Acts and Regulations

P-21 - Provincial Court Act

Section 4.21
Disposition versions

Full text
Supernumerary judges
4.21(1)A judge who meets the criteria in subsection (2) and who wishes to perform reduced judicial duties may give three months notice in writing to the Minister electing supernumerary status.
4.21(2)The criteria are that the judge
(a) is an active judge as defined in the Provincial Court Judges’ Pension Act,
(b) was appointed as a judge on or before April 2, 2002, and
(c) either
(i) is at least sixty years old, having been a judge for at least twenty-five years, or
(ii) is at least sixty-five years old, having been a judge for at least fifteen years.
4.21(3)Notice may be given under subsection (1) before the time referred to in subparagraph (2)(c)(i) or (ii), to be effective on or after that date.
4.21(4)The chief judge and the associate chief judge may elect supernumerary status if they resign their appointment as chief judge or associate chief judge before the election takes effect.
4.21(5)A judge who elects supernumerary status
(a) thereby undertakes to perform judicial duties, as assigned by the chief judge, on up to one hundred days per calendar year, and
(b) may agree to perform judicial duties on additional days.
4.21(6)If a judge’s election takes effect later than the beginning of a calendar year, or if a judge who has elected supernumerary status retires or resigns before a calendar year ends, the undertaking under paragraph (5)(a) shall be reduced proportionately.
4.21(7)Subject to subsections (8), (9) and (10), the salary of a judge who has elected supernumerary status continues to be the salary of a judge appointed under subsection 2(1).
4.21(8)Subject to subsections (9) and (10), if a judge who has elected supernumerary status remains in office after the end of the year in which he or she becomes the age prescribed in subparagraph 8502(e)(i) of the Income Tax Regulations under the Income Tax Act (Canada) and is receiving an annuity under this Act or an annual pension under the Provincial Court Judges’ Pension Act, the judge’s salary shall be forty percent of the salary of a judge appointed under subsection 2(1).
4.21(9)Subject to subsection (10), if the annual pension referred to in subsection (8), combined with any supplementary allowance or payment payable under Part 4 of the Provincial Court Judges’ Pension Act, exceeds sixty percent of the salary of a judge appointed under subsection 2(1), the salary of a judge who has elected supernumerary status shall be the amount that, when combined with the annual pension and any supplementary allowance and payment, produces a total equal to the salary of a judge appointed under subsection 2(1).
4.21(10)If the annual pension or supplementary allowance or payment referred to in subsection (9) has been reduced by the operation of section 13, 14 or 28 of the Provincial Court Judges’ Pension Act, and if, unless so reduced, their combined amount would have exceeded sixty percent of the salary of a judge appointed under subsection 2(1), the judge’s salary shall be calculated under subsection (9) by reference to the amount of the annual pension and supplementary allowance and payment that would have been paid if the reduction had not occurred.
2003, c.18, s.1; 2011, c.12, s.3; 2018-70
Supernumerary judges
4.21(1)A judge who meets the criteria in subsection (2) and who wishes to perform reduced judicial duties may give three months notice in writing to the Minister electing supernumerary status.
4.21(2)The criteria are that the judge
(a) is an active judge as defined in the Provincial Court Judges’ Pension Act,
(b) was appointed as a judge on or before April 2, 2002, and
(c) either
(i) is at least sixty years old, having been a judge for at least twenty-five years, or
(ii) is at least sixty-five years old, having been a judge for at least fifteen years.
4.21(3)Notice may be given under subsection (1) before the time referred to in subparagraph (2)(c)(i) or (ii), to be effective on or after that date.
4.21(4)The chief judge and the associate chief judge may elect supernumerary status if they resign their appointment as chief judge or associate chief judge before the election takes effect.
4.21(5)A judge who elects supernumerary status
(a) thereby undertakes to perform judicial duties, as assigned by the chief judge, on up to one hundred days per calendar year, and
(b) may agree to perform judicial duties on additional days.
4.21(6)If a judge’s election takes effect later than the beginning of a calendar year, or if a judge who has elected supernumerary status retires or resigns before a calendar year ends, the undertaking under paragraph (5)(a) shall be reduced proportionately.
4.21(7)Subject to subsections (8), (9) and (10), the salary of a judge who has elected supernumerary status continues to be the salary of a judge appointed under subsection 2(1).
4.21(8)Subject to subsections (9) and (10), if a judge who has elected supernumerary status remains in office after the end of the year in which he or she becomes the age prescribed in subparagraph 8502(e)(i) of the Income Tax Regulations under the Income Tax Act (Canada) and is receiving an annuity under this Act or an annual pension under the Provincial Court Judges’ Pension Act, the judge’s salary shall be forty percent of the salary of a judge appointed under subsection 2(1).
4.21(9)Subject to subsection (10), if the annual pension referred to in subsection (8), combined with any supplementary allowance or payment payable under Part IV of the Provincial Court Judges’ Pension Act, exceeds sixty percent of the salary of a judge appointed under subsection 2(1), the salary of a judge who has elected supernumerary status shall be the amount that, when combined with the annual pension and any supplementary allowance and payment, produces a total equal to the salary of a judge appointed under subsection 2(1).
4.21(10)If the annual pension or supplementary allowance or payment referred to in subsection (9) has been reduced by the operation of section 11, 12 or 26 of the Provincial Court Judges’ Pension Act, and if, unless so reduced, their combined amount would have exceeded sixty percent of the salary of a judge appointed under subsection 2(1), the judge’s salary shall be calculated under subsection (9) by reference to the amount of the annual pension and supplementary allowance and payment that would have been paid if the reduction had not occurred.
2003, c.18, s.1; 2011, c.12, s.3
Supernumerary judges
4.21(1)A judge who meets the criteria in subsection (2) and who wishes to perform reduced judicial duties may give three months notice in writing to the Minister electing supernumerary status.
4.21(2)The criteria are that the judge
(a) is an active judge as defined in the Provincial Court Judges’ Pension Act,
(b) was appointed as a judge on or before April 2, 2002, and
(c) either
(i) is at least sixty years old, having been a judge for at least twenty-five years, or
(ii) is at least sixty-five years old, having been a judge for at least fifteen years.
4.21(3)Notice may be given under subsection (1) before the time referred to in subparagraph (2)(c)(i) or (ii), to be effective on or after that date.
4.21(4)The chief judge and the associate chief judge may elect supernumerary status if they resign their appointment as chief judge or associate chief judge before the election takes effect.
4.21(5)A judge who elects supernumerary status
(a) thereby undertakes to perform judicial duties, as assigned by the chief judge, on up to one hundred days per calendar year, and
(b) may agree to perform judicial duties on additional days.
4.21(6)If a judge’s election takes effect later than the beginning of a calendar year, or if a judge who has elected supernumerary status retires or resigns before a calendar year ends, the undertaking under paragraph (5)(a) shall be reduced proportionately.
4.21(7)Subject to subsections (8), (9) and (10), the salary of a judge who has elected supernumerary status continues to be the salary of a judge appointed under subsection 2(1).
4.21(8)Subject to subsections (9) and (10), if a judge who has elected supernumerary status remains in office after the end of the year in which he or she becomes the age prescribed in subparagraph 8502(e)(i) of the Income Tax Regulations under the Income Tax Act (Canada) and is receiving an annuity under this Act or an annual pension under the Provincial Court Judges’ Pension Act, the judge’s salary shall be forty percent of the salary of a judge appointed under subsection 2(1).
4.21(9)Subject to subsection (10), if the annual pension referred to in subsection (8), combined with any supplementary allowance or payment payable under Part IV of the Provincial Court Judges’ Pension Act, exceeds sixty percent of the salary of a judge appointed under subsection 2(1), the salary of a judge who has elected supernumerary status shall be the amount that, when combined with the annual pension and any supplementary allowance and payment, produces a total equal to the salary of a judge appointed under subsection 2(1).
4.21(10)If the annual pension or supplementary allowance or payment referred to in subsection (9) has been reduced by the operation of section 11, 12 or 26 of the Provincial Court Judges’ Pension Act, and if, unless so reduced, their combined amount would have exceeded sixty percent of the salary of a judge appointed under subsection 2(1), the judge’s salary shall be calculated under subsection (9) by reference to the amount of the annual pension and supplementary allowance and payment that would have been paid if the reduction had not occurred.
2003, c.18, s.1; 2011, c.12, s.3
Supernumerary judges
4.21(1)A judge who meets the criteria in subsection (2) and who wishes to perform reduced judicial duties may give three months notice in writing to the Minister electing supernumerary status.
4.21(2)The criteria are that the judge
(a) is an active judge as defined in the Provincial Court Judges’ Pension Act,
(b) was appointed as a judge on or before April 2, 2002, and
(c) either
(i) is at least sixty years old, having been a judge for at least twenty-five years, or
(ii) is at least sixty-five years old, having been a judge for at least fifteen years.
4.21(3)Notice may be given under subsection (1) before the time referred to in subparagraph (2)(c)(i) or (ii), to be effective on or after that date.
4.21(4)The chief judge and the associate chief judge may elect supernumerary status if they resign their appointment as chief judge or associate chief judge before the election takes effect.
4.21(5)A judge who elects supernumerary status
(a) thereby undertakes to perform judicial duties, as assigned by the chief judge, on up to one hundred days per calendar year, and
(b) may agree to perform judicial duties on additional days.
4.21(6)If a judge’s election takes effect later than the beginning of a calendar year, or if a judge who has elected supernumerary status retires or resigns before a calendar year ends, the undertaking under paragraph (5)(a) shall be reduced proportionately.
4.21(7)Subject to subsections (8), (9) and (10), the salary of a judge who has elected supernumerary status continues to be the salary of a judge appointed under subsection 2(1).
4.21(8)Subject to subsections (9) and (10), if a judge who has elected supernumerary status remains in office after the end of the year in which he or she becomes sixty-nine and is receiving an annuity under this Act or an annual pension under the Provincial Court Judges’ Pension Act, the judge’s salary shall be forty percent of the salary of a judge appointed under subsection 2(1).
4.21(9)Subject to subsection (10), if the annual pension referred to in subsection (8), combined with any supplementary allowance or payment payable under Part IV of the Provincial Court Judges’ Pension Act, exceeds sixty percent of the salary of a judge appointed under subsection 2(1), the salary of a judge who has elected supernumerary status shall be the amount that, when combined with the annual pension and any supplementary allowance and payment, produces a total equal to the salary of a judge appointed under subsection 2(1).
4.21(10)If the annual pension or supplementary allowance or payment referred to in subsection (9) has been reduced by the operation of section 11, 12 or 26 of the Provincial Court Judges’ Pension Act, and if, unless so reduced, their combined amount would have exceeded sixty percent of the salary of a judge appointed under subsection 2(1), the judge’s salary shall be calculated under subsection (9) by reference to the amount of the annual pension and supplementary allowance and payment that would have been paid if the reduction had not occurred.
2003, c.18, s.1