Judges Act (R.S.C., 1985, c. J-1)

Act current to 2017-09-27 and last amended on 2017-06-22. Previous Versions

Judges Act

R.S.C., 1985, c. J-1

An Act respecting judges of federal and provincial courts

Short Title

Marginal note:Short title

 This Act may be cited as the Judges Act.

  • R.S., c. J-1, s. 1.

Interpretation

Marginal note:Definitions

 In this Act,

age of retirement

mise à la retraite d’office

age of retirement of a judge or of a prothonotary of the Federal Court means the age, fixed by law, at which the judge or prothonotary ceases to hold office; (mise à la retraite d’office)

attorney general of the province

procureur général de la province

attorney general of the province, except where otherwise defined, means the minister of the Crown of the province who is responsible for judicial affairs; (procureur général de la province)

common-law partner

conjoint de fait

common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

Council

Conseil

Council means the Canadian Judicial Council established by subsection 59(1); (Conseil)

county

comté

county includes district; (comté)

judge

juge

judgeincludes a chief justice, senior associate chief justice, associate chief justice, supernumerary judge, senior judge and regional senior judge; (juge)

survivor

survivant

survivor, in relation to a judge or to a prothonotary of the Federal Court, means a person who was married to the judge or prothonotary at the time of the judge’s or prothonotary’s death or who establishes that he or she was cohabiting with the judge or prothonotary in a conjugal relationship at the time of the judge’s or prothonotary’s death and had so cohabited for a period of at least one year. (survivant)

  • R.S., 1985, c. J-1, s. 2;
  • 1990, c. 17, s. 27;
  • 1992, c. 51, s. 2;
  • 2000, c. 12, s. 159;
  • 2002, c. 8, s. 82(E);
  • 2014, c. 39, s. 316.
Marginal note:Application to prothonotaries
  •  (1) Subject to subsection (2), sections 26 to 26.3, 34 and 39, paragraphs 40(1)(a) and (b), subsection 40(2), sections 41, 41.2 to 42, 43.1 to 56 and 57, paragraph 60(2)(b), subsections 63(1) and (2) and sections 64 to 66 also apply to a prothonotary of the Federal Court.

  • Marginal note:Prothonotary who makes election

    (2) Sections 41.2, 41.3, 42 and 43.1 to 52.22 do not apply to a prothonotary of the Federal Court who makes an election under the Economic Action Plan 2014 Act, No. 2 to continue to be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

  • 2014, c. 39, s. 317.

PART IJudges

Eligibility

Marginal note:Eligibility for appointment

 No person is eligible to be appointed a judge of a superior court in any province unless, in addition to any other requirements prescribed by law, that person

  • (a) is a barrister or advocate of at least ten years standing at the bar of any province; or

  • (b) has, for an aggregate of at least ten years,

    • (i) been a barrister or advocate at the bar of any province, and

    • (ii) after becoming a barrister or advocate at the bar of any province, exercised powers and performed duties and functions of a judicial nature on a full-time basis in respect of a position held pursuant to a law of Canada or a province.

  • R.S., 1985, c. J-1, s. 3;
  • 1992, c. 51, s. 3;
  • 1996, c. 22, s. 2.

 [Repealed, 1990, c. 17, s. 28]

 [Repealed, 1992, c. 51, s. 4]

Age of Retirement

Marginal note:Retirement age
  •  (1) A judge of the Supreme Court of British Columbia who held the office of a judge of the County Courts of British Columbia on March 1, 1987 and on June 30, 1990 may retire at the age of seventy years.

  • Marginal note:Retirement age

    (2) A judge of the Superior Court of Justice in and for the Province of Ontario who held the office of a judge of the District Court of Ontario on March 1, 1987 and on August 31, 1990 may retire at the age of seventy years.

  • Marginal note:Idem

    (3) A judge of the Supreme Court of Nova Scotia who held the office of a judge of the County Court of Nova Scotia on March 1, 1987 and on the coming into force of this subsection may retire at the age of seventy years.

  • R.S., 1985, c. J-1, s. 8;
  • R.S., 1985, c. 16 (3rd Supp.), s. 1;
  • 1992, c. 51, s. 4;
  • 1998, c. 30, s. 1.

Salaries

Marginal note:Supreme Court of Canada

 The yearly salaries of the judges of the Supreme Court of Canada are as follows:

  • (a) the Chief Justice of Canada, $370,300; and

  • (b) the eight puisne judges, $342,800 each.

  • R.S., 1985, c. J-1, s. 9;
  • R.S., 1985, c. 50 (1st Supp.), s. 4, c. 39 (3rd Supp.), s. 1;
  • 2001, c. 7, s. 1;
  • 2006, c. 11, s. 1;
  • 2012, c. 31, s. 210.
Marginal note:Federal Courts

 The yearly salaries of the judges of the Federal Courts are as follows:

  • (a) the Chief Justice of the Federal Court of Appeal, $315,900;

  • (b) the other judges of the Federal Court of Appeal, $288,100 each;

  • (c) the Chief Justice of the Federal Court, $315,900; and

  • (d) the other judges of the Federal Court, $288,100 each.

  • R.S., 1985, c. J-1, s. 10;
  • R.S., 1985, c. 41 (1st Supp.), s. 1, c. 50 (1st Supp.), s. 4, c. 39 (3rd Supp.), s. 1;
  • 2001, c. 7, s. 2;
  • 2002, c. 8, s. 83;
  • 2006, c. 11, s. 1;
  • 2012, c. 31, s. 210.
Marginal note:Prothonotaries of the Federal Court

 The yearly salaries of the prothonotaries of the Federal Court shall be 76 per cent of the yearly salaries, calculated in accordance with section 25, of the judges referred to in paragraph 10(d).

  • 2014, c. 39, s. 318.
Marginal note:Tax Court of Canada

 The yearly salaries of the judges of the Tax Court of Canada are as follows:

  • (a) the Chief Justice, $315,900;

  • (b) the Associate Chief Justice, $315,900; and

  • (c) the other judges, $288,100 each.

  • R.S., 1985, c. J-1, s. 11;
  • R.S., 1985, c. 11 (1st Supp.), s. 2, c. 51 (4th Supp.), s. 13;
  • 2001, c. 7, s. 3;
  • 2002, c. 8, s. 84(E);
  • 2006, c. 11, s. 1;
  • 2012, c. 31, s. 210.
Marginal note:Court of Appeal for Ontario and Superior Court of Justice

 The yearly salaries of the judges of the Court of Appeal for Ontario and of the Superior Court of Justice in and for the Province of Ontario are as follows:

  • (a) the Chief Justice and the Associate Chief Justice of Ontario, $315,900 each;

  • (b) the 14 Justices of Appeal, $288,100 each;

  • (c) the Chief Justice and the Associate Chief Justice of the Superior Court of Justice, $315,900 each; and

  • (d) the 192 other judges of the Superior Court of Justice, $288,100 each.

  • R.S., 1985, c. J-1, s. 12;
  • R.S., 1985, c. 41 (1st Supp.), s. 2, c. 50 (1st Supp.), s. 4, c. 39 (3rd Supp.), s. 1;
  • 1990, c. 17, s. 29;
  • 1998, c. 30, s. 2;
  • 2001, c. 7, s. 4;
  • 2006, c. 11, s. 1;
  • 2012, c. 31, s. 210.
Marginal note:Court of Appeal and Superior Court of Quebec

 The yearly salaries of the judges of the Court of Appeal and of the Superior Court in and for the Province of Quebec are as follows:

  • (a) the Chief Justice of Quebec, $315,900;

  • (b) the 18 puisne judges of the Court of Appeal, $288,100 each;

  • (c) the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Superior Court, $315,900 each; and

  • (d) the 144 puisne judges of the Superior Court, $288,100 each.

  • R.S., 1985, c. J-1, s. 13;
  • R.S., 1985, c. 41 (1st Supp.), s. 3, c. 50 (1st Supp.), s. 4, c. 39 (3rd Supp.), s. 1;
  • 1989, c. 8, s. 1;
  • 2001, c. 7, s. 5;
  • 2006, c. 11, s. 1;
  • 2012, c. 31, s. 210;
  • 2014, c. 20, s. 164.
 
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