Judges Act (R.S.C., 1985, c. J-1)

Act current to 2017-11-20 and last amended on 2017-09-29. Previous Versions

Marginal note:Void transactions
  •  (1) Amounts that a spouse, former spouse or former common-law partner is or may become entitled to under section 52.14 are not capable of being assigned, charged, anticipated or given as security, and any transaction that purports to assign, charge, anticipate or give as security any such amount is void.

  • Marginal note:Exemption from attachment, etc.

    (2) Amounts that a spouse, former spouse or former common-law partner is or may become entitled to under section 52.14 are exempt from attachment, seizure and execution, either at law or in equity.

  • 2006, c. 11, s. 15.
Marginal note:Access of spouse, etc. to division of benefits

 Notwithstanding any other provision of this Act, a court of competent jurisdiction may order, for any period that the court determines, that no action be taken by the Minister under this Act that may prejudice the ability of the spouse, common-law partner, former spouse or former common-law partner to make an application or obtain the division of the judge’s annuity benefits under this Act.

  • 2006, c. 11, s. 15.
Marginal note:Information for spouse, etc. re benefits

 Subject to the regulations, the Minister shall, at the request of a spouse, common-law partner, former spouse or former common-law partner of a judge, provide that person with information prescribed by the regulations concerning the benefits that are or may become payable to or in respect of that judge under this Act.

  • 2006, c. 11, s. 15.
Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) respecting the manner of making an application, the information that is to be provided in it and the documents that are to accompany it;

  • (b) prescribing the circumstances in which interested parties are deemed to have been living separate and apart for the purposes of paragraph 52.11(2)(b);

  • (c) prescribing circumstances in which a person may make an application or object to an application on behalf of another person, or may act on behalf of another person in proceeding with an application made by that other person;

  • (d) prescribing circumstances in which, the manner in which and the conditions under which the personal representative or the liquidator of the succession of a deceased judge or of a deceased spouse, former spouse or former common-law partner of a judge may make or object to an application or may proceed with an application that was made by or on behalf of the judge, spouse, former spouse or former common-law partner;

  • (e) when regulations are made under paragraph (c) or (d), respecting the manner in which and the extent to which any provision of this Act applies to a person referred to in that paragraph or in the circumstances prescribed by those regulations, and adapting any provision of this Act to those persons or circumstances;

  • (f) prescribing circumstances in which, the manner in which and the conditions under which a spouse, former spouse or former common-law partner of a judge may make an application after the death of the judge;

  • (g) respecting the notice of receipt of applications to be given to interested parties under subsection 52.11(3);

  • (h) respecting the withdrawal of applications;

  • (i) respecting the manner of submitting notices of objection under subsection 52.12(1);

  • (j) for determining the value of an annuity to be attributed to a period subject to division, for the purposes of subsection 52.14(1);

  • (k) for determining the expected date of retirement of a judge, for the purposes of subsections 52.14(2) and (3.1);

  • (l) respecting the actuarial assumptions on which the determinations made under paragraphs (j) and (k) are to be based;

  • (m) prescribing the manner in which a judge’s spouse, former spouse or former common-law partner may make an election under subsection 52.14(4), and respecting the notification of a judge of such an election;

  • (n) prescribing, for the purposes of paragraph 52.14(6)(b), the manner of determining the period during which interested parties cohabited;

  • (o) respecting the adjustment of the annuity benefits payable to a judge under subsection 52.14(8), including the determination of the effective date of the adjustment;

  • (p) generally respecting the division of the annuity benefits of a judge who resigns or is removed from office by reason of an infirmity;

  • (q) respecting the manner in which and the extent to which any provision of this Act applies, notwithstanding the other provisions of this Act, to a judge, to a spouse, former spouse, common-law partner or former common-law partner of a judge or to any other person when annuity benefits are divided under section 52.14, and adapting any provision of this Act to those persons;

  • (r) for determining the portion of an annuity to be attributed to a period subject to division, for the purposes of subsection 52.15(2);

  • (s) for the purposes of section 52.21, respecting the manner in which a request for information is to be made by a spouse, former spouse, common-law partner or former common-law partner of a judge, prescribing the information that is to be provided to that person concerning the benefits that are or may become payable to or in respect of the judge and specifying circumstances in which a request may be refused;

  • (t) prescribing remedial action that may be taken in prescribed circumstances in response to administrative error or the provision of erroneous information;

  • (u) prescribing any matter or thing that may be prescribed under sections 52.1 to 52.21; and

  • (v) generally for carrying out the purposes and provisions of sections 52.1 to 52.21 and this section.

  • 2006, c. 11, s. 15;
  • 2017, c. 20, s. 226(F).

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.
 
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