Judges Act (R.S.C., 1985, c. J-1)

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

Marginal note:Rounding of amounts

 A salary referred to in any of sections 9 to 22 that is not a multiple of one hundred dollars shall be rounded down to the next lowest multiple of one hundred dollars.

  • R.S., 1985, c. J-1, s. 23;
  • R.S., 1985, c. 5 (1st Supp.), s. 2, c. 11 (1st Supp.), s. 2, c. 41 (1st Supp.), s. 9, c. 50 (1st Supp.), s. 4;
  • 1989, c. 8, s. 8;
  • 1990, c. 16, s. 16, c. 17, s. 30;
  • 1992, c. 51, s. 6;
  • 2001, c. 7, s. 15.
Marginal note:Additional judges
  •  (1) Notwithstanding sections 12 to 22 but subject to subsections (3) and (4), where the number of judges of a superior court in a province has been increased by or pursuant to an Act of the legislature of the province beyond the number of judges of that court whose salaries are provided for by sections 12 to 22, a salary is payable pursuant to this section to each additional judge, appointed to that court in accordance with that Act and in the manner provided by law, from the time that judge’s appointment becomes effective and in the same manner and subject to the same terms and conditions as if the salary were payable under sections 12 to 22.

  • Marginal note:Salaries fixed

    (2) The salary of a judge appointed in the circumstances described in subsection (1) is the salary annexed, pursuant to sections 12 to 22, to the office of judge to which the appointment is made.

  • Marginal note:Limit

    (3) Subject to subsection (4), the number of salaries that may be paid pursuant to this section at any one time shall not be greater than

    • (a) thirteen, in the case of judges appointed to appeal courts in the provinces; and

    • (b) fifty, in the case of judges appointed to superior courts in the provinces other than appeal courts.

    • (c) [Repealed, 1992, c. 51, s. 7]

  • Marginal note:Unified family courts

    (4) For the purposes of assisting the establishment of unified family courts in the provinces, a further number of salaries not greater than thirty-six at any one time may be paid in the case of judges appointed to courts described in paragraph (3)(b)

    • (a) where the court has the jurisdiction of a unified family court; or

    • (b) where a request has been made by a provincial attorney general for the appointment to the court of judges to exercise the jurisdiction of a unified family court.

  • Marginal note:Salary deemed payable under sections 12 to 22

    (5) A salary payable to a judge under this section is deemed, for all purposes of the provisions of this Act, other than this section, and of any other Act of Parliament, to be a salary payable under sections 12 to 22.

  • Definition of appeal court

    (6) In this section, appeal court means, in relation to each of the Provinces of Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta and Newfoundland and Labrador, the Court of Appeal of the Province.

  • R.S., 1985, c. J-1, s. 24;
  • R.S., 1985, c. 41 (1st Supp.), s. 10, c. 27 (2nd Supp.), s. 3;
  • 1989, c. 8, s. 9;
  • 1992, c. 51, s. 7;
  • 1996, c. 30, s. 1;
  • 1998, c. 30, s. 3;
  • 2006, c. 11, s. 3;
  • 2008, c. 26, s. 1;
  • 2015, c. 3, s. 126.

Periodic Adjustment and Revision of Salaries

Marginal note:Annual adjustment of salary
  •  (1) The yearly salaries referred to in sections 9, 10 and 11 to 22 apply in respect of the twelve month period commencing April 1, 2012.

  • Marginal note:Annual adjustment of salary

    (2) The salary annexed to an office of judge in sections 9, 10 and 11 to 22 for the twelve month period commencing April 1, 2013, and for each subsequent twelve month period, shall be the amount obtained by multiplying

    • (a) the salary annexed to that office for the twelve month period immediately preceding the twelve month period in respect of which the salary is to be determined

      by

    • (b) the percentage that the Industrial Aggregate for the first adjustment year is of the Industrial Aggregate for the second adjustment year, or one hundred and seven per cent, whichever is less.

  • Marginal note:Meaning of certain expressions

    (3) For the purposes of this section,

    • (a) in relation to any twelve month period in respect of which the salary is to be determined, the “first adjustment year” is the most recent twelve month period for which the Industrial Aggregate is available on the first day of the period in respect of which the salary is to be determined, and the “second adjustment year” is the twelve month period immediately preceding the first adjustment year; and

    • (b) the “Industrial Aggregate” for an adjustment year is the average weekly wages and salaries of the Industrial Aggregate in Canada for that year as published by Statistics Canada under the authority of the Statistics Act.

  • R.S., 1985, c. J-1, s. 25;
  • R.S., 1985, c. 16 (3rd Supp.), s. 2;
  • 1993, c. 13, s. 10;
  • 1994, c. 18, s. 9;
  • 1998, c. 30, s. 4;
  • 2001, c. 7, s. 16;
  • 2006, c. 11, s. 4;
  • 2012, c. 31, s. 211;
  • 2014, c. 39, s. 319.
Marginal note:Commission
  •  (1) The Judicial Compensation and Benefits Commission is hereby established to inquire into the adequacy of the salaries and other amounts payable under this Act and into the adequacy of judges’ benefits generally.

  • Marginal note:Factors to be considered

    (1.1) In conducting its inquiry, the Commission shall consider

    • (a) the prevailing economic conditions in Canada, including the cost of living, and the overall economic and current financial position of the federal government;

    • (b) the role of financial security of the judiciary in ensuring judicial independence;

    • (c) the need to attract outstanding candidates to the judiciary; and

    • (d) any other objective criteria that the Commission considers relevant.

  • Marginal note:Quadrennial inquiry

    (2) The Commission shall commence an inquiry on October 1, 2015, and on October 1 of every fourth year after 2015, and shall submit a report containing its recommendations to the Minister of Justice of Canada within nine months after the date of commencement.

  • Marginal note:Postponement

    (3) The Commission may, with the consent of the Minister of Justice and the judiciary, postpone the date of commencement of a quadrennial inquiry.

  • Marginal note:Other reports

    (4) In addition to its quadrennial inquiry, the Minister of Justice may at any time refer to the Commission for its inquiry a matter mentioned in subsection (1). The Commission shall submit to that Minister a report containing its recommendations within a period fixed by the Minister after consultation with the Commission.

  • Marginal note:Extension of time

    (5) The Governor in Council may, on the request of the Commission, extend the time for submission of a report under subsection (2) or (4).

  • Marginal note:Report of Commission

    (6) The Minister of Justice shall table a copy of the report in each House of Parliament on any of the first ten days on which that House is sitting after the Minister receives the report.

  • Marginal note:Referral to Committee

    (6.1) A report that is tabled in each House of Parliament under subsection (6) shall, on the day it is tabled or, if the House is not sitting on that day, on the day that House next sits, be referred by that House to a committee of that House that is designated or established by that House for the purpose of considering matters relating to justice.

  • Marginal note:Report by Committee

    (6.2) A committee referred to in subsection (6.1) may conduct inquiries or public hearings in respect of a report referred to it under that subsection, and if it does so, the committee shall, not later than ninety sitting days after the report is referred to it, report its findings to the House that designated or established the committee.

  • Definition of sitting day

    (6.3) For the purpose of subsection (6.2), sitting day means a day on which the House of Commons or the Senate, as the case may be, sits.

  • Marginal note:Response to report

    (7) The Minister of Justice shall respond to a report of the Commission within four months after receiving it. Following that response, if applicable, he or she shall, within a reasonable period, cause to be prepared and introduced a bill to implement the response.

  • R.S., 1985, c. J-1, s. 26;
  • 1996, c. 2, s. 1;
  • 1998, c. 30, s. 5;
  • 2001, c. 7, s. 17(F);
  • 2012, c. 31, s. 212.
Marginal note:Nomination
  •  (1) The Judicial Compensation and Benefits Commission consists of three members appointed by the Governor in Council as follows:

    • (a) one person nominated by the judiciary;

    • (b) one person nominated by the Minister of Justice of Canada; and

    • (c) one person, who shall act as chairperson, nominated by the members who are nominated under paragraphs (a) and (b).

  • Marginal note:Tenure and removal

    (2) Each member holds office during good behaviour, and may be removed for cause at any time by the Governor in Council.

  • Marginal note:Term of office

    (3) The term of office for the initial members appointed to the Commission ends on August 31, 2003. The members subsequently appointed hold office for a term of four years.

  • Marginal note:Continuance of duties

    (4) Where the term of a member ends, other than in the case of removal for cause, the member may carry out and complete any duties of the members in respect of a matter that was referred to the Commission under subsection 26(4) while he or she was a member.

  • Marginal note:Reappointment

    (5) A member is eligible to be reappointed for one further term if re-nominated in accordance with subsection (1).

  • Marginal note:Absence or incapacity

    (6) In the event of the absence or incapacity of a member, the Governor in Council may appoint as a substitute temporary member a person nominated in accordance with subsection (1) to hold office during the absence or incapacity.

  • Marginal note:Vacancy

    (7) If the office of a member becomes vacant during the term of the member, the Governor in Council shall appoint a person nominated in accordance with subsection (1) to hold office as a member for the remainder of the term.

  • Marginal note:Quorum

    (8) A quorum of the Commission consists of all three members.

  • Marginal note:Remuneration

    (9) The members of the Commission and persons carrying out duties under subsection (4) shall be paid

    • (a) the fees fixed by the Governor in Council; and

    • (b) such travel and living expenses incurred in the course of their duties while away from their ordinary place of residence as are fixed by the Governor in Council.

  • Marginal note:Compensation

    (10) The members of the Commission and persons carrying out duties under subsection (4) are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

  • 1998, c. 30, s. 5;
  • 2003, c. 22, s. 224(E).
 
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