GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Judges Act — J-1 137
Notice of application for leave to appeal 137 The judge who is the subject of a decision of an appeal panel and the presenting counsel may respectively, within 30 days after the day on which the appeal panel sends them a notice of its decision, file a notice of application for leave to appeal to the Supreme Court of Canada. 2023, c. 18, s. 12
Judges Act — J-1 138
Right of attorneys general 138 If leave to appeal is granted by the Supreme Court of Canada, the Attorney General of Canada and the attorney general of a province may intervene in the appeal. 2023, c. 18, s. 12
Judges Act — J-1 139
Report with recommendation 139 (1) 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: (a) the judge and the presenting counsel have both waived their rights under section 123 or 137 , (b) the time limit for exercising those rights has expired, and (c) the Supreme Court of Canada has not granted leave to appeal or, if it has, it has made a decision in respect of the appeal panel’s decision. Decisions and reasons (2) 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. Copy of report (3) The full hearing panel shall as soon as feasible give a copy of the report to the judge, the presenting counsel and the Council. Report made public (4) 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. Absence or incapacity (5) 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. 2023, c. 18, s. 12
Judges Act — J-1 140
Minister’s response 140 (1) The Minister shall respond publicly to the report. Information (2) For the purpose of responding publicly, the Minister may seek information from the full hearing panel on any matter that the Minister considers necessary. Obligation to provide information (3) 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. Absence or incapacity (4) 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. 2023, c. 18, s. 12
Judges Act — J-1 141
Ineligibility 141 (1) A member of the Council and a judge named in the roster of judges is not eligible to be designated (a) as a reviewing member under section 92 , or as a member of any panel established under this Division, in respect of any complaint involving a judge of the court of which they are a member; or (b) more than once under this Division in respect of the same complaint or the same judge. Subsections 86 (2) and (3) (2) 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. 2023, c. 18, s. 12
Judges Act — J-1 142
Designation from roster of judges 142 The Council may designate a judge named in the roster of judges to be a member of a panel established under section 98 , 110 , 117 or 130 instead of designating a member of the Council as the section in question requires. 2023, c. 18, s. 12
Judges Act — J-1 143
Immunity 143 A screening officer, a reviewing member or a member of a panel established under this Division shall have the same immunity as a judge of a superior court. 2023, c. 18, s. 12
Judges Act — J-1 144
Regulations 144 The Governor in Council may make regulations respecting the fees, allowances and expenses to be paid or reimbursed under section 146 . 2023, c. 18, s. 12
Judges Act — J-1 145
Guidelines 145 (1) Subject to the regulations, the Commissioner shall make guidelines respecting the fees, allowances and expenses to be paid or reimbursed under section 146 . Incorporation by reference (2) 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. Obligation to justify differences (3) 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. 2023, c. 18, s. 12
Judges Act — J-1 146
Amounts payable out of C.R.F. 146 (1) 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: (a) the expenses incurred by members of the Council and judges named in the roster of judges in the course of carrying out their duties under this Division or Division 2; (b) the expenses incurred by and the allowances payable to panel members, other than judges, in the course of carrying out their duties under this Division or Division 2; (c) the fees of and the expenses incurred by presenting counsel in the course of carrying out their duties under this Division or Division 2; (d) subject to subsection (2), the fees of and the expenses incurred by lawyers representing judges who are the subject of a complaint under this Division or Division 2; (e) the fees and expenses of lawyers and experts engaged by panels established under this Division or Division 2; and (f) the expenses incidental to the conduct of meetings and hearings under this Division or Division 2, including the renting of rooms, the recording and transcription of proceedings, translation services and security. Restriction (2) 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. 2023, c. 18, s. 12
Judges Act — J-1 147
Independent review of financial provisions 147 (1) 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. Report (2) 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. Report to be made public (3) 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. 2023, c. 18, s. 12
Judges Act — J-1 148
Request 148 The Minister or the attorney general of a province may request that the Council establish a full hearing panel to determine whether the removal from office of a judge of a superior court is justified. 2023, c. 18, s. 12
Judges Act — J-1 149
Establishment 149 (1) 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. Direction to consider new request (2) 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. 2023, c. 18, s. 12
Judges Act — J-1 150
Application of sections 119 to 143 150 Sections 119 to 143 apply, with any necessary modifications, in respect of the request and all proceedings arising from it. 2023, c. 18, s. 12
Judges Act — J-1 151
Removal from office 151 For the purposes of this Division, the removal from office of a person appointed under an Act of Parliament to hold office during good behaviour, other than a judge, is justified only if, for any of the following reasons, the person’s continuation in office would undermine public confidence in the integrity of the person or of their office to such an extent that it would render the person incapable of executing the functions of their office: (a) infirmity; (b) misconduct; (c) failure in the due execution of their office; (d) the person has been placed in a position that a reasonable, fair-minded and informed observer would consider to be incompatible with the due execution of their office. 2023, c. 18, s. 12
Judges Act — J-1 152
Request 152 The Minister may request that the Council establish a full hearing panel to determine whether the removal from office of a person referred to in section 151 is justified. 2023, c. 18, s. 12
Judges Act — J-1 153
Establishment 153 On receipt of the request, the Council shall establish a full hearing panel in accordance with section 117 to consider the request. 2023, c. 18, s. 12
Judges Act — J-1 154
Application of sections 119 to 125 and 127 to 143 154 Sections 119 to 125 and 127 to 143 apply, with any necessary modifications, in respect of the request and all proceedings arising from it. 2023, c. 18, s. 12
Judges Act — J-1 155
Removal from office 155 (1) 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. Orders and reports laid before Parliament (2) 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. 2023, c. 18, s. 12
Judges Act — J-1 156
Leave of absence with salary 156 The Governor in Council may, for any period that the Governor in Council considers appropriate, grant leave of absence to any person, other than a judge, whose removal from office is recommended because of infirmity in a report provided under subsection 139 (1) and, if leave of absence is granted, the person’s salary is to continue to be paid during the period of leave of absence. 2023, c. 18, s. 12
Judges Act — J-1 157
Powers, rights and duties not affected 157 Nothing in, or done or omitted to be done under the authority of, this Part affects any power, right or duty of the Senate, the House of Commons or the Governor in Council in relation to the removal from office of a judge or any other person. 2023, c. 18, s. 12
Judges Act — J-1 158
Decision final 158 A decision made by a member of the Council under any of Divisions 1 to 3 or by a member of a panel established under any of those Divisions is final and is not to be questioned or reviewed in any court other than provided for in this Part. 2023, c. 18, s. 12
Judges Act — J-1 159
Remote appearance 159 For greater certainty, any proceedings or hearings under this Part may take place by remote appearance. 2023, c. 18, s. 12
Judges Act — J-1 160
Annual report 160 (1) 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 (a) complaints received; (b) complaints dismissed by a screening officer; (c) complaints dismissed by a reviewing member; (d) complaints reviewed by review panels, hearing panels and appeal panels; and (e) complaints in respect of which any of the actions referred to in paragraphs 102 (a) to (g) were taken. Report to be made public (2) After the annual report is submitted to the Minister, the Council shall make it public. 2023, c. 18, s. 12
Judges Act — J-1 4
4 (2) For the twelve month period commencing April 1, 1986 and for each twelve month period thereafter, (a) section 25 of the Judges Act does not apply in respect of judges of county and district courts; (b) the salary annexed to the office of Chief Judge and Associate Chief Judge of a county or district court shall be $5,000 lower than the salary annexed to the office of Chief Justice and Associate Chief Justice of the superior court of a province; and (c) the salary annexed to the office of judge of a county or district court, other than Chief Judge and Associate Chief Judge, shall be $5,000 lower than the salary annexed to the office of judge of the superior court of a province, other than a Chief Justice or Associate Chief Justice.
Judges Act — J-1 5
Application 5 (3) Subsections (1) and (2) apply in respect of the year commencing April 1, 1985 and subsequent years.
Judges Act — J-1 7
Application 7 (2) Subsection (1) applies in respect of the year commencing April 1, 1985 and subsequent years.
Judges Act — J-1 8
Where person ceased to hold office between April 1, 1985 and date of Royal Assent to this Act 8 (1) For greater certainty, where a person ceased to hold office as lieutenant governor or as judge in the period commencing on April 1, 1985 and ending on the day preceding the day on which this Act is assented to, (a) that person shall be paid the retroactive salary increment resulting from section 3 or 4 in respect of the period commencing on April 1, 1985 and ending on the day on which the person ceased to hold office; (b) in the case of a lieutenant governor, any retroactive salary increment paid to the lieutenant governor pursuant to paragraph (a) shall, for the purposes of subsection 3(2) of the Lieutenant Governors Superannuation Act , be deemed to have been received by that person during the person’s term of office; and (c) in the case of a judge, any annuity granted to or in respect of that judge is increased, as of the day it was granted, to reflect the higher salary annexed to the office held by the judge on the day on which the judge ceased to hold office. Where person deceased (2) Where a person to whom a retroactive salary increment or a retroactive pension or annuity increment would be payable as a result of subsection (1) is deceased, that retroactive increment shall be paid as a death benefit to that person’s estate or, if less than one thousand dollars, as may be directed by the Secretary of State of Canada (in the case of a lieutenant governor) or the Minister of Justice (in the case of a judge).
Judges Act — J-1 12
Transitional: other references to P.E.I. Court 12 (1) A reference in any Act, other than in the provisions amended by the schedule to this Act, or in any document, instrument, regulation, proclamation or order in council, to the Supreme Court of Prince Edward Island shall be construed, as regards any transaction, matter or thing subsequent to the coming into force of this section, to be a reference to the Supreme Court of Prince Edward Island, Appeal Division, or the Supreme Court of Prince Edward Island, Trial Division, as the case may require. Transitional: other references to Newfoundland Court (2) A reference in any Act, other than in the provisions amended by the schedule to this Act, or in any document, instrument, regulation, proclamation or order in council, to the District Court of Newfoundland shall be construed, as regards any transaction, matter or thing subsequent to the coming into force of this section, to be a reference to the Trial Division of the Supreme Court of Newfoundland.
Judges Act — J-1 13
Transitional: salary for P.E.I. Court 13 (1) Subject to subsection (2), the salaries of the judges of the Appeal Division and Trial Division of the Supreme Court of Prince Edward Island are, on the coming into force of this section, the same as the salary annexed to the office of judge of the Supreme Court of Prince Edward Island, other than the Chief Justice thereof, immediately before this section comes into force. Idem (2) The salaries of the Chief Justice of Prince Edward Island and the Chief Justice of the Trial Division of the Supreme Court of Prince Edward Island are, on the coming into force of this section, the same as the salary annexed to the office of Chief Justice of the Supreme Court of Prince Edward Island immediately before this section comes into force. Transitional: salary (3) Notwithstanding any other provision of this Act or the Judges Act , the person holding the office of Chief Judge of the District Court of Newfoundland immediately before the coming into force of section 2 of this Act shall continue to be paid the salary then annexed to that office until such time as the salary annexed to the office of judge of the Trial Division of the Supreme Court of Newfoundland exceeds that salary, at which time that person shall be paid the salary annexed to the office of judge of the Trial Division of the Supreme Court of Newfoundland.
Judges Act — J-1 1
1 (2) The salary annexed to the office of a judge referred to in subsection (1) shall not be adjusted in accordance with section 25 of the said Act for the twelve month periods commencing April 1, 1986, April 1, 1987 and April 1, 1988.
Judges Act — J-1 2
Transitional 2 (2) Where, before the coming into force of this Act, payment of an annuity to the spouse or surviving spouse of a judge was suspended or ceased, on remarriage of the spouse or surviving spouse, pursuant to section 44 of the said Act, as that provision read from time to time, or any provision similar to that provision contained in any Act mentioned in subsection 44(2) of the said Act, payment of the annuity to the spouse or surviving spouse shall, subject to the said Act, be resumed on and with effect from the coming into force of this Act.
Judges Act — J-1 3
Transitional 3 (2) Where, before the coming into force of this Act, payment of an annuity to a child of a judge ceased, on marriage of the child, pursuant to paragraph 47(1)(b) of the said Act, payment of the annuity to the child shall, subject to the said Act, be resumed on and with effect from the coming into force of this Act.
Judges Act — J-1 14
Coming into force 14 (1) Subsections 27(1) and (2) of the said Act, as enacted by section 10 of this Act, are applicable to the year commencing on April 1, 1989 and to subsequent years and, for greater certainty, apply to a judge therein described who ceased to hold office during the period commencing on that day and ending on the day preceding the day on which this Act is assented to. Idem (2) Paragraphs 40(1)(e) and (f) and subsection 40(1.2) of the said Act, as enacted by section 11 of this Act, shall be deemed to have come into force on April 1, 1988 and, for greater certainty, apply to a judge therein described who ceased to hold office during the period commencing on that day and ending on the day preceding the day on which this Act is assented to.
Judges Act — J-1 24
Transitional: proceedings 24 (1) Every proceeding commenced before the coming into force of this subsection and in respect of which any provision amended by this Act applies shall be taken up and continued under and in conformity with that amended provision without any further formality.
Judges Act — J-1 25
Salary of Associate Chief Justice 25 (1) The salary of the Associate Chief Justice of the Supreme Court of British Columbia is, on the coming into force of this subsection, the same as the salary annexed to the office of the Chief Justice of that Court. Transitional: salary (2) Notwithstanding the Judges Act , the person who holds the office of Chief Judge of the County Courts of British Columbia immediately before the coming into force of subsection 15(2) shall continue to be paid the salary then annexed to that office until such time as the salary annexed to the office of judge of the Supreme Court of British Columbia exceeds that salary, at which time that person shall be paid the salary annexed to the last-mentioned office.
Judges Act — J-1 45
Transitional: proceedings 45 (1) Every proceeding commenced before the coming into force of this subsection and in respect of which any provision amended by this Act applies shall be taken up and continued under and in conformity with that amended provision without any further formality.
Judges Act — J-1 46
Transitional: salary 46 (1) Notwithstanding the Judges Act , a person who holds the office of Chief Judge or Associate Chief Judge of the District Court of Ontario immediately before the coming into force of section 30 shall continue to be paid the salary then annexed to that office until such time as the salary annexed to the office of judge of the Ontario Court (General Division) exceeds that salary, at which time that person shall be paid the salary annexed to the last-mentioned office. Transitional: annuity (2) Notwithstanding the Judges Act , the Chief Judge and the Associate Chief Judge of the District Court of Ontario shall, on the coming into force of this subsection, be deemed to have made an election in accordance with section 32 of that Act for the purposes of subsection 43(2) of that Act, and if, at the time of their resignation, removal or attaining the age of retirement, they were holding office as judge of the Ontario Court (General Division), the annuity payable to them under section 42 of that Act shall be an annuity equal to two thirds of the salary annexed to the office of chief judge of a county court or, if there is no such office at that time, two thirds of the result obtained by subtracting five thousand dollars from the salary annexed at that time to the office of Chief Justice of the Ontario Court.
Judges Act — J-1 67
Transitional: proceedings 67 (1) Every proceeding commenced before the coming into force of this subsection and in respect of which any provision amended by this Act applies shall be taken up and continued under and in conformity with that amended provision without any further formality.