Order Fixing the Day on which this Order is Made as the Day on which Sections 237, 238 and 240 to 251 of that Act Come into Force: SI/2019-19

Canada Gazette, Part II, Volume 153, Number 9

Registration
SI/2019-19 May 1, 2019

BUDGET IMPLEMENTATION ACT, 2017, NO. 2

Order Fixing the Day on which this Order is Made as the Day on which Sections 237, 238 and 240 to 251 of that Act Come into Force

P.C. 2019-336 April 12, 2019

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsection 259(2) of the Budget Implementation Act, 2017, No. 2, chapter 33 of the Statutes of Canada, 2017, fixes the day on which this order is made as the day on which sections 237, 238 and 240 to 251 of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order is to bring into force sections 237, 238 and 240 to 251 of the Budget Implementation Act, 2017, No. 2 (BIA 2 2017), which received royal assent on December 14, 2017.

Objective

To ensure that amendments to the Judges Act included in BIA 2 2017 are brought into force, allowing the Commissioner for Federal Judicial Affairs (CFJA) to implement the change in mechanism for payment of annuities under the Act.

Background

Amendments to the Judges Act included in BIA 2 2017 change the mechanism for payment of most annuities under the Act by eliminating the need for an order in council to authorize payment, with consequent changes in terminology (i.e. from “granted” to “paid”). In the future, all non-discretionary annuities payable to judges, their survivors and children will be authorized by operation of statute.

These amendments are aimed at eliminating inefficiencies and delays under the current system in the payment of annuities to judges on retirement, or to their survivors or children on the death of a judge or former judge. Even though the annuities in question are non-discretionary, they still require that the Governor in Council act in every instance by issuing an order in council; this “granting” of annuities is a historical practice that is no longer required in the modern era. Delays can be particularly acute during periods when Cabinet is not meeting regularly, such as during or immediately after a general election.

Implications

Bringing the relevant sections into force, and updating the relevant regulations to reflect the legislative amendments, will allow for the new process to be implemented. The CFJA, who administers all payments under the Judges Act, will no longer be required to create a package for Cabinet consideration in every instance where a non-discretionary annuity is to be paid; rather, once the statutory criteria are met, the CFJA can begin payments. This will simplify the administration of payments and avoid delays.

Consultation

The CFJA and superior court judges have been advised of the change.

Departmental contact

Anna Dekker
Counsel
Judicial Affairs Section
Public Law and Legislative Services Sector
Department of Justice Canada
Telephone: 613‑952‑0516
Email: anna.dekker@justice.gc.ca