Judges Act (R.S.C., 1985, c. J-1)

Act current to 2017-07-03 and last amended on 2017-06-22. Previous Versions

Payment of Salaries, Allowances, Annuities and Other Amounts

Marginal note:Amounts payable out of C.R.F.
  •  (1) The salaries, allowances and annuities payable under this Act and the amounts payable under sections 46.1, 51 and 52.15 shall be paid out of the Consolidated Revenue Fund.

  • Marginal note:Prorating

    (2) For any period less than a year, the salaries and annuities payable under this Act shall be paid pro rata.

  • Marginal note:Monthly instalments

    (3) The salaries and annuities payable under this Act shall be paid by monthly instalments.

  • Marginal note:First payment

    (4) The first payment of salary of any judge shall be made pro rata on the first day of the month that occurs next after the appointment of the judge.

  • Marginal note:Legal representatives

    (5) If a judge resigns the office of judge or dies, the judge or his or her legal representatives are entitled to receive such proportionate part of the judge’s salary as has accrued during the time that the judge executed the office since the last payment.

  • R.S., 1985, c. J-1, s. 53;
  • 1989, c. 8, s. 13;
  • 2002, c. 8, s. 111(E);
  • 2006, c. 11, s. 16.

Absence from Judicial Duties

Marginal note:Leave of absence
  •  (1) No judge of a superior court shall be granted leave of absence from his or her judicial duties for a period

    • (a) of six months or less, except with the approval of the chief justice or senior judge of the superior court; or

    • (b) of more than six months, except with the approval of the Governor in Council.

  • Marginal note:Notification of leave by chief justice, etc.

    (1.1) Whenever a leave of absence is granted under paragraph (1)(a), the chief justice or senior judge of the superior court shall, without delay, notify the Minister of Justice of Canada and, in the case of provincial or territorial courts, the minister of justice or the attorney general of the province or territory.

  • Marginal note:Notification of leave by Minister of Justice of Canada

    (1.2) Whenever a leave of absence is granted under paragraph (1)(b), the Minister of Justice of Canada shall, without delay, notify the chief justice or senior judge of the superior court and, in the case of provincial or territorial courts, the minister of justice or the attorney general of the province or territory.

  • Marginal note:Report by chief justice, etc., of absence

    (2) If it appears to the chief justice or senior judge of a superior court that a judge of the court is absent from the judge’s judicial duties without the approval required by subsection (1), the chief justice or senior judge, as the case may be, shall report the absence to the Minister of Justice of Canada.

  • Marginal note:Absentee judge to report

    (3) Whenever a judge of a superior court is absent from the judge’s judicial duties for a period of more than 30 days, the judge shall report the absence and the reasons for it to the Minister of Justice of Canada.

  • Definition of senior judge

    (4) In this section, senior judge, in respect of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, means the judge with the earliest date of appointment to the court in question who has not made an election under subsection 29(1) or 32.1(1) or, in the case of more than one such judge having been appointed on the same day, the judge that the Governor in Council may designate as the senior judge.

  • R.S., 1985, c. J-1, s. 54;
  • 1992, c. 51, s. 24;
  • 1996, c. 30, s. 4;
  • 1999, c. 3, s. 76;
  • 2002, c. 7, s. 194, c. 8, s. 101;
  • 2012, c. 31, s. 218.

Extra-judicial Employment

Marginal note:Judicial duties exclusively

 No judge shall, either directly or indirectly, for himself or herself or others, engage in any occupation or business other than his or her judicial duties, but every judge shall devote himself or herself exclusively to those judicial duties.

  • R.S., 1985, c. J-1, s. 55;
  • 2002, c. 8, s. 102(E).
Marginal note:Acting as commissioner, etc.
  •  (1) No judge shall act as commissioner, arbitrator, adjudicator, referee, conciliator or mediator on any commission or on any inquiry or other proceeding unless

    • (a) in the case of any matter within the legislative authority of Parliament, the judge is by an Act of Parliament expressly authorized so to act or the judge is thereunto appointed or so authorized by the Governor in Council; or

    • (b) in the case of any matter within the legislative authority of the legislature of a province, the judge is by an Act of the legislature of the province expressly authorized so to act or the judge is thereunto appointed or so authorized by the lieutenant governor in council of the province.

  • Marginal note:Acting as statutory assessor or arbitrator

    (2) Subsection (1) does not apply to judges acting as arbitrators or assessors of compensation or damages under any public Act, whether of general or local application, of Canada or of a province, whereby a judge is required or authorized without authority from the Governor in Council or lieutenant governor in council to assess or ascertain compensation or damages.

  • R.S., 1985, c. J-1, s. 56;
  • 1996, c. 10, s. 233.
Marginal note:Authorization
  •  (1) Notwithstanding section 55, Madam Justice Louise Arbour of the Ontario Court of Appeal is authorized to take a leave from her judicial duties to serve as Prosecutor of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia and of the International Tribunal for Rwanda.

  • Marginal note:Expenses

    (2) Madam Justice Louise Arbour may receive moving or transportation expenses and reasonable travel and other expenses, in connection with her service as Prosecutor, from the United Nations.

  • Marginal note:Leave without pay

    (3) Madam Justice Louise Arbour may elect to take a leave of absence without pay for the purpose described in subsection (1), in which case she is not entitled to receive any salary or allowances under this Act for the duration of the leave, but may receive remuneration from the United Nations for her service as Prosecutor.

  • Marginal note:Ceasing contributions

    (4) If Madam Justice Louise Arbour elects to take a leave of absence without pay under subsection (3), she shall not continue the contributions required by section 50 for the duration of the leave and that section does not apply to her for the duration of the leave, which duration shall not be counted as time during which she held judicial office for the purposes of sections 28, 29 and 42.

  • Marginal note:Deemed salary in event of death

    (5) For the purposes of subsections 44(1) and (2), section 46.1 and subsection 47(3), if Madam Justice Louise Arbour dies while on a leave of absence without pay, she is deemed to be in receipt at the time of death of the salary that she would have been receiving if she had not been absent on leave without pay.

  • 1996, c. 30, s. 5.

Extra Remuneration

Marginal note:No extra remuneration
  •  (1) Except as provided in subsection (3), no judge shall accept any salary, fee, remuneration or other emolument or any expenses or allowances for acting in any capacity described in subsection 56(1) or as administrator or deputy of the Governor General or for performing any duty or service, whether judicial or executive, that the judge may be required to perform for or on behalf of the Government of Canada or the government of a province.

  • Marginal note:Exception

    (2) The right of a judge to receive remuneration under any Act of the legislature of a province, other than for acting in any capacity described in subsection 56(1), is not affected by subsection (1), but no judge is entitled to receive remuneration under any such Act or Acts in an aggregate amount exceeding $3,000 per annum.

  • Marginal note:Expenses excepted

    (3) In the cases described in subsection (1), a judge may receive his or her moving or transportation expenses and the reasonable travel and other expenses incurred by him or her away from his or her ordinary place of residence while acting in any such capacity or in the performance of any such duty or service, in the same amount and under the same conditions as if the judge were performing a function or duty as such judge, if those expenses are paid in respect of any matter within the legislative authority of Parliament, by the Government of Canada, and in respect of any matter within the legislative authority of the legislature of a province, by the government of the province.

  • R.S., 1985, c. J-1, s. 57;
  • 2002, c. 8, s. 103(E).

PART IICanadian Judicial Council

Interpretation

Definition of Minister

 In this Part, Minister means the Minister of Justice of Canada.

Constitution of the Council

Marginal note:Council established
  •  (1) There is hereby established a Council, to be known as the Canadian Judicial Council, consisting of

    • (a) the Chief Justice of Canada, who shall be the chairman of the Council;

    • (b) the chief justice and any senior associate chief justice and associate chief justice of each superior court or branch or division thereof;

    • (c) the senior judges, as defined in subsection 22(3), of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice; and

    • (d) the Chief Justice of the Court Martial Appeal Court of Canada.

    • (e) [Repealed, 2002, c. 8, s. 104]

  • (2) and (3) [Repealed, 1999, c. 3, s. 77]

  • Marginal note:Substitute member

    (4) Each member of the Council may appoint a judge of that member’s court to be a substitute member of the Council and the substitute member shall act as a member of the Council during any period in which he or she is appointed to act, but the Chief Justice of Canada may, in lieu of appointing a member of the Supreme Court of Canada, appoint any former member of that Court to be a substitute member of the Council.

  • R.S., 1985, c. J-1, s. 59;
  • 1992, c. 51, s. 25;
  • 1996, c. 30, s. 6;
  • 1999, c. 3, s. 77;
  • 2002, c. 7, s. 195, c. 8, s. 104.
 
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