainty that such of the duties and functions of the Minister as are, by paragraphs (1)(a) to (d), subject to be performed by the Commissioner do not form part of the duties and functions assigned to the Minister by the Department of Justice Act.

The duties and functions described in paragraphs 74(1)(a) to (c) shall, in relation to the Supreme Court of Canada and the judges thereof, be carried out by the Registrar of the Court, who may, for that purpose, utilize the services of other persons on the staff of the Court.

The Registrar of the Supreme Court of Canada shall, for the purposes of the Public Service Employment Act and other Acts of Parliament and for purposes relating to the duties and functions of the Registrar under this section, be deemed to be the deputy head of the portion of the federal public administration appointed under subsection 12(2) of the Supreme Court Act.

The Council shall establish a roster of superior court judges who may be designated as members of a panel established under this Division. The judges on the roster must not be members of the Council.

The number of judges on the roster is set at the discretion of the Council.

The naming of a judge to the roster must be made on the recommendation of the Canadian Superior Courts Judges Association.

A judge named to the roster remains on it for four years unless they cease to hold judicial office or request to be removed from the roster. When the four-year term ends, the judge may be renamed to the roster on the recommendation of the Canadian Superior Courts Judges Association.

The Council shall establish a roster of lay persons who may be designated as members of a review panel or full hearing panel established under this Division.

The number of persons on the roster is set at the discretion of the Council.

To be named to the roster, a person must

The Council shall make public the selection criteria that it has established for the purpose of paragraph (3)(c).

A person named to the roster of lay persons remains on it for four years unless they request to be removed from the roster or, in the opinion of the Council, they cease to meet the conditions set out in subsection (3). When the four-year term ends, the person may be renamed to the roster.

Complaints may be made to the Council, in the form specified by the Council, in respect of a judge of a superior court for any reason referred to in paragraphs 80(a) to (d).

The Council may make a complaint only if two of its members have reasonable grounds to believe that the public’s confidence in the impartiality, integrity or independence of the judge or of the judicial office of the judge could be undermined for any reason referred to in paragraphs 80(a) to (d).

A complaint may be made anonymously, but such a complaint may be dealt with only if two members of the Council have reasonable grounds to believe that the public’s confidence in the impartiality, integrity or independence of the judge or of the judicial office of the judge could be undermined for any reason referred to in paragraphs 80(a) to (d).

Subject to subsection (2), a screening officer may dismiss a complaint if they are of the opinion that it

The Council shall make public the screening criteria that it has established for the purpose of paragraph (1)(c).

A screening officer shall not dismiss a complaint that alleges sexual misconduct or sexual harassment or that alleges discrimination on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act.

The reviewing member shall dismiss the complaint if they are of the opinion that it should be dismissed for any reason set out in paragraphs 90(1)(a) to (c) or that it is wholly without merit.

If the reviewing member dismisses the complaint, they shall inform the complainant in writing of their decision and the reasons for it.

The reasons shall not include information that is confidential or personal, or that is not in the public interest to disclose.

Subject to subsection (2), on receipt of a complaint referred to it under section 95, the Council shall establish a review panel consisting of the following persons designated by the Council to review the complaint:

If a complaint is referred to the Council under section 95 and a review panel established to review a previous complaint involving the same judge has not yet made a decision in respect of that complaint, the Council may direct the review panel to also review the new complaint.

The review panel shall give notice of its decision and the reasons for it to

If the review panel dismisses the complaint, it shall inform the complainant in writing of its decision and the reasons for it.

The reasons shall not include information that is confidential or personal, or that is not in the public interest to disclose.

When it establishes a reduced hearing panel or a full hearing panel, the Council shall designate one of its members to designate a lawyer of at least 10 years’ standing at the bar of any province to act as presenting counsel in respect of the hearing panel.

The member of the Council who designates the presenting counsel shall not be designated as any of the following:

The presenting counsel may at any time be replaced by another presenting counsel designated in accordance with subsection (1).

The presenting council shall take instructions from the Council member who designated them.

In the event of the absence or incapacity of the Council member who designated the presenting counsel, the Council may designate another Council member to give instructions to the presenting counsel.

Subject to subsection (2), on receipt of a request made under section 104, the Council shall establish a reduced hearing panel consisting of the following persons designated by it to review the complaint to which the request relates:

If a request is made under section 104 by a judge who has previously made a request under that section and the reduced hearing panel established in respect of the previous request has not yet made a decision in respect of the complaint to which the previous request relates, the Council may direct the reduced hearing panel to also review the new complaint.

Subject to subsection (3), on receipt of a referral of a complaint made under section 101 or 112, the Council shall establish a full hearing panel consisting of the following persons to review the complaint:

The lawyer referred to in paragraph (1)(d) is to be designated by the Minister. However, if the full hearing panel is being established as the result of a request by the Minister under section 148 or the Minister does not designate a lawyer within 30 days after the day on which the Minister receives written notice from the Council that a full hearing panel is to be established, the lawyer is to be designated by the Council.

If a complaint is referred to the Council under section 101 or 112, and a full hearing panel established to review a previous complaint or to consider a request made under section 148 involving the same judge has not yet made a decision in respect of the previous complaint or the request, the Council may direct the full hearing panel to also review the new complaint.

For the purposes of calculating an annuity under Part I, if a full hearing panel decides that the removal from office of a judge who is the subject of a complaint is justified, the day after the day on which the judge is given notice of the full hearing panel’s decision is the day to be used to determine the number of years the judge has been in judicial office and 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 unless

No reservations are to be made under section 50 from the judge’s salary in respect of the period that begins on the day after the day on which the judge is given notice of the full hearing panel’s decision, unless one of paragraphs (1)(a) to (c) applies, in which case the judge shall contribute an amount equal to the amount that would have been reserved from the judge’s salary had subsection (1) not applied.

For greater certainty, nothing in subsection (1) is to be construed as removing from the judge any entitlement to a salary increase that takes effect on or after the day on which the judge is given notice of the full hearing panel’s decision.

A hearing panel’s hearings are to be public, but it may hold all or any part of its hearings in private if it considers doing so to be in the public interest.

A hearing panel may prohibit the publication of any information or documents placed before it, if it is of the opinion that such a publication is not in the public interest.

The appeal panel’s hearings are to be public, but it may conduct all or any part of its hearings in private if it considers doing so to be in the public interest.

The appeal panel may prohibit the publication of any information or documents placed before it if it is of the opinion that such a publication is not in the public interest.

If a full hearing panel is established in respect of a complaint, the full hearing panel shall, as soon as feasible after the earliest of the following, provide to the Minister a report setting out a recommendation, consistent with the final decision in respect of the complaint, as to whether or not the judge who is the subject of the complaint should be removed from office:

The report must also set out the full hearing panel’s decision and any decision of the appeal panel and the Supreme Court of Canada, as well as the reasons, if any, for those decisions.

The full hearing panel shall as soon as feasible give a copy of the report to the judge, the presenting counsel and the Council.

The Council shall make public as much of the report as it considers appropriate taking into account the extent to which the decisions and reasons set out in the report were made public.

In the event of the absence or incapacity of all three judges of the full hearing panel, the Council shall designate one of its members to assist the other members of the full hearing panel in preparing the report or, if the others are also absent or incapacitated, to provide the report.

The Minister shall respond publicly to the report.

For the purpose of responding publicly, the Minister may seek information from the full hearing panel on any matter that the Minister considers necessary.

The full hearing panel shall provide the judge who is the subject of the report and the presenting counsel with any information that it provides to the Minister.

In the event of the absence or incapacity of all three judges of the full hearing panel, the Council shall designate one of its members to assist the other members of the full hearing panel in providing the information to the Minister or, if the others are also absent or incapacitated, to provide the information.

A member of the Council and a judge named in the roster of judges is not eligible to be designated

A member of the Council who is referred to in subsection 86(2) or (3) whose belief led to the Council making a complaint in respect of a judge or to an anonymous complaint being dealt with is not eligible to be designated, in their capacity as a member of the Council or in any other capacity, as a reviewing member under section 92 or as a member of any panel established under this Division, in respect of the complaint.

Subject to the regulations, the Commissioner shall make guidelines respecting the fees, allowances and expenses to be paid or reimbursed under section 146.

The guidelines may incorporate by reference any policy, guideline or directive of the Treasury Board or any federal department regarding fees, allowances or expenses, as it is amended from time to time.

If an amount provided for in the guidelines made under subsection (1) differs from the amount provided for in Treasury Board directives regarding fees, allowances and expenses, the Commissioner shall make the reasons for the difference available to the public unless the difference is attributable solely to compliance with the regulations.

Subject to the regulations made under section 144 and the guidelines made under subsection 145(1), there shall be paid out of the Consolidated Revenue Fund all amounts payable in respect of the following:

Fees and expenses of lawyers representing judges may be paid only in respect of proceedings under this Division or Division 2 or in respect of appeals to the Supreme Court of Canada relating to those proceedings. For greater certainty, no payments to lawyers representing judges are to be made in respect of any judicial review of any decision made under this Division or Division 2.

Within 18 months after the day on which the first report is submitted under section 160 and on every fifth anniversary of that day, the Council shall cause an independent review of the application of sections 144 to 146 to be conducted. The review is to be conducted by a person or body designated by the Commissioner in consultation with the Council.

The person or body conducting the review shall provide a report of their findings and recommendations to the Minister, the chairperson of the Council and the Commissioner. The report shall include a finding on whether sections 144 to 146 have been applied in a manner consistent with best practices regarding financial controls.

The Council shall make the report public with any redactions that the Commissioner and chairperson of the Council jointly consider necessary to protect confidential or personal information.

Subject to subsection (2), on receipt of the request, the Council shall establish a full hearing panel in accordance with section 117 to consider the request.

If a full hearing panel established to consider a previous request made under section 148 or to review a complaint made under section 101 or 112 involving the same judge has not yet made a decision in respect of the previous request or the complaint, the Council may direct the full hearing panel to also consider the new request.

On receipt of a report provided under subsection 139(1) containing a recommendation that a person be removed from office, the Governor in Council, may, on the recommendation of the Minister, by order, remove the person from office if the person is a person who may be removed from office by the Governor in Council other than on address of the Senate or House of Commons or joint address of the Senate and House of Commons.

If an order is made under subsection (1), a copy of the order and a copy of the report relating to the order must be laid before each House of Parliament within 15 days after the day on which the order is made or, if either House is not then sitting, on any of the first 15 days on which that House is sitting.

The Council shall, within three months after the end of each calendar year, submit a report to the Minister setting out, in respect of the year, the number of

After the annual report is submitted to the Minister, the Council shall make it public.