Provincial Judges and Applications Judges Compensation Regulation

(Consolidated up to 19/2024) ALBERTA REGULATION 176/98 Court of Justice Act Court of King ’ s Bench Act PROVINCIAL JUDGES AND APPLICATIONS JUDGES COMPENSATION REGULATION Table of Contents 0.1 Definitions 1 Salaries for full‑time non‑administrative judges 1.01 Salaries for administrative judges 1.1 Salary on expiration of appointment as administrative judge 1.2 Salaries for part‑time judges 2 Remuneration and benefits for supernumeraries 4 Travel and subsistence expenses 4.1 Professional allowance 5 Northern allowances 6 Automobile for Chief Judge 8 Benefits 8.1 Pensions 9 Payment for prior pensionable judicial service 9.1 Applications judges remuneration Schedules Definitions 0.1 In this Regulation, (a) “administrative judge” means the Chief Judge, the Deputy Chief Judge or an assistant chief judge; (a.01) “applications judge” means an applications judge appointed under the Court of King’s Bench Act but does not include an ad hoc applications judge or a part‑time applications judge; (a.1) “appointed” includes reappointed; (a.2) “full‑time judge” means a judge to whom section 1(1) applies; (a.3) “half‑time applications judge” means a person appointed as such under section 8.21 of the Court of King’s Bench Act ; (a.4) “judge” means a judge within the meaning of section 1 of the Court of Justice Act , but does not include a supernumerary judge; (a.5) “part‑time applications judge” means a person, other than a half‑time applications judge or an ad hoc applications judge, who is appointed to perform the duties of an applications judge on a part‑time basis; (b) repealed AR 136/2022 s8; (c) “part‑time judge” means a person appointed as such under section 9.24 of the Court of Justice Act ; (d) repealed AR 136/2022 s8; (e) “year”, except in section 9, section 3(1) of Schedule 1 and section 5 of Schedule 2, means the period of one year commencing at the beginning of April in one year and ending at the end of March in the next. AR 211/99 s3;12/2009;20/2012;179/2019;136/2022;218/2022; 76/2023 Salaries for full‑time non‑administrative judges 1 (1) This section does not apply to the administrative judges. (2) The annual salary to be paid to judges who are appointed on a full‑time basis is (a) $321 685 for the period beginning on April 1, 2021, and ending on March 31, 2022, (b) $328 119 for the period beginning on April 1, 2022, and ending on March 31, 2023, (c) $337 963 for the period beginning on April 1, 2023, and ending on March 31, 2024, and (d) $348 102 for the period beginning on April 1, 2024, and ending on March 31, 2025. (3) to (5) Repealed AR 179/2019 s3. AR 176/98 s1;104/99;211/99;216/2000;117/2005;266/2006; 170/2007;61/2008;20/2012;178/2015;179/2019;255/2022; 137/2023 Salaries for administrative judges 1.01 For the period beginning on April 1, 2021, and ending on March 31, 2025, the annual salaries to be paid to the administrative judges are to be calculated by multiplying the annual salary of a full-time judge under section 1 by the following appropriate multiple: (a) 1.1 for the Chief Judge; (b) 1.075 for the Deputy Chief Judge; (c) 1.05 for an Assistant Chief Judge. AR 20/2012 s3;178/2015;179/2019;137/2023 Salary on expiration of appointment as administrative judge 1.1 (1) Where the appointment of an administrative judge expires, notwithstanding anything in section 1, that judge’s salary is to remain unchanged until the salary of a full‑time judge, applying section 1, exceeds that judge’s salary. (2) Subsection (1) ceases to apply if the judge who held the appointment as an administrative judge is appointed as a part‑time judge. AR 239/2004 s2;117/2005;61/2008;43/2009;20/2012 Salaries for part‑time judges 1.2 (1) In this section, (a) “pension benefits” means pension benefits payable under the Provincial Judges and Applications Judges Registered and Unregistered Pension Plans (AR 196/2001); (b) “12‑month term of appointment” means the 12‑month period immediately following the appointment of a part‑time judge and, where applicable, includes any subsequent 12‑month period of appointment as such. (2) Subject to subsection (3), the annual salary to be paid to a part‑time judge is 50% of the annual salary of a full‑time judge. (3) If the aggregate of a part‑time judge’s salary and pension benefits payable during a 12‑month term of appointment exceeds the salary of a full‑time judge for that 12‑month term of appointment, the salary payable to that judge during that term shall be reduced by an amount equal to that excess. AR 20/2012 s5;136/2022 Remuneration and benefits for supernumeraries 2 (1) For the period beginning on April 1, 2021, and ending on March 31, 2025, the remuneration to be paid to a supernumerary judge for holding a sitting or otherwise acting as a supernumerary judge, for each day or partial day, is 1/207.5 of a full‑time judge’s salary under section 1. (2) to (2.5) Repealed AR 20/2012 s6. (3) In addition to the remuneration referred to in this section, a supernumerary judge is entitled to the remuneration and benefits referred to in sections 4 and 5. (4) Where a sitting is cancelled with less than 24 hours’ notice, the supernumerary judge who would have held the sitting is entitled to be paid for that sitting. AR 176/98 s2;104/99;211/99;216/2000;239/2004;266/2006; 20/2012;178/2015;137/2023 3 Repealed AR 117/2005 s4. Travel and subsistence expenses 4 Effective on the filing of the Provincial Judges and Applications Judges Compensation Amendment Regulation , a judge is entitled to reimbursement for travel and subsistence expenses incurred in the course of the performance of the judge’s duties as a judge in accordance with the travel, meal and hospitality policy established by directive of the Alberta Treasury Board that applies to persons appointed to positions under the Public Service Act and working in the Department of the Minister responsible for the justice system, or any instrument replacing it, that is in force at the time the expenses are incurred. AR 176/98 s4;54/2001;131/2003;239/2004; 66/2005;178/2015;19/2024 Professional allowance 4.1 (1) A judge is entitled to a professional allowance each year to be used for the following purposes as authorized by the Chief Justice: (a) the attendance at relevant conferences and seminars that are related to the carrying out of the duties and functions of a judge of the Court of Justice; (b) the buying of books and journals that are related to the carrying out of the duties and functions of a judge of the Court of Justice; (c) the maintenance of memberships in judicial and professional organizations; (d) the purchase of security systems for the home of a judge of the Court of Justice and the monthly service charges for those systems; (e) payment of or for individual (i) fitness facility (including membership) fees, (ii) fitness, health and nutrition lessons, programs and courses, (iii) fitness equipment, and (iv) library memberships. (2) An applications judge is entitled to a professional allowance each year to be used for the following purposes as authorized by the Chief Justice of the Court of King’s Bench of Alberta: (a) the attendance at relevant conferences and seminars that are related to the carrying out of the duties and functions of an Applications Judge; (b) the buying of books and journals that are related to the carrying out of the duties and functions of an Applications Judge; (c) the maintenance of memberships in judicial and professional organizations; (d) the purchase of security systems for the home of an Applications Judge and the monthly service charges for those systems; (e) payment of or for individual (i) fitness facility (including membership) fees, (ii) fitness, health and nutrition lessons, programs and courses, (iii) fitness equipment, and (iv) library memberships; (f) the purchase and cleaning of court attire related to the carrying out of the duties and functions of an applications judge, including business clothing and gowns for ceremonial proceedings. (3) The amount of the allowance referred to in subsections (1) and (2), for the period beginning on April 1, 2021, and ending on March 31, 2025, is up to a maximum of $4500 per year. (4) Repealed AR 178/2015 s5. (5) Where an expenditure that is covered by subsection (1) or (2) is incurred in one year and there is not a sufficient amount of allowance available in that year for the payment or full payment of that expenditure, then that expenditure, or the portion of it that remains not reimbursed, as the case may be, may be carried forward for payment in the following year. (6) The amount of the allowance over $3750 up to the maximum amount under subsection (3) per year, for the period from the beginning of April 2017 to the end of March 2019, may be used for the payment of expenditures covered by subsection (1) or (2) that have been incurred during the period from the beginning of April 2017 to the date determined by the Chief Justice of the Court of Justice or the Chief Justice of the Court of King’s Bench, as applicable. AR 216/2000 s4;239/2004;117/2005;104/2007;12/2009; 20/2012;178/2015;179/2019;136/2022;218/2022; 76/2023;137/2023 Northern allowances 5 A judge shall be paid Northern Allowance in accordance with the Public Service Employment Regulation made under the Public Service Act . Automobile for Chief Judge 6 An automobile and replacement automobiles shall be provided to the Chief Justice and Deputy Chief Justice of the Court of Justice in the same manner as automobiles are provided under Treasury Board Directive (4/79), as amended. AR 176/98 s6;221/2004;61/2008;76/2023 7 Repealed AR 211/99 s5. Benefits 8 (1) A judge or a part‑time judge is entitled to the benefits set out in Schedule 1. (2) A judge or a part‑time judge is entitled to receive benefits under the Long Term Disability Income Continuance Plan as set out in Schedule 2. AR 176/98 s8;211/99;20/2012 Pensions 8.1 The Provincial Judges and Applications Judges Registered and Unregistered Pension Plans (AR 196/2001) applies, to the extent provided in it, with respect to judges and applications judges. AR 197/2001 s2;20/2012;136/2022 Payment for prior pensionable judicial service 9 (1) In this section, (a) “judge” means a person who, immediately before September 1, 1988, held office as a judge of the Provincial Court of Alberta, other than as a supernumerary judge, and had accumulated prior pensionable judicial service; (b) “long service amount” means an amount equal to $2000 for each completed year, and a prorated portion of $2000 for each additional portion of a year, of a judge’s or master’s prior pensionable judicial service; (c) “master” means a person who, immediately before September 1, 1988, held office as a master in chambers and had accumulated prior pensionable judicial service; (d) “Minister” means the Minister of Justice; (e) “pension plan” means the Provincial Judges and Masters in Chambers Pension Plan Regulation (AR 265/88) or the pension plan thereunder; (f) “prior pensionable judicial service” means pensionable service standing to a judge’s or master’s credit in the Public Service Management Pension Plan in the form of service under that Plan as a judge of the Provincial Court of Alberta or a master in chambers; (g) “retire” means, in respect of a judge or master, a judge or master who ceases to be a participant of the pension plan under the circumstances referred to in section 14(1), 16, 17(1), or (2) or 24 of the pension plan; (h) “spouse” has the meaning assigned to it by the pension plan; (i) “surviving spouse” means the surviving spouse of a deceased judge or master who becomes entitled to receive a pension under section 20(1) or (2) of the pension plan. (2) The long service amount in respect of a judge or master shall be paid in a lump sum payment to (a) the judge or master after the judge or master retires, (b) the surviving spouse of the judge or master if the judge or master dies before retiring, or (c) the judge’s or master’s estate if the judge or master dies before retiring and leaves no surviving spouse. (3) A judge or master may, before retiring, submit to the Minister a request that the payment of the long service amount be made in annual payments for a period specified by the judge or master of up to 10 years. (4) When a judge or master makes a request under subsection (3) and it is received by the Minister at least 30 days before the judge or master retires, the long service amount in respect of the judge or master shall be paid, notwithstanding subsection (2), in annual payments to the judge or master after the judge or master retires and (a) if the judge or master dies before all of the annual payments are made and the judge or master leaves a surviving spouse, the remaining annual payments shall be paid to the surviving spouse and if the surviving spouse dies before all of the remaining annual payments are made, the remaining annual payments shall be paid in a lump sum to the spouse’s estate, and (b) if the judge or master dies before all of the annual payments are made and the judge or master does not leave a surviving spouse, the remaining annual payments shall be paid in a lump sum to the judge’s or master’s estate. (5) When a judge or master makes a request under subsection (3) and it is received by the Minister at least 30 days before the judge or master retires and the judge or master dies before retiring, the long service amount in respect of the judge or master shall be paid, notwithstanding subsection (2), (a) if the judge or master leaves a surviving spouse, in annual payments to the surviving spouse and if the surviving spouse dies before all of the annual payments are made, the remaining annual payments shall be paid in a lump sum to the spouse’s estate, and (b) if the judge or master does not leave a surviving spouse, in a lump sum to the judge’s or master’s estate. (6) When a judge or master dies before retiring without having made a request under subsection (3) and leaves a surviving spouse, the spouse may submit to the Minister a request that payment of the long service amount be made in annual payments for a period specified by the spouse of up to 10 years. (7) When a surviving spouse makes a request under subsection (6) and it is received by the Minister within 90 days of the judge’s or master’s death, the long service amount in respect of the judge or master shall be paid, notwithstanding subsection (2), in annual payments to the surviving spouse and if the surviving spouse dies before all of the annual payments are made, the remaining annual payments shall be paid in a lump sum to the surviving spouse’s estate. (8) The amount of an annual payment under this section in respect of a judge or master is calculated by dividing the judge’s or master’s long service amount by the number of years specified in the judge’s or master’s request under subsection (3) or the surviving spouse’s request under subsection (6) and the number of years may not exceed 10. AR 176/98 s9;14/99;211/99;170/2012;216/2022 Applications judges remuneration 9.1 (1) A full‑time applications judge is to be paid the same salary as is paid to a full‑time judge under section 1. (2) A full‑time applications judge or a half‑time applications judge is entitled to the benefits provided to a judge under section 4 and to those benefits set out in Schedule 1. (3) A full‑time applications judge or a half‑time applications judge is entitled to receive benefits under the Long Term Disability Income Continuance Plan as set out in Schedule 2. (3.1) Subject to subsection (3.2), the annual salary to be paid to a half‑time applications judge is 50% of the annual salary of a full‑time judge. (3.2) If the aggregate of a half‑time applications judge’s salary and pension benefits within the meaning of section 1.2(1) payable during a 12‑month term of appointment exceeds the salary of a full‑time judge for that 12‑month term of appointment, the salary payable to that applications judge during that term shall be reduced by an amount equal to that excess. (3.3) In subsection (3.2), “12‑month term of appointment” means the 12‑month period immediately following the appointment of a half‑time applications judge and, where applicable, includes any subsequent 12‑month period of appointment as such. (4) A part‑time applications judge is entitled to the same remuneration as provided to a supernumerary judge under section 2. (5) An ad hoc applications judge is entitled to the same remuneration as provided to a supernumerary judge under section 2. AR 211/99 s7;12/2009;20/2012;136/2022 10 Repealed AR 20/2012 s11. Schedule 1 Benefits for Judges and Applications Judge 1 In this Schedule, “applications judge” means a full‑time applications judge or a half‑time applications judge. 2 (1) Judges and applications judges are entitled to participate in the group benefit plans available to managers in the Public Service of the Province. (2), (3) Repealed AR 12/2009 s5. 3 (1) A judge or applications judge is entitled to vacation of 30 working days per year except that a part‑time judge or a half‑time applications judge is entitled to vacation of 15 working days per year. (2) The scheduling of vacation is subject to the prior approval (a) of the Chief Justice of the Court of Justice, in the case of a judge, and (b) of the Chief Justice of the Court of King’s Bench, in the case of an applications judge. (3) If a judge’s or applications judge’s appointment is terminated, the judge’s or applications judge’s actual vacation entitlement will be calculated on the basis of 2 1/2 days vacation per completed month of service, and the judge or applications judge must at such termination reimburse the Province for any vacation taken in excess of the judge’s or applications judge’s actual entitlement. (4) Any actual vacation entitlement not taken by a judge or applications judge must, at the termination of the appointment, be paid by the Province to the judge or applications judge. 4 Judges and applications judges are entitled to all statutory holidays normally granted to employees in the Public Service of the Province and part‑time judges and half‑time applications judges are entitled to all statutory holidays normally granted to employees in the Public Service of the Province occurring during the periods they are required to serve. 5 Repealed AR 20/2012 s12. AR 211/99 s8;198/2002;221/2004;117/2005;170/2007; 12/2009;20/2012;136/2022;218/2022;76/2023 Schedule 2 Long Term Disability Income Continuance Plan The Long Term Disability Income Continuance Plan is established as follows: Definitions 1 In this Plan, (a) “adjudicator” means the Judicial Council established under Part 6 of the Judicature Act ; (b) “benefit” means money provided to a participant under the Plan; (c) “disability” means a medical condition that causes a participant to be unable to perform any combination of duties that, prior to the commencement of illness or injury, regularly took at least 60% of the participant’s time at work to complete; (d) “elimination period” means 80 consecutive normal work days or the number of hours of work for a continuing illness equivalent to 80 normal work days, starting the day a participant stops work or partially stops work because of bodily injury or illness; (e) “month” means a period of time between the same dates in 2 successive calendar months; (f) “monthly earnings” means the participant’s current regular monthly rate of pay; (g) “participant” means a person to whom the Plan applies under section 2; (h) “period of disability” means the period in which a participant is entitled to receive benefits from the Plan beginning after the last day of the elimination period; (i) “Plan” means the Plan established in this Schedule; (j) “Plan Administrator” means the Plan Administrator under the Public Service Long Term Disability Income Continuance Plan; (k) repealed AR 266/2006 s4; (l) “regular duties” means the regular duties or duties similar to the regular duties that the participant was performing immediately prior to the beginning of the elimination period; (m) “work day” means any day on which a participant is expected to be at work. Application 2 This Plan applies to judges and applications judges so entitled under section 8 and 9.1 of the Provincial Judges and Applications Judges Compensation Regulation . Coverage 3 (1) A participant is covered under the Plan beginning the first day after the participant completes 3 consecutive months of service without absence because of illness or disability, except for casual illness. (2) A participant’s coverage under the Plan terminates on the earliest of the following: (a) the date of the participant’s 70th birthday; (b) the date the participant’s appointment is terminated, if the participant is not receiving benefits under the Plan at that time; (c) the date the participant resigns from office. Eligibility for benefits 4 (1) When the adjudicator determines that a participant’s bodily injury or illness results in a disability, and the disability continues during the entire elimination period, the participant is eligible for benefits beginning immediately after the elimination period. (2) If a participant returns to work during the elimination period and then takes general illness leave for the same or a related illness within 10 days of returning to work, the time that the participant was at work is considered to be part of the elimination period. (3) A participant is not eligible for benefits payable after the elimination period for (a) a disability suffered as a result of participation in the commission of crime, (b) a disability suffered as a result of an act of war, (c) an intentionally self‑inflicted injury or illness, (d) any period during which the participant is not under the continuous care of a physician, or not following the treatment a physician prescribes, or (e) a period of incarceration in a prison or similar institution. (4) Depending on the nature and severity of a participant’s condition, the adjudicator may require a participant to be under a specialist’s care. (5) If substance abuse, including alcoholism and drug addiction, contributes to a participant’s disability, the participant’s treatment program must include participation in a recognized substance withdrawal program. (6) As soon as possible after a participant is injured or becomes ill, the adjudicator is to determine whether the participant’s condition is a disability. (7) If a participant, who returns to work after an absence caused by a disability, is no longer receiving disability benefits, and is disabled as a result of the same or a related condition within 6 months after the date of return to work, the disability is considered continued and another elimination period is not required to be served. (8) Any authorized benefits may continue up to the maximum benefit period described in section 9 during any one period of disability, but the benefits end when the adjudicator determines that the disability has ceased. Pre‑existing condition 5 (1) Benefits are not payable for any medically documented injury or illness for which a participant received medical services, supplies, or any medication prescribed by a physician during the 90 days immediately preceding the effective date of appointment. (2) Subsection (1) does not apply to a participant who has been covered by the Plan for 2 consecutive years and is not absent from work because of a pre‑coverage injury or illness on the date the 2 years are completed. (3) If the participant has been covered by the Plan for 2 consecutive years but is absent from work because of a pre‑coverage injury or illness at the 2‑year point, the participant is eligible for coverage under the Plan on the date the participant returns to work. Interim payment 6 (1) If the adjudicator does not decide on a participant’s eligibility for benefits before the end of the elimination period, the Chief Justice of the Court of Justice, in the case of a judge, or the Chief Justice of the Court of King’s Bench, in the case of an applications judge, may order that the participant continue to be paid at the rate of 70% of the participant’s normal salary for up to 2 months or until the date the decision is received, whichever comes first. (2) The participant is not entitled to receive an interim payment and benefits under subsection (1). (3) If the participant received an interim payment and is found eligible for benefits, (a) that payment is to be treated as a prepayment by the Province, on behalf of the Plan, of the benefits due for that period, (b) the Plan Administrator must not pay to the participant further benefits for the period covered by the payments, and (c) the Plan Administrator must repay the amount of the interim payment. (4) If the participant received an interim payment and is found not eligible for benefits, the participant must repay the payment. Rehabilitation program 7 (1) A rehabilitation program approved by the adjudicator may be established by the Department of Justice and the Plan Administrator for a specified time period not exceeding 24 months. (2) The program may require that the participant perform the participant’s regular work on a part-time basis. (3) At the end of the elimination period, if a participant suffers from a disability that prevents the performance of regular duties, but the participant is able to participate in a rehabilitation program, the participant is eligible for benefits. (4) If a participant is receiving less income under a rehabilitation program than was being received prior to the disability, the monthly benefit amount to which the participant is entitled is to be reduced by 50% of the income received from that program. (5) If the combination of reduced benefits and income equals an amount that exceeds the participant’s pre‑disability salary, benefits will be further reduced so that combined benefits and income do not exceed the pre-disability salary. (6) If a participant refuses or wilfully fails to participate and co‑operate in a rehabilitation program, the adjudicator may determine whether the participant is eligible to receive or continue to receive benefits. Amount of benefit 8 (1) The benefit amount for a participant, which is effective on completion of the elimination period, is 70% of the monthly salary paid to a judge or applications judge, based on the appropriate salary level set from time to time under section 1, 1.2 or 9.1(3.1) or (3.2), as the case may be, of the portion of this Regulation preceding Schedule 1. (2) The monthly benefit amount to which a participant is entitled will be reduced as follows: (a) by the amount of disability benefit entitlement, excluding children’s benefits and cost of living increases, under the Canada Pension Plan and the Quebec Pension Plan ; (b) by the amount of benefits payable from any other group disability plan sponsored by the Province; (c) repealed AR 104/2007 s3; (d) by vacation leave pay. (3) A participant must apply for Canada Pension Plan or Quebec Pension Plan disability benefits within 12 months of being placed on the Plan and provide proof of application to the Plan Administrator. (4) A participant who does not apply for benefits pursuant to subsection (3) after reasonable notice to do so may have the maximum Canada Pension Plan or Quebec Pension Plan disability benefit deducted pursuant to subsection (2)(a). (5) If any amount or benefit described in subsection (2) is received in the form of a lump sum payment instead of monthly instalments, the benefit under subsection (1) will be reduced by the equivalent commuted monthly instalments. 8.1 Repealed AR 266/2006 s4. Termination of benefits 9 The benefits payable under the Plan terminate on the earliest of the following: (a) the date determined by the adjudicator when the participant refuses or wilfully fails to participate and co‑operate in a rehabilitative program; (b) the date of the participant’s 70th birthday; (c) the date the participant resigns from office; (d) the date the adjudicator determines the participant is no longer disabled or the date the participant returns to the participant’s regular duties, whichever comes first. Coverage during leave of absence 10 (1) A participant is covered under the Plan for a period not exceeding 12 consecutive months from the date the participant begins leave if the participant is on authorized development leave initiated and approved by the Chief Justice of the Court of Justice in the case of a judge and the Chief Justice of the Court of King’s Bench in the case of an applications judge. (2) Coverage under the Plan continues for a participant on a leave of absence without pay, but benefits are not payable during the leave and, if applicable, premiums are not paid. Participation in group plans 11 (1) If a participant is eligible for benefits, the participant continues to be covered under the plans referred to in Schedule 1 of the Provincial Judges and Applications Judges Compensation Regulation . (2) During the period that coverage continues, the Province and the participant must continue to pay their respective share of premium costs for each plan. Adjudication Review 12 (1) When the adjudicator has ruled that a participant is not eligible for benefits or that benefits are to cease, (a) the Chief Justice of the Court of Justice, in the case of a judge, and the Chief Justice of the Court of King’s Bench, in the case of an applications judge, may request that the adjudicator review the claim, or (b) the participant may request that the adjudicator review the claim and may, at the participant’s expense, make representation to the adjudicator with the participant’s representatives only once. (2) A participant must submit a request for a review within 21 calendar days of receiving notice of the adjudicator’s ruling. (3) Within 60 calendar days of receiving notice of the adjudicator’s ruling, the participant must submit any new or additional medical information and other written material that the participant intends to be part of the review. (4) On receiving a request for a review, the adjudicator must review the participant’s case, taking into account the representation by the participant or participant’s representative and any new information, and make a decision. AR 211/99 s8;251/2001;239/2004;266/2006;104/2007;20/2012; 170/2012;136/2022;216/2022;218/2022;9/2023;76/2023