THE REPRESENTATIONAL ALLOWANCE (subsection 27(6) of the Judges Act)

Overview

Subsection 27(6) of the Judges Act provides chief justices (including associate chief justices) with a representational allowance for reasonable travel and other expenses they or their spouse or common-law partner incur because of their special extra-judicial obligations and responsibilities as chief justices and for representing their court. This is the only allowance under which hospitality expenses may be reimbursed. The Chief Justice of the Federal Court of Appeal and chief justices of the provinces may be reimbursed up to a maximum of $17,500 each year under this allowance, and other chief justices up to a maximum of $15,000; in Ontario, the Senior Judge of the Family Court and the regional senior judges may be reimbursed up to a maximum of $7,500 each year. The Commissioner issues Guidelines on the Representational Allowance. Expenses that comply with the Act and the Guidelines may be reimbursed by the Office of the Commissioner. In accordance with the ATIA, expenses for this allowance are published globally for all 53 eligible judges.

Classes of expenses reimbursed - ss. 90.19(c) of the ATIA

• Reasonable travel expenses for attendance at functions
  Functions include representing the Lieutenant-Governor, speaking engagements, legal and community organisations conferences and dinners, swearing-in and swearing-out ceremonies, opening of the courts events, and others; expenses are reimbursed in accordance with the Guidelines on the Travel Allowance

• Reasonable travel expenses incurred by the spouse or common-law partner to attend protocol or formal functions
  Ss. 27(6) includes expenses “incurred by the judge or the spouse or common-law partner of the judge”; these are limited to travel for protocol or formal functions

• Reasonable hospitality expenses
  For judicial and legal related matters, such as working meals with government officials, legal organisations representatives, community leaders, law deans or professors and judges; hosting foreign delegations; receptions on behalf of the court, such as with the Law Society, Bench and Bar committees, or court officials

• Gifts for diplomatic, protocol, or representation purposes
  Includes gifts for international delegations of judges visiting the court, guest speakers at court meetings, and for acknowledgement on behalf of the court

• Other reasonable expenses
  Includes court outreach in schools and in the legal and broader community, moot courts, and court related items not otherwise provided by government