THE TRAVEL ALLOWANCE (sections 34-39 of the Judges Act)

Overview

Sections 34 to 39 of the Judges Act provide federally appointed judges with a travel allowance for reasonable expenses incurred when they are called upon to travel in order to attend sittings outside of where they reside or have their office. The Commissioner issues Guidelines on the Travel Allowance. Expenses that comply with the Act and the Guidelines may be reimbursed by the Office of the Commissioner.

Since some judges must travel more frequently than others to attend sittings, expenses incurred under this allowance are expected to vary by court. For instance, expenses of judges of the “national” courts (the Federal Court of Appeal, Federal Court and Tax Court of Canada) who travel all across Canada to attend sittings, as well as those of the territories (the Northwest Territories, Nunavut and Yukon), or those located in more remote areas, may be higher on a per judge basis. Expenses may also be higher in cases where sittings take place at times when accommodation rates are more expensive in some cities because of other events occurring at the same time. Consideration may be given to a long-term accommodation rental where the requirements of certain courts and duration of trials result in it being the most economical option.

Classes of expenses reimbursed - ss. 90.2(d) of the ATIA

• Transportation
  Costs related to necessary travel by air, rail, taxi, or automobile, subject to limits and conditions identified in the Guidelines

• Accommodations
  Includes hotels, subject to maximums prescribed in the Guidelines, and private accommodations

• Meals
  Actual and reasonable meal expenses with receipt, or per diems prescribed in the Guidelines

• Other reasonable expenses
  Includes child care assistance for those eligible, cell phone charges for those eligible, internet, dry-cleaning, corporate credit card or equivalent