Judges Act (R.S.C., 1985, c. J-1)

Act current to 2015-07-09 and last amended on 2015-02-26. Previous Versions

Annuities granted to Judges

Marginal note:Grant of annuities
  •  (1) The Governor in Council shall grant to

    • (a) a judge who has continued in judicial office for at least fifteen years, whose combined age and number of years in judicial office is not less than eighty and who resigns from office,

    • (b) a judge who has continued in judicial office for at least fifteen years and resigns his or her office, if in the opinion of the Governor in Council the resignation is conducive to the better administration of justice or is in the national interest,

    • (c) a judge who has become afflicted with a permanent infirmity disabling him or her from the due execution of the office of judge and resigns his or her office or by reason of that infirmity is removed from office,

    • (d) a judge who has attained the age of retirement and has held judicial office for at least ten years, or

    • (e) a judge of the Supreme Court of Canada who has continued in judicial office on that Court for at least 10 years and resigns from office,

    an annuity equal to two-thirds of the salary annexed to the office held by the judge at the time of his or her resignation, removal or attaining the age of retirement, as the case may be.

  • Marginal note:Prorated annuity

    (2) Where a judge who has attained the age of retirement has held judicial office for less than ten years, the Governor in Council shall grant to that judge an annuity that bears the same ratio to the annuity described in subsection (1) as the number of years the judge has held judicial office, to the nearest one-tenth of a year, bears to ten years.

  • Marginal note:Duration of annuities

    (3) An annuity granted to a judge under this section shall commence on the day of his or her resignation, removal or attaining the age of retirement and shall continue during the life of the judge.

  • Definition of “judicial office”

    (4) In this section, “judicial office” means the office of a judge of a superior or county court or the office of a prothonotary of the Federal Court.

  • R.S., 1985, c. J-1, s. 42;
  • 1998, c. 30, s. 7;
  • 2002, c. 8, ss. 95, 111(E);
  • 2006, c. 11, s. 11;
  • 2014, c. 39, s. 322.
Marginal note:Annuity payable to supernumerary judge
  •  (1) If a supernumerary judge, before becoming a supernumerary judge, held the office of chief justice, senior associate chief justice or associate chief justice, or served in the position of senior judge, as defined in subsection 29(6), of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, the annuity payable to the judge under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office or position previously held by him or her of chief justice, senior associate chief justice, associate chief justice or senior judge.

  • Marginal note:Annuity — election under section 31, 32 or 32.1

    (2) If the Chief Justice of the Federal Court of Appeal or of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada, in accordance with section 31, or a chief justice of a superior court of a province, in accordance with section 32, or a senior judge, as defined in subsection 22(3), of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, in accordance with section 32.1, has elected to cease to perform his or her duties as such and to perform only the duties of a judge, the annuity payable to him or her under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office or position held by him or her immediately before his or her election.

  • Definition of “chief justice” and “chief justice of a superior court of a province”

    (3) In subsection (2), “chief justice” or “chief justice of a superior court of a province” means a chief justice, senior associate chief justice or associate chief justice of that court, or, where that court is constituted with divisions, of a division thereof.

  • (4) [Repealed, 1992, c. 51, s. 19]

  • R.S., 1985, c. J-1, s. 43;
  • 1992, c. 51, s. 19;
  • 2002, c. 8, s. 96;
  • 2012, c. 31, s. 217.