Judges Act (R.S.C., 1985, c. J-1)

Marginal note:Senior judge

• 32.1 (1) If the senior judge, as defined in subsection 22(3), of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice has notified the Minister of Justice of Canada and the attorney general of the territory of his or her election to cease to perform the duties of senior judge and to perform only the duties of a judge, he or she shall then hold only the office of a judge, other than the senior judge, of that court and shall be paid the salary annexed to the office of a judge, other than the senior judge, of the applicable court until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.

• Marginal note:Restriction on election

  (2) The senior judge may make the election referred to in subsection (1) only if he or she has continued in that position for at least five years.

• Marginal note:Duties

  (3) The senior judge who has made the election referred to in subsection (1) shall perform all of the judicial duties normally performed by a judge, other than the senior judge, of the applicable court.

• Marginal note:Salary

  (4) The salary of a senior judge who has made the election referred to in subsection (1) is the salary annexed to the office of a judge of the applicable court, other than the senior judge.

Marginal note:Deemed election and notice

• 33. (1) Where a judge gives notice to the Minister of Justice of Canada and, where appropriate, to the attorney general of the province concerned of the judge’s election as provided in section 28, 29, 31 or 32 to be effective on a future day specified in the notice, being a day on which the judge will be eligible to so elect, the judge shall, effective on that day, be deemed to have elected and given notice thereof on that day pursuant to section 28, 29, 31 or 32, as the case may be.

• Marginal note:Reference to attorney general of a province

  (2) In this section, a reference to the attorney general of a province shall be construed in relation to Yukon, the Northwest Territories and Nunavut as a reference to the Commissioner of that territory.

Marginal note:Superior courts

• 34. (1) Subject to this section and sections 36 to 39, a judge of a superior court who, for the purposes of performing any function or duty in that capacity, attends at any place other than that at which or in the immediate vicinity of which the judge is by law obliged to reside is entitled to be paid, as a travel allowance, moving or transportation expenses and the reasonable travel and other expenses incurred by the judge in so attending.

• Marginal note:Where no allowance

  (2) No judge is entitled to be paid a travel allowance for attending at or in the immediate vicinity of the place where the judge resides.