Judicial 2025 Compensation Commission Regulation

(no amdt) alberta regulation 24/2025 Judicature Act JUDICIAL 2025 COMPENSATION COMMISSION REGULATION Table of Contents 1 Definitions 2 Establishment of 2025 Commission 3 Composition, etc., of Commission 4 Role of Commission 5 Expenses 6 Costs of making submissions 7 Inquiry procedure 8 Criteria for recommendations 9 Presentation of report to Minister and Association 10 Amendment of report 11 Confidentiality of report 12 Effect of recommendations on Crown 13 Lieutenant Governor in Council’s decision on recommendations 14 Judicial review 15 Expiry 16 Coming into force Definitions 1 In this Regulation, (a) “applications judge” means, except in section 8(2)(g), an applications judge as defined in Part 6 of the Judicature Act ; (b) “Association” means, except in section 7(6)(c), the Alberta Provincial Justices’ Association; (c) “Commission” means the 2025 Alberta Judicial Compensation Commission established by section 2; (d) “commissioner” means a member of the Commission; (e) “compensation” means remuneration and benefits; (f) “inquiry” means the inquiry respecting compensation for judges and applications judges referred to in section 4(1); (g) “judge” means, except in section 8(2)(g), a judge as defined in Part 6 of the Judicature Act ; (h) “reasons” means written explanations that meet the justification standard under the Constitution of Canada used to evaluate decisions of a government to depart from a recommendation of an independent body regarding judicial compensation; (i) “recommendations” means the recommendations respecting compensation for judges and applications judges referred to in section 4(2); (j) “report” means the report of the Commission presented or to be presented under section 9 except that, if an amended report is or is to be presented under section 10(2), it means that amended report. Establishment of 2025 Commission 2 The 2025 Alberta Judicial Compensation Commission is established. Composition, etc., of Commission 3 (1) The Commission is to consist of (a) one commissioner appointed by the Minister, (b) one commissioner appointed by the Minister on the nomination of the Association, and (c) one commissioner appointed by the Minister on the nomination of the commissioners appointed under clauses (a) and (b). (2) The commissioner appointed under subsection (1)(c) is to be the chair of the Commission. (3) Subject to subsection (4), the following may not be commissioners: (a) active judges; (b) active applications judges; (c) active justices of the peace; (d) Members of the Legislative Assembly; (e) members of boards, commissions and other bodies appointed by the Lieutenant Governor in Council or by a Minister of the Crown; (f) other persons who hold office by way of an appointment by the Lieutenant Governor in Council or by a Minister of the Crown; (g) employees as defined in the Public Service Act . (4) A person referred to in subsection (3)(e), (f) or (g) may be the commissioner referred to in (a) subsection (1)(b) or (c), or (b) subsection (1)(a) if the Association approves the appointment in writing. Role of Commission 4 (1) The Commission shall conduct an inquiry respecting the appropriate level of compensation for judges and applications judges with a view to preparing the report. (2) The Commission shall, in the report, make recommendations respecting compensation for judges and applications judges for the period April 1, 2025 to March 31, 2029, the effective date of the recommendations, unless otherwise stated, being April 1, 2025. (3) The Commission shall carry out its mandate, established in subsections (1) and (2), in accordance with the following principles: (a) the need for an independent, objective and effective process for determining judicial compensation; (b) the need to present an objective and fair set of recommendations dictated by the public interest; (c) the constitutional guarantee of judicial independence. Expenses 5 (1) The Crown shall reimburse the Commission for all reasonable expenses incurred by the Commission in conducting the inquiry and preparing the report. (2) A commissioner is entitled to remuneration, and reimbursement for reasonable travel, accommodation and meal expenses, as determined by the Minister. (3) An individual judge, individual applications judge or member of the public whose attendance at the inquiry proceedings is required under section 7(9) is entitled to reimbursement for reasonable travel, accommodation and meal expenses as determined by the Minister. (4) The expenses referred to in subsections (2) and (3) must be reimbursed in accordance with any directive issued by the Treasury Board respecting travel, meal and hospitality expenses, as though the commissioner, individual judge, individual applications judge or member of the public, as the case may be, were an employee as defined in the Public Service Act . Costs of making submissions 6 (1) The Crown shall pay 50% of the reasonable costs incurred by the Association in making its submissions to the Commission to a maximum amount of $100 000. (2) On the application of the Minister, the reasonableness of the costs referred to in subsection (1), including lawyers’ charges and other costs of the proceedings before the Commission, may be reviewed by a review officer, in which case Rule 10.46 of the Alberta Rules of Court (AR 124/2010), including the right of appeal under Rule 10.46(4), applies. (3) The Commission shall not award costs for the making of any submission. (4) For greater certainty, the Commission’s mandate under section 4(2) to make recommendations respecting compensation for judges and applications judges does not include a mandate to make recommendations respecting costs incurred in making submissions to the Commission. Inquiry procedure 7 (1) Subject to this section, the Commission may determine its own inquiry procedure. (2) Section 17(2)(a) and (c) of the Interpretation Act do not apply. (3) The full membership of 3 commissioners provided for in section 3(1) constitutes the quorum at a meeting of the Commission. (4) The Commission may record any inquiry proceedings and direct that a transcript be prepared. (5) The Commission may accept such evidence as is relevant to the determination of the issues and is not required to adhere to the rules of evidence applicable to courts of civil or criminal jurisdiction. (6) Subject to subsection (8)(b), the following may make oral or written submissions to the Commission without leave of the Commission: (a) the Minister; (b) the Association; (c) the Association of Applications Judges; (d) an individual judge; (e) an individual applications judge. (7) Any member of the public is entitled to attend the inquiry proceedings and, without leave of the Commission, to make written submissions to the Commission. (8) The Commission may (a) grant leave to any member of the public to make oral submissions, or (b) limit to written submissions any submission from an individual judge or applications judge, after hearing submissions made by the Minister and the Association on whether or not to do so. (9) The Commission may require the attendance of any individual judge, individual applications judge or member of the public who has made written submissions and may require that person to respond to any questions from either the Minister or the Association, or both, as well as from the Commission, and if the person fails to appear or to respond to any of those questions, the Commission may ignore those written submissions. (10) The Commission may, on application by the Minister or the Association, or both, direct the Minister or the Association, or both, to produce any document, record or other information that (a) the Minister or the Association possesses or controls, (b) the Commission considers relevant to the inquiry, and (c) is not subject to privilege. (11) The testimony of witnesses must be under oath or affirmation. (12) The recommendations must be based solely on the evidence accepted by the Commission. (13) If the Commission makes any recommendation by a simple majority on any matter, the commissioner in the minority may make a minority recommendation on that matter. Criteria for recommendations 8 (1) In this section, “generally accepted current and expected economic conditions” in respect of a jurisdiction includes, without limitation, (a) real gross domestic product, (b) real gross domestic product per capita, (c) the employment rate, (d) the unemployment rate, (e) the labour force participation rate, and (f) the consumer price index. (2) The Commission, in making the recommendations, shall consider the following criteria: (a) the constitutional law of Canada and the need to maintain the independence of judges and applications judges; (b) the generally accepted current and expected economic conditions in Alberta, and the resulting impact on the price of labour in Alberta; (c) the change in the cost of living in Alberta; (d) the current and expected financial position of the Government over the fiscal years that are the subject of the recommendations; (e) the level of increases or decreases, or both, provided to other programs and persons funded by the Government; (f) the roles, duties and jurisdiction of judges and applications judges; (g) compensation provided to judges and applications judges in other Canadian jurisdictions, having regard to the differences between those jurisdictions and Alberta, especially as they relate to differences in the matters referred to in clauses (b), (c) and (d) in respect of those other jurisdictions; (h) the need to attract highly qualified applicants as judges and applications judges. (3) The report of the Commission must explain how each criterion relates to its recommendations. (4) The Commission may consider additional criteria, but if it does so, the report of the Commission must explain the relevance of the additional criteria. Presentation of report to Minister and Association 9 (1) The Commission shall present the report containing its recommendations to the Minister and the Association on the date set by the Minister. (2) The Association may distribute the report to (a) the office of the Chief Justice of the Court of Justice, (b) the office of the Chief Justice of the Court of King’s Bench, and (c) any judges or applications judges affected by the report. (3) The Minister may distribute the report to the Lieutenant Governor in Council and Government officials as required for the purpose of obtaining the order under section 13(1). Amendment of report 10 (1) The Commission may amend the report presented under section 9 after reviewing any submissions made by the Minister or the Association if (a) the Commission is satisfied that the report (i) fails to deal with an issue raised during the inquiry, or (ii) contains an obvious error, and (b) the Minister or the Association, within 30 days after the date set by the Minister under section 9, requests that the Commission amend the report. (2) If the Commission decides under subsection (1) to amend the report, the Commission shall present the amended report to the Minister and the Association within 30 days after receiving a request under subsection (1)(b). (3) An amended report may differ from the report presented under section 9 only so far as is necessary to deal with the matters referred to in subsection (1)(a). (4) Nothing requires the Minister or the Association to make a request under subsection (1)(b). Confidentiality of report 11 Subject to section 9, no person having access to the report or any proposed recommendations in it shall disclose it or them to any other person, unless by order of a court, until the order referred to in section 13(1) has been made or the recommendations are deemed to have been accepted under section 13(2). Effect of recommendations on Crown 12 (1) Subject to subsection (2), a recommendation made by the Commission is binding on the Crown. (2) A recommendation made by the Commission is not binding on the Crown if or to the extent that it is not accepted, with reasons given, by the Lieutenant Governor in Council in accordance with section 13(1). Lieutenant Governor in Council’s decision on recommendations 13 (1) The Lieutenant Governor in Council shall make an order containing the decisions on the recommendations made by the Commission and, if any of those recommendations are not accepted, providing reasons for the non‑acceptance. (2) Notwithstanding subsection (1), if the Lieutenant Governor in Council does not make an order under subsection (1) within 120 days after the date set by the Minister under section 9, or within 120 days after the date an amended report is presented to the Minister and the Association under section 10, whichever is later, the recommendations of the Commission in the report or amended report, as the case may be, are deemed to have been accepted. Judicial review 14 (1) If (a) the Lieutenant Governor in Council decides, with reasons, not to accept any of the recommendations in whole or in part, (b) the Association or any judge or applications judge brings an application for judicial review of that decision, and (c) that application is successful, the Court may not make the recommendations binding on the Crown but may refer the recommendations to the Lieutenant Governor in Council or to the Commission for a reconsideration. (2) If the Court makes the reference under subsection (1), the Lieutenant Governor in Council or the Commission, as the case may be, has 120 days from the day that the application was granted to reconsider the recommendations in accordance with the directions, if any, of the Court. Expiry 15 This Regulation expires on March 31, 2031. Coming into force 16 This Regulation comes into force on April 1, 2025.