Judges Act (R.S.C., 1985, c. J-1)

Act current to 2015-03-03 and last amended on 2015-02-26. Previous Versions

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 [Repealed, 1990, c. 17, s. 28]

 [Repealed, 1992, c. 51, s. 4]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.