Nova Scotia was the first province in Canada to create a tribunal to make recommendations to government regarding judges' compensation. This was as a result of a leading decision from the Supreme Court of Canada.2 The two initial tribunal members were appointed by the Nova Scotia Provincial Judges Association and the Minister of Justice. These members then agreed to the nomination of a third individual to serve on the tribunal. Pursuant to the judgment and subsequent legislation, the tribunal was given a specific mandate. Section 21E (1)3 provides as follows:
"A tribunal shall inquire into and prepare a report containing recommendations with respect to:
(a) the appropriate level of salaries to be paid to judges of the Provincial Court and Family Court, including the chief judge and associate chief judge of each court;
(b) the appropriate level of per diem payments, or payments for part of a day, made to judges for presiding in the Provincial Court or the Family Court where those judges are not receiving salaries;
(c) the appropriate vacation and sick-leave benefits to be provided to judges of the Provincial Court and Family Court;
(d) pension benefits, long-term disability benefits or salary continuation, life insurance and health and dental benefits for judges of the Provincial Court and the Family Court and the respective contributions of the Province and the judges for such benefits; and
(e) other non-discretionary benefits for judges for the Provincial Court and Family Court."
While making its recommendations, the tribunal must take certain factors into account. These are as follows:
(a) the constitutional law of Canada;
(b) the need to maintain independence of the judiciary;
(c) the need to attract excellent candidates for appointment as judges;
(d) the unique nature of the judges role;
(e) the manner in which salaries and benefits paid to judges in the Province compares to judicial compensation packages in other jurisdictions in Canada, including the federal jurisdiction, having regard to the differences between those jurisdictions;
(f) the provision of fair and reasonable compensation for judges in light of prevailing economic conditions in the Province and the overall stale of the Provincial economy;
(g) the adequacy of judges salaries having regard to the cost of living and the growth or decline in real per capita income in the Province;
(h) the relevant submissions made to the tribunal;
(i) the nature of the jurisdiction and the responsibility of the court; and
(j) other such factors as the tribunal considers relevant to the matters in issue.
The tribunal received written submissions and heard oral submissions from the Judges Association, the Government and the public. After careful consideration of the evidence and the ten relevant factors enumerated above, the tribunal made various recommendations. These recommendations dealt with issues pertaining to increase in salary of judges at different levels, paid vacation leave, pension plans, travel compensation and income protection that covers sick leave and disability.
Province of Alberta
The Province of Alberta also established a Judicial Compensation Commission in 2OOO4. As per the Regulation, the terms of reference when conducting an inquiry includes:
"(a) the appropriate level of compensation for judges sitting full or part-time or on a supernumerary basis;
(b) the appropriate design and level of judges pension benefits of all kinds;
(c) the appropriate level and kind of benefits and allowances of judges, and
(d) such other issues relevant to the financial security of the judges which the Commission agrees to resolve."
This Commission, unlike the Nova Scotia Tribunal, consists of a single member who is appointed by the Minister with the agreement of the Association and the Chief Judge of the Provincial Court. The Commission received submissions from the Government, the Judges' Association and the Law Society of Alberta. Section 25 of the regulation is similar, if not identical, to section 21E (1) of the Provincial Court Act of Nova Scotia. The Alberta Judicial Compensation Commission was required to take into account the submissions and the relevant criteria as listed in section 25 when making its recommendations.
It must be noted that the criteria or factors that tribunals or commissions take into consideration are similar to statutory provisions in other federal, provincial and territorial legislation dealing with judicial compensation in Canada. Recommendations of commissions or tribunals are not binding on the executive or legislature. However, if the executive or legislature choose to depart from them, they have to justify their decision to do so.
United Kingdom
The Review Body on Senior Salaries was established in 1971. It consists of 11 members. The Review Body provides independent advice to the Prime Minister, the Lord Chancellor and the Secretary of State for Defence on the remuneration of holders of judicial office; senior civil servants; senior officers of the armed forces; and other such public appointments as may from time to time be specified. In reaching its recommendations, the Review Body must take the following into consideration:
"(a) the need to recruit, retain and motivate suitably able and qualified people to exercise their different responsibilities;
(b) to ensure that, as appropriate, the remuneration of the remit groups relate coherently to that of their subordinates, encourages efficiency and effectiveness, and takes account of the different management and organization structures that may in place from time to time;
(c) to maintain the confidence of those covered by the Review Body’s remit that its recommendations have been properly and fairly determined,
(e) the review body will take account of the evidence it receives about wider economic considerations and the affordability of its recommendations."
For salary purposes, the judicial officers are divided into 9 salary groups according to status and functions. When making recommendations, the Review Body considers any factors that the Government and other witnesses may draw to its attention.
ANNEXURE 1
SALARY MECHANISM FOR JUDGES
Canada
The Supreme Court of Appeal in Canada has dealt with the case that involves the salary mechanism for judges. The Canadian approach when it comes to salaries for judges is that a commission must be appointed. In Manitoba Provincial Judges Assn V Manitoba (Minister of Justice),1the Supreme Court of Appeal had to deal with the appeals of the Provincial Court Judges of Prince Edward Island, Manitoba and Alberta. The Provincial Court Judges alleged the reduction on their salaries affected their judicial independence guaranteed under section 11(d) of the Canadian Charter of Rights and Freedoms. The court looked at section 11(d) of the Charter, which protects the judicial independence of the courts that exercise jurisdiction over offences. The Provincial Court Judges argued that the reduction of their salary was infringing section 11(d). The Court stated that:
"First, as a general constitutional principle, the salaries of provincial court judges can be reduced, increased, or frozen, either as part of an overall economic measure which affects the salaries of all or some persons who are remunerated from public funds, or as part of a measure which is directed at provincial court judges as a class. However, any changes to or freezes in judicial remuneration require prior recourse to a special process, which Is independent, effective, and objective, for determining judicial remuneration, to avoid the possibility of, or the appearance of, political interference through economic manipulation. What judicial independence requires is an independent body, along the lines of the bodies that exist in many provinces and at the federal level to set or recommend the levels of judicial remuneration. Those bodies are often referred to as commissions, and for the sake of convenience, we will refer to the independent body required by 5. 11(d) as a commission as well. Governments are constitutionally bound to go through the commission process. The recommendations of the commission would not be binding on the executive or the legislature. Nevertheless, though those recommendations are non-binding, they should not be set aside lightly, and, if the executive or the legislature chooses to depart from them, it has to justify its decision -- if need be, in a court of law. As I explain below, when governments propose to single out judges as a class for a pay reduction, the burden of justification will be heavy."
The court stated that the commission must be independent, effective and objective. Changes in salary will be made after the government has received a report from the commission. This ensures the effectiveness of the commission. The court also held that the judges cannot negotiate their salaries individually or collectively with the executive or legislative. The commission is to prevent change or freezing of judicial remuneration from being used as a means to exert political pressure through economic manipulation.
A court needs to use the test of rationality when determining why the government has refused the recommendation of a commission. The government must give a legitimate reason why it has chosen to depart from the recommendations of a commission. The court screens out the decisions that are purely based on political considerations or which are enacted for discriminatory reasons that relate to public interest. The court must inquire into the reasonableness of the factual foundation of the claim made by the government.
United States of America
The American Bar Association and the Federal Bar Association2 (the "Association") state in their report that in the past, Congress established an Independent Commission that dealt with the adjustment of salaries of judges, Congress and other high ranking officials. The Commission handed the recommendations to the President. The President had to make final recommendations that became effective only if Congress did not reject them. However, the Commission was replaced by another Commission that was established under the Ethics Reform Act 1989. The new commission never became effective since 1993. The Association also states that when determining judges salaries, one has to take the inflation rate into account. The Association indicates that the consumer price index since 1993 has risen by 22,5 % while the judges salaries have risen by 12,1 %. The Association's report shows that judges have been put in difficult financial position and there is a need that there must a Commission that must be established to look at the salary adjustment for judges so that it will keep up with the inflation rate.
Chief Justice Willem H Rehnquist stated in his report3 that there is a need for Congress to increase the judges' salaries so that it can match up with the inflation rate. Chief Justice Rehnquist also stated that Congress must enact legislation that will restore the Employment Cost Index adjustment so that there can be an increase in judges' salaries by 9,6 %.
Annexure 2 BILL NO.68
(as amended)
1st Session, 57th General Assembly
Nova Scotia
47 Elizabeth II, 1998
Government Bill
Provincial Court Act
(amended)
CHAPTER 7 OF THE ACTS OF 1998
The Honourable James A. Smith, M.D.
Minister of Justice
First Reading: November 6, 1998
Second Reading: November 13, 1998
Third Reading: November 17, 1998 (WITH COMMITTEE AMENDMENTS)
Royal Assent: November 18, 1998
An Act to Amend Chapter 238
of the Revised Statutes, 1989,
the Provincial Court Act Be it enacted by the Governor and Assembly as follows:
1 Section 21 of Chapter 238 of the Revised Statutes, 1989, the Provincial Court Act, is repealed and the following Sections substituted:
21 In Sections 21A to 21N,
(a) "Association" means the Nova Scotia Provincial Judges' Association;
(b) "Minister" means the Minister of Justice.
21A (1) There shall be a tribunal to determine the salaries and benefits for judges of the Provincial Court and judges of the Family Court, including the chief judge and the associate chief judge of each court.
(2) A tribunal shall be composed of three persons,
(a) one of whom shall be appointed by the Association;
(b) one of whom shall be appointed by the Minister; and
(c) one of whom shall be appointed by the persons referred to in clauses (a) and (b).
(3) The person referred to in clause (c) of subsection (2) is the chair of the tribunal.
(4) Unless the Association and the Minister agree otherwise, no active or retired Provincially appointed or federally appointed judge, no member or former member of the House of Assembly, no elected member of a municipal council or school board and no employee, as defined in the Public Service Superannuation Act, shall be appointed pursuant to subsection (2).
(5) Where the members appointed pursuant to clauses (a) and (b) of subsection (2) cannot agree on a member to be appointed pursuant to clause (c) of subsection (2), the Dean of Dalhousie Law School, after consultation with the Minister and the Association, shall appoint the chair of the tribunal.
(6) Subject to subsections (7) and (8),
(a) a member of the first tribunal holds office for a term that expires on the thirty-first day of October, 2001; and
(b) a member of a subsequent tribunal holds office for a term that expires on the thirty-first day of October of the third year after the year of the member's appointment.
(7) Where a vacancy exists on a tribunal, the person or persons who appointed the member whose position is vacant may appoint a replacement member for the unexpired portion of the member's term.
(8) Where a term of the members of a tribunal expires before the members have completed a report, the members may complete the report as though the term had not expired.
(9) The members of a tribunal are entitled to such remuneration and reimbursement for such reasonable expenses as determined by the Minister.
21B The members of the first tribunal shall be appointed on or before the first day of December, 1998, and the members of each subsequent tribunal shall be appointed on or before the first day of November of the year in which the tribunal is established.
21C The persons appointed to a tribunal pursuant to Section 21A have all the powers, privileges and immunities of a commissioner appointed pursuant to the Public Inquiries Act.
21D (1) Subject to this Section, a tribunal may determine its own procedures, including procedures for the making of submissions to the tribunal.
(2) Any member of the public or interested group is entitled to attend a hearing of a tribunal and submit a written submission to the tribunal.
(3) A tribunal may limit submissions, except those from the Minister or the Association, to written submissions only.
(4) Any person is entitled to receive a copy of a written submission made to a tribunal upon paying a reasonable fee for copying.
21E (1) A tribunal shall inquire into and prepare a report containing recommendations with respect to
(a) the appropriate level of salaries to be paid to judges of the Provincial Court and the Family Court, including the chief judge and associate chief judge of each court;
(b) the appropriate level of per diem payments made to judges for presiding in the Provincial Court or the Family Court where those judges are not receiving salaries;
(c) the appropriate vacation and sick-leave benefits to be provided to judges of the Provincial Court and the Family Court;
(d) pension benefits, long-term disability benefits or salary continuation, life insurance and health and dental benefits for judges of the Provincial Court and the Family Court arid the respective contributions of the Province and the judges for such benefits; and
(e) other non-discretionary benefits for judges of the Provincial Court and the Family Court.
(2) Where there is a dispute as to whether a benefit referred to in clause (e) of subsection (1) is a non-discretionary benefit, the Minister or the Association may, within thirty days of receipt of the report, appeal to the Nova Scotia Court of Appeal to have the question determined.
(3) When making recommendations pursuant to this Section, a tribunal shall take into consideration the following:
(a) the constitutional law of Canada;
(b) the need to maintain the independence of the judiciary;
(c) the need to attract excellent candidates for appointment as judges;
(d) the unique nature of the judges' role;
(e) the manner in which salaries and benefits paid to judges in the Province compares to judicial compensation packages in other jurisdictions in Canada, including the federal jurisdiction, having regard to the differences between those jurisdictions;
(f) the provision of fair and reasonable compensation for judges in light of prevailing economic conditions in the Province and the overall state of the Provincial economy;
(g) the adequacy of judges' salaries having regard to the cost of living and the growth or decline in real per capita income in the Province;
(h) the relevant submissions made to the tribunal;
(i) the nature of the jurisdiction and responsibility of the court; and
(j) other such factors as the tribunal considers relevant to the matters in issue.
21F The report of the first tribunal shall contain recommendations covering the period from the first day of April, 1999, to the thirty-first day of March, 2002, inclusive, and the report of each subsequent tribunal shall cover a similar three-year period.
21G (1) The report of the first tribunal shall be submitted to the Minister on or before the first day of March, 1999.
(2) The report of each subsequent tribunal shall be submitted to the Minister on or before the first day of February of the year following the year in which the tribunal is established.
21H (1) Where a tribunal is not able to deliver a unanimous report, the report of the majority of the members of the tribunal is the report of the tribunal or, where there is no majority report, the report of the chair is the report of the tribunal.
(2) The report of a tribunal, including any minority report, shall be delivered immediately to the Minister and the Association.
(3) Copies of the reports referred to in this Section shall be made available, upon request, to any person.
21I(1) The Minister shall introduce in the House of Assembly the necessary legislation to implement, on or before the first day of April, 2000, the recommendations contained in the report of the first tribunal that require legislation.
(2) All recommendations contained in the report of the first tribunal, other than those referred to in subsection (1), shall be implemented and shall take effect on the first day of April, 1999, or such later date as determined by the tribunal.
21J (1) Recommendations made in the reports of the second and subsequent tribunals, other
than those that require legislation, take effect on the first day of April immediately following the year in which the tribunal is appointed, or such later date as determined by the tribunal.
(2) Where recommendations of a tribunal require legislation for implementation, the
Minister shall, within one year of the report of the tribunal, introduce in the House of
Assembly the necessary legislation to implement the recommendations.
21K Upon receipt of the report from a tribunal, the Minister shall forward the report to the Governor in Council and the Governor in Council shall cause the recommendations contained in the report pursuant to subsection (1) of Section 21E to be implemented and the recommendations have the same force and effect as if enacted by the Legislature and are in substitution for the provisions of this Act or the Family Court Act or any regulations made pursuant to this Act or the Family Court Act relating to those matters.
21L (1) The Minister shall forward to a tribunal for review and comment any proposed legislation that deals with those matters referred to in subsection (1) of Section 21E and that may affect judges of the Provincial Court or the Family Court.
(2) The tribunal shall provide the Minister with its comments within thirty days of the referral to the tribunal, unless the Minister specifies a longer period of time for review and comment by the tribunal.
21M (1) The Minister or the Association may, within fifteen days of the receipt of a report of a tribunal, request that the tribunal amend, alter or vary its report where the Minister or the Association are of the view that the tribunal failed to deal with a matter arising from an inquiry or that the tribunal made an error that is apparent on the face of the report.
(2) Where the tribunal amends, alters or varies its report pursuant to subsection (I), the tribunal shall, within fifteen days, deliver to the Minister and the Association the amended, altered or varied report.
(3) The amendments, alterations or variations in the report referred to in subsection (2) shall only deal with matters referred to the tribunal pursuant to subsection (1).
(4) The decision of the tribunal pursuant to this Section is final and binding on the Minister and the Association.
21N (1) In this Section,
(a) "current judges" means any sitting judges, other than retired judges, appointed before a new plan becomes effective;
(b) "existing plan" means the pension plan in effect for the judges on the coming into force of this Act;
(c) "future judges" means any judges appointed after a new plan becomes effective;
(d) "new plan" means any alternative plan or amendments to the existing plan recommended by a tribunal and brought into effect by an enactment.
(2) Where a new plan is brought into effect, any current judges may, within thirty days of the date the new plan becomes effective, elect in writing, in the form approved by the Superintendent of Pensions, to become members of the new plan.
(3) Any current judges who do not elect in writing to become members of the new plan in accordance with subsection (2) remain members of the existing plan.
(4) Any future judges shall be members of the new plan.
Canada
Copyright of Alberta Statutes and Regulations, belongs to the Province of Alberta. No person may reproduce copies of the legislation for any purpose other than personal use without the consent of the Alberta Queen's Printer.
AR 100/2000 Alberta provincial Judges Compensation Commission (no amdt)
ALBERTA REGULATION 100/2000
Judicature Act
ALBERTA PROVINCIAL JUDGES COMPENSATION COMMISSION REGULATION
Table of Contents
Definitions 1
Role of the Commission 2
Commission 3-6
Scope of the inquiry 7
Commission report B-ll
Inquiry and report procedures 12-26
Review 27
Communication 28-29
Costs 30
judicial review 31
Notice 32
Effect of regulation 33
Definitions
1 In this Regulation,
(a) "Association" means the Alberta provincial Judges' Association;
(b) "Commission means the Alberta Judicial Compensation Commission appointed under section 3(3);
(c) "compensation" means the salary, pension, including the contributions of the Government of Alberta and a judge, benefits and allowances provided to the judges;
(d) "court" means The Provincial Court of Alberta;
(e) "Crown" means Her Majesty the Queen in right of Alberta as represented by the Minister;
(f ) "judges" means the judges of The Provincial Court of Alberta and the masters in chambers appointed under the Court of Queen's Bench Act;
(g) "Minister" means the Minister of Justice and Attorney General;
(h) "reasons" means an explanation that meets 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) "report" means the report of the Commission under section 8 and, if any, under section 26 and includes the recommendations relating to judicial compensation.
Role of the Commission
2(1) This Regulation provides a framework for establishing an independent, effective and objective commission for the determination of issues relating to judicial compensation.
(2) The inquiry process and the report of the Commission will contribute to maintaining and enhancing the independence of the court and the judges.
Commission
3 The Alberta Judicial Compensation Commission consists of one member who
is appointed by the Minister with the agreement of the Association and the
Chief Judge of the Provincial Court.
Commission
4 Active judges, members of the Legislative Assembly, members of other boards and commissions appointed by the Province of Alberta, persons who hold office by way of an appointment by the Province of Alberta and public service 'employees", as defined in the Public Service Act, may not be a member of the Commission.
Commission
5 The Crown shall pay the Commission member such remuneration and expenses, including but not limited to counsel, expert and secretarial services, as are reasonable in the circumstances and must make such resources available as the Commission determines to be necessary to assist it in the performance of its functions.
Commission
6 The Crown shall establish the remuneration for the Commission member.
Scope of the inquiry
7 The Commission must conduct an inquiry at such times as are determined by the Lieutenant Governor in Council respecting
(a) the appropriate level of compensation for judges sitting full or part time or on a supernumerary basis,
(b) the appropriate design and level of judges' pension benefits of all kinds,
(c) the appropriate level and kinds of benefits and allowances of judges, and
(d) such other issues relevant to the financial security of the judges which the Commission agrees to resolve.
Commission Report
8 The Commission must present a report to the Minister at a time determined by the Minister.
Commission report
9 Within 90 days of the presentation of the report under section 8, the Minister must place the report presented under section 8 before the Lieutenant Governor in Council, obtain its decision, and if any of the recommendations in the report are not accepted, ensure reasons for not accepting any of the recommendations in the report are provided.
Commission report
10 The effective date of any recommendations in a report are April 1, 2000 and are for the period April 1, 2000 to March 31, 2003 inclusive.
Commission report
11(1) The recommendations in a report are binding on the Crown unless the Lieutenant Governor in Council decides otherwise, in writing delivered to the Association within 90 days of presentation of the report under section B which decision must be accompanied by written reasons justifying the rejection of such recommendations in whole or in part.
(2) If the Commission amends, alters or varies the report, pursuant to section 26, the 90 days run from the date of variation.
Inquiry and report procedures
12 The Commission must give public notice of the commencement of its inquiry as it considers necessary and such notice must advise of the closing date for written submissions.
Inquiry and report procedures
13 The Crown and the Association may confer prior to, during or following the commencement of the inquiry for the purpose of creating, if possible, an agreed statement of facts and an agreed list of exhibits for the use of the Commission.
Inquiry and report procedures
14 (1) The Commission must consider all relevant written and oral submissions made to it by the Crown, the Association, individual judges and members of the public.
(2) Written submissions, information requests by the Crown and the Association and the responses to information requests, must be provided in accordance with the time lines set by the Commission.
(3) The Commission may on application direct the Crown and the Association to produce documents not subject to privilege.
Inquiry and report procedures
15(1) At the earliest opportunity, prior to the Commission hearing oral submissions, the Crown and the Association must meet with the Commission to address the scheduling of witnesses, the conduct of the inquire any preliminary matters that may arise and such other matters as the Commission sees fit.
(2) The Crown and the Association will provide agreed statement of facts and an agreed list of the extent that they have been able to agree on
the Commission with an exhibits to be filed, to them.
Inquiry and report procedures
16 The Commission may use a court reporter to record any oral evidence and must provide transcripts to those who request them and pay the required fee.
Inquiry and report procedures
17 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.
Inquiry and report procedures
18(1) Any member of the public is entitled to attend the inquiry and to make written submissions to the Commission.
(2) The Commission may, after hearing from the Crown and the Association, choose to limit to written submissions any submission from an individual judge
(3) The Commission may, after hearing from either the Crown or the Association, grant leave to any member of the public to make oral submissions.
(4) The Commission may require the attendance of any person who has filed a written submission and may require that person to respond to any questions from either the Crown or the Association, as well as from the Commission.
(5) If any person fails to appear when required to do so or to respond to questions as directed, the Commission may ignore the written submissions of the person who fails to appear or respond to a question as directed.
(6) The Commission may not award costs for written submissions but may award the reasonable travel, accommodation and meal expenses of anyone required by the Commission to attend.
Inquiry and report procedures
19 Any one requesting copies of any written submissions to the Commission is entitled to receive a copy of the submissions on payment of a reasonable fee.
Inquiry and report procedures
20 The recommendations in a report must be based solely on the evidence submitted to the Commission.
Inquiry and report procedures
21(1) Evidence may be presented to the Commission in either or both of the following:
(a) an agreed statement of facts and list of exhibits;
(b) the Crown and the Association may present evidence through its witnesses;
(2) The testimony of witnesses must be under oath or affirmation.
(3)The Association and individual judges who, at their own expense, wish to make personal oral submissions and have been granted leave to do so, must present their evidence first, following which the Crown must present its evidence and finally, the Association, including any individual judges who wish to make personal oral submissions, may present their rebuttal evidence.
(4) A witness is subject to direct examination, cross-examination and redirect examination and questioning by the Commission.
(5) Unless the Commission grants leave, only the Crown, the Association and individual judges may make oral submissions.
Inquiry and report procedures
22(1) After the Commission has heard the evidence, the Commission must hear oral argument from the Association and the Crown.
(2) The Association may proceed first and, if it does, it has the right of reply.
Inquiry and report procedures
23 The Commission may determine such other procedures as may be necessary to effectively carry out its inquiry.
Inquiry and report procedures
24 Prior to the commencement of the inquiry, either the Association or the Crown may initiate a reference to the Commission relating to procedure, by serving written notice on the Crown or the Association, as the case may be, and the Commission at least 3 clear days prior to the day on which the Commission commences its inquiry.
Inquiry and report procedures
25 The Commission, in making the recommendations in its report, must give every consideration to the following criteria:
(a) the constitutional law of Canada;
(b) the need to maintain the independence of the judiciary;
(C) the unique nature of the judges' role;
(d) the need to maintain a strong court by attracting highly qualified applicants;
(e) how the Alberta compensation package compares to compensation packages in other jurisdictions, having regard to the differences between these jurisdictions in Canada, including the federal jurisdiction;
(f) the growth and decline in real per capita income;
(g) the need to provide fair and reasonable compensation for judges in light of prevailing economic conditions in Alberta and the overall state of the economy;
(h) the cost of living index and the position of the judges relative to its increases;
(i) the nature of the jurisdiction of the court and masters in chambers;
(j) the current financial position of the government; and
(k) any other factors relevant to the matters in issue.
Inquiry and report procedures
26 The Commission may, within 15 days after presentation of the report under section 8, on application by either the Crown or the Association made within 7 days after the presentation of the report under section 8, subject to affording either the Crown or the Association, as the case may be, the opportunity to make representations to the Commission, amend, alter or vary its report where it is shown to the Commission's satisfaction that it has failed to deal with any matter properly arising from the inquiry or that an error is apparent in the report.
Review
27 The Crown and the Association may meet at any time to discuss improvements to the Commission inquiry process.
Communication
28 The Minister must advise the Association of any change made to the judges' compensation after the presentation of a report under section 8 within 7 days of the Lieutenant Governor in Council's decision to change the judges' compensation and the Association must inform the judges of any such change.
Communication
29(1) The Minister must provide the Association with one updated copy of the legislation, regulations or schedules related to changes described in section 28.
(2) The Association must provide the judges with updated copies of legislation, regulations or schedules as necessary.
Costs
30 The Commission may order the Crown to pay the reasonable costs incurred by the Association in making its submissions to the Commission.
Judicial review
31(1) If
(a) the Lieutenant Governor in Council makes a decision rejecting the Commission report or one or more of the recommendations contained in the Commission report,
(b) the Association brings an application for judicial review of that decision, and
(c) the application for judicial review is successful,
the Lieutenant Governor in Council has 90 days from the day that the application is granted to reconsider the Commission report in accordance with the directions, if any, of the Court.
(2) Where an application for judicial review is successful, the Commission report is not deemed to be binding on the Crown solely because the reasons given by the Lieutenant Governor in Council for the rejection of the Commission report or one or more of the recommendations contained in the Commission report were found to be inadequate by the Court.
Notice
32(1) Where notice is required to be given to the Crown, it shall be given by leaving a written copy at the legislative office of the Minister of Justice.
(2) Where notice is required to be given to the Association, it must be given by leaving the written copy at the registered office of the Association .
(3) If the Crown gives notice in writing of the appointment of counsel, notice may be given by service on counsel as provided for in the Alberta Rules of Court.
Effect of regulation
33 This Regulation only has effect for the Commission appointed in 2000.