Bill S-5 explained in plain English
An Act to amend the Judges Act
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 43rd Parliament, 2nd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
This bill amends the Judges Act to reform the process for reviewing the conduct of federally appointed judges.
Bill S-5, an Act to amend the Judges Act, proposes to change the process for reviewing the conduct of federally appointed judges. It introduces a new system for addressing misconduct that is not severe enough to warrant removal from office and modifies how recommendations for removal are made to the Minister of Justice. This new process will also apply to individuals appointed under an Act of Parliament to hold office during good behaviour.
- Establishes a new process for reviewing allegations of misconduct against federally appointed judges that are not serious enough to warrant removal.
- Modifies the existing process for making recommendations regarding the removal of judges from office.
- Changes the definitions of 'Commissioner' and 'Minister' within the Judges Act.
- Applies the new conduct review process to individuals other than judges who are appointed to hold office during good behaviour.
- Repeals certain interpretation sections and headings from the Judges Act.
- Amends various sections of the Judges Act, including those related to financial provisions and the application of certain sections to prothonotaries of the Federal Court.
- Introduces new Parts and Divisions to the Judges Act, creating a detailed framework for conduct review, including complaint processes, screening, review panels, hearing panels, and appeals.
- Specifies how inquiries and investigations commenced before the Act comes into force will be handled.
- Provides for the appointment of a Commissioner for Federal Judicial Affairs and makes consequential amendments to various sections of the Judges Act.
- Federally appointed judges.
- Prothonotaries of the Federal Court.
- The Canadian Judicial Council.
- The Minister of Justice.
- The Governor in Council.
- Attorneys General of provinces.
- Persons appointed under an Act of Parliament to hold office during good behaviour (other than judges).
- The public, through the conduct review process of judges.
- Judges have the right to be heard, cross-examine witnesses, and adduce evidence during conduct review proceedings.
- Judges are to be provided with statements of allegations and reasonable notice of hearings.
- The Council is obligated to establish rosters of judges and lay persons for review panels.
- The Council must make certain criteria and rosters public.
- Complainants have rights regarding notification of decisions.
- The Minister of Justice is required to respond publicly to reports on judges' conduct.
- The Governor in Council has the power to grant leave of absence or remove individuals from office based on recommendations.
- The Act comes into force on a day to be fixed by order of the Governor in Council.
- Specific transitional provisions apply to inquiries and investigations commenced before the Act comes into force.
- For a report recommending removal made under the old section 65, a judge has 30 days after the Act comes into force to file a notice of appeal to the Supreme Court of Canada.
- A review of financial provisions (sections 144-146) is to be conducted within 18 months of the first report under section 160 and every five years thereafter.
- Salaries, allowances, and annuities payable under Parts I to III and certain other sections of the Judges Act are to be paid out of the Consolidated Revenue Fund.
- The Act authorizes regulations for fees, allowances, and expenses related to the conduct review process.
- The Commissioner will establish guidelines for these fees, allowances, and expenses.
- Amounts payable for the conduct review process, including expenses for panel members, presenting counsel, legal representation for judges, and administrative costs, will be paid out of the Consolidated Revenue Fund.
- Payments for lawyers representing judges are restricted to proceedings under this Part and appeals to the Supreme Court of Canada.
- The Act establishes a new process for reviewing judge's conduct which can result in actions such as expressions of concern, warnings, reprimands, orders to apologize, or orders to take specific measures.
- If a full hearing panel determines removal from office is justified, the Governor in Council may order the removal.
- The Act does not establish new penalties in the sense of fines or imprisonment, but outlines a disciplinary process for judges and other office holders.
- A screening officer may dismiss a complaint if it is found to be frivolous, vexatious, made for an improper purpose, or an abuse of process.
- A screening officer shall not dismiss a complaint alleging sexual harassment or discrimination.
- The specific day on which the Act comes into force is not yet determined, as it is subject to an order of the Governor in Council.
- The precise criteria for establishing rosters of judges and lay persons, and screening criteria for lay persons, are to be established by the Council and made public.
- The extent to which the Council may prohibit publication of information or documents in conduct review proceedings is subject to the opinion of the panel that it is not in the public interest.
- The Act provides for the possibility of a coordinating amendment with Bill C-30, which could result in the repeal of Division 26 of Bill C-30 if certain conditions are met.
- The application of the Act to persons other than judges is contingent on them being appointed to hold office during good behaviour.
- Decisions made under the Act are final and not subject to review in any court, except as provided for within the Act itself.
Replaces subsection 2.1(1) to specify which sections apply to a prothonotary of the Federal Court.
Source: Section 2
Replaces subsections 53(1) to (3) concerning amounts payable out of the Consolidated Revenue Fund.
Source: Section 4
Replaces paragraph 59(1)(a) concerning the chairperson of the Canadian Judicial Council.
Source: Section 6
Amends subsection 60(2) by adding 'and' and repealing paragraphs (c) and (d).
Source: Section 7
Replaces sections 62 to 71, which deal with inquiries concerning judges and other persons, with new provisions for the conduct review process.
Source: Section 9
Adds Part IV, establishing a new conduct review process for judges and other office holders.
Source: Section 11
Replaces references to 'Minister of Justice of Canada' with 'Minister' in various sections (English version).
Source: Section 12(1)
Replaces references to 'ministre de la Justice du Canada' with 'ministre' in various sections (French version).
Source: Section 12(2)
Replaces references to 'Minister of Justice' with 'Minister' in various sections (English version).
Source: Section 12(3)
Makes consequential amendments related to the new conduct review process, including provisions for inquiries and investigations commenced before the Act comes into force.
Source: Sections 13-15
Includes a coordinating amendment if Bill C-30 receives royal assent and this Act comes into force on or before that day, potentially repealing Division 26 of Bill C-30.
Source: Section 16
The Governor in Council may make regulations respecting fees, allowances, and expenses paid or reimbursed under Division 1 of Part IV.
Source: Section 144
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textThe official summary published alongside the bill, shown exactly as written.
Source: Parliament of Canada (LEGISinfo)
A legislative summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. Meanwhile, the following executive summary is available. On 25 May 2021, Sen. Marc Gold introduced Bill S-5, An Act to amend the Judges Act, in the Senate and it was given first reading. Bill S-45 amends the Judges Act to replace the process through which the conduct of federally appointed judges is reviewed by the Canadian Judicial Council. It establishes a new process for reviewing allegations of misconduct that are not serious enough to warrant a judge’s removal from office and makes changes to the process by which recommendations regarding removal from office can be made to the Minister of Justice. As with the provisions it replaces, this new process also applies to persons, other than judges, who are appointed under an Act of Parliament to hold office during good behaviour.
This is the official summary published by the Parliament of Canada, shown verbatim. Not legal advice. PoliticalData.ca did not write or edit this text.
View on LEGISinfoParliamentary Process
Bill S-5, an Act to amend the Judges Act, had its first reading in the Senate on May 25, 2021, and proceeded to second reading where the sponsor delivered a speech on June 15, 2021.
Bill S-5, an Act to amend the Judges Act, completed its first reading in the Senate on May 25, 2021. The bill is currently at the second reading stage. The sponsor's speech for the second reading was delivered by Senator Pierre Dalphond on June 15, 2021.
In a Senate sitting on May 25, 2021, Bill S-5 received first reading, and extensive debates occurred on multiple other bills, alongside senators' statements on various national and international issues.
The Senate convened on May 25, 2021. During this sitting, several procedural matters were addressed, including the adoption of a motion to alter the schedule for considering Bill S-4. Bill S-5, an Act to amend the Judges Act, was introduced and received first reading. Additionally, messages were received from the House of Commons concerning Bills C-208 (Income Tax Act), C-220 (Canada Labour Code), and C-210 (Canada Revenue Agency Act), all of which were also given first reading. Several other bills were debated at second reading, including Bill S-4 (Parliament of Canada Act), Bill S-202 (Assisted Human Reproduction Act), Bill S-208 (Criminal Records Act), Bill S-207 (Criminal Code - judiciary independence), Bill S-212 (Criminal Code - juror disclosure), Bill S-222 (Income Tax Act - charities), Bill S-225 (Copyright Act - journalistic works), Bill S-229 (Controlled Drugs and Substances Act - decriminalization), and Bill C-218 (Criminal Code - sports betting). Senators also delivered statements on various topics, including Asian Heritage Month, anti-Semitism, the federal greenhouse gas offset system, and the COVID-19 vaccine rollout. A point of order was raised and subsequently addressed by the Speaker. The sitting concluded with the adjournment of proceedings.
Bill S-5, concerning amendments to the Judges Act, was undergoing debate at the second reading stage in the Senate as of June 15, 2021.
This record describes the status of Bill S-5, An Act to amend the Judges Act, in the Senate. The bill was at the second reading stage, meaning it was being debated. The latest activity noted was the sponsor's speech on June 15, 2021. The bill had its first reading on May 25, 2021.
In the Senate on June 15, 2021, Senator Pierre J. Dalphond introduced Bill S-5, an act to amend the Judges Act, aimed at modernizing the judicial conduct complaint process, which was then debated and questioned by other senators.
During this Senate sitting on June 15, 2021, the Senate debated Bill S-5, an act to amend the Judges Act. Senator Pierre J. Dalphond introduced the bill at second reading, explaining its purpose is to modernize the process for handling complaints against federally appointed judges. He highlighted that the bill aims to make the process fairer, more efficient, and less costly by introducing new measures such as freezing pension entitlements when a judge's removal is recommended, replacing judicial review with an internal appeal process, and establishing a statutory appropriation for hearing costs. He stated that the bill has the support of the Canadian Judicial Council and the Canadian Superior Courts Judges Association. Senators Denise Batters, Renée Dupuis, and Marty Klyne asked questions regarding the bill's initiation in the Senate, the funding of legal counsel, translation services during briefings, the minister's response timelines, and the process for imposing sanctions. The debate on Bill S-5 was ongoing at the end of the sitting.
On June 15, 2021, the Senate held tributes, presented committee reports, engaged in Question Period on various issues, debated Bill C-15 (United Nations Declaration on the Rights of Indigenous Peoples), defeated an amendment to it, and began second reading debate on Bill S-5 (Judges Act) concerning judicial conduct processes.
This document is a record of proceedings in the Senate on June 15, 2021. It includes tributes to departing pages, statements on various topics such as the renaming of institutions, the death of Constable Shelby Patton, Indigenous History Month, Deafblind Awareness Month, and the Inspiring Healthy Futures initiative. It also details the tabling and presentation of several committee reports on various bills, including those related to the Canada Labour Code, International Mother Language Day, a national framework for diabetes, restricting young persons from online pornography, and reducing recidivism. Two new bills were introduced and read for the first time: one to amend the Criminal Code, and another concerning the financial stability of post-secondary institutions. The Senate then moved into Question Period, where senators asked questions of the Government Representative on topics such as mandatory quarantine rules, the Liberal Party's acceptance of a Member of Parliament, Canada's commitment to fighting HIV/AIDS, consultations on Bill C-15, responses to senators' questions, money laundering and art theft, access to high-speed broadband, anti-Muslim extremism, and advertising directed at children. The Senate also began debate on the third reading of Bill C-15, an Act respecting the United Nations Declaration on the Rights of Indigenous Peoples. A motion in amendment to Bill C-15 was proposed and subsequently negatived. The Senate then began second reading debate on Bill S-5, an Act to amend the Judges Act, which focuses on modernizing the process for handling complaints against federally appointed judges.
Bill S-5, an Act to amend the Judges Act, is currently at the second reading stage in the Senate and has not yet reached third reading.
This record indicates that Bill S-5, an Act to amend the Judges Act, has not yet reached the third reading stage in the Senate. The latest activity shown is the debate at the second reading stage on Tuesday, June 15, 2021, where a sponsor's speech was given. The bill was first read on Tuesday, May 25, 2021.
This artifact notes that the House of Commons First Reading for Bill S-5 has not yet occurred, with the bill currently being at the second reading stage in the Senate.
This artifact describes the House of Commons First Reading stage for Bill S-5, An Act to amend the Judges Act. According to the provided information, this stage has not yet been reached. The bill's current status is "At second reading in the Senate," with its latest activity being a debate at second reading on Tuesday, June 15, 2021, in the Senate. The First Reading occurred on Tuesday, May 25, 2021.
Bill S-5, an Act to amend the Judges Act, has not yet undergone second reading in the House of Commons, with its most recent procedural activity being a second reading debate in the Senate.
This record indicates that Bill S-5, concerning amendments to the Judges Act, has not yet reached the second reading stage in the House of Commons. The latest activity noted is a debate at second reading in the Senate on June 15, 2021. The bill had its first reading on May 25, 2021.
Bill S-5 has not yet reached committee stage in the House of Commons and is currently at second reading in the Senate.
This artifact indicates that Bill S-5, an Act to amend the Judges Act, has not yet reached the stage of 'Consideration in committee' in the House of Commons. The bill's current status is 'At second reading in the Senate'. The most recent activity recorded was a debate at second reading in the Senate on Tuesday, June 15, 2021, which included a speech by Senator Pierre Dalphond.
Bill S-5, an Act to amend the Judges Act, is currently at second reading in the Senate, with a debate having occurred on June 15, 2021, and its Report stage in the House of Commons not yet reached.
This artifact describes the legislative process for Bill S-5, an Act to amend the Judges Act. The bill has reached the Report stage in the House of Commons, but this stage has not yet occurred. The bill's current status is at second reading in the Senate. The latest activity noted was a debate at second reading in the Senate on June 15, 2021. The bill had its first reading on May 25, 2021. A major speech was given by Senator Pierre Dalphond at the second reading in the Senate on June 15, 2021.
Bill S-5, an Act to amend the Judges Act, has reached the 'House of Commons Third reading' stage but has not yet occurred, while its overall status is 'At second reading in the Senate', with the latest activity being a debate in the Senate on June 15, 2021.
This artifact describes the procedural status of Bill S-5, an Act to amend the Judges Act. The bill has reached the stage of 'House of Commons Third reading' but this stage has not yet occurred ('Not reached'). The current overall status of the bill is 'At second reading in the Senate'. The latest activity noted was a debate at second reading in the Senate on Tuesday, June 15, 2021, which included a speech by Senator Pierre Dalphond.
Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.
Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
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Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced