Judges Act (R.S.C., 1985, c. J-1)

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

Supernumerary Judges

Marginal note:Federal Courts and Tax Court
  •  (1) If a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada notifies the Minister of Justice of Canada of his or her election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall hold the office of supernumerary judge of that Court from the time notice is given until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office, or until the expiry of 10 years from the date of the election, whichever occurs earlier, and shall be paid the salary annexed to that office.

  • Marginal note:Restriction on election

    (2) An election may be made under subsection (1) only by a judge

    • (a) who has continued in judicial office for at least 15 years and whose combined age and number of years in judicial office is not less than 80; or

    • (b) who has attained the age of 70 years and has continued in judicial office for at least 10 years.

  • Marginal note:Duties of judge

    (3) A judge who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the judge

    • (a) by the Chief Justice of the Federal Court of Appeal, if the judge is a member of the Federal Court of Appeal;

    • (b) by the Chief Justice of the Federal Court, if the judge is a member of the Federal Court; or

    • (c) by the Chief Justice or the Associate Chief Justice of the Tax Court of Canada, if the judge is a judge of that Court.

  • Marginal note:Salary of supernumerary judge

    (4) The salary of each supernumerary judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada is the salary annexed to the office of a judge of that Court, other than the office of a Chief Justice or Associate Chief Justice.

  • R.S., 1985, c. J-1, s. 28;
  • R.S., 1985, c. 16 (3rd Supp.), s. 3;
  • 2002, c. 8, s. 87;
  • 2006, c. 11, s. 7.
Marginal note:Provincial superior courts
  •  (1) If the legislature of a province has enacted legislation establishing for each office of judge of a superior court of the province the additional office of supernumerary judge of the court, and a judge of that court notifies the Minister of Justice of Canada and the attorney general of the province of the judge’s election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall hold the office of supernumerary judge from the time notice is given until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office, or until the expiry of 10 years from the date of the election, whichever occurs earlier, and shall be paid the salary annexed to that office.

  • Marginal note:Conditions

    (2) An election under subsection (1) may only be made by a judge

    • (a) who has continued in judicial office for at least 15 years and whose combined age and number of years in judicial office is not less than 80; or

    • (b) who has attained the age of 70 years and has continued in judicial office for at least 10 years.

  • Marginal note:Duties of judge

    (3) A judge who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the judge

    • (a) by the chief justice, senior associate chief justice or associate chief justice, as the case may be, of the court of which the judge is a member or, where that court is constituted with divisions, of the division of which the judge is a member; or

    • (b) in the case of a supernumerary judge of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice, by the senior judge of that Court.

  • Marginal note:Salary of supernumerary judge

    (4) The salary of each supernumerary judge of a superior court is the salary annexed to the office of a judge of that court other than a chief justice, senior associate chief justice, associate chief justice or senior judge.

  • Marginal note:Reference to attorney general of a province

    (5) In this section, a reference to the attorney general of a province shall be construed in relation to Yukon, the Northwest Territories and Nunavut as a reference to the Commissioner of that territory.

  • Definition of senior judge

    (6) In this section, senior judge of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of 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 (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. 29;
  • 1993, c. 28, s. 78;
  • 1999, c. 3, s. 74;
  • 2002, c. 7, s. 191, c. 8, s. 88(E);
  • 2006, c. 11, s. 8;
  • 2012, c. 31, s. 214.

 [Repealed, 1992, c. 51, s. 9]

Chief Justice or Senior Judge Continuing as Judge

Marginal note:Election of Chief or Associate Chief to change to duties of judge only
  •  (1) If the Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada notifies the Minister of Justice of Canada of his or her election to cease to perform the duties of that office and to perform only the duties of a judge, he or she shall, after giving that notice, hold only the office of a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be, and shall be paid the salary annexed to the office of a judge of that Court, until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.

  • Marginal note:Restriction on election

    (2) The Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada may make the election referred to in subsection (1) only if he or she has continued in the office for at least five years or has continued in the office and another office referred to in this subsection for a total of at least five years.

  • Marginal note:Duties of judge

    (3) The Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada who has made the election referred to in subsection (1) shall perform all of the judicial duties normally performed by a judge of that Court.

  • Marginal note:Salary of judge

    (4) The salary of the Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada who has made the election referred to in subsection (1) is the salary annexed to the office of judge (other than the Chief Justice) of the Federal Court of Appeal, judge (other than the Chief Justice) of the Federal Court or judge (other than the Chief Justice or the Associate Chief Justice) of the Tax Court of Canada, as the case may be.

  • R.S., 1985, c. J-1, s. 31;
  • 2002, c. 8, s. 90;
  • 2017, c. 20, s. 217(F).
Marginal note:Election of Chief Justice of the Court Martial Appeal Court of Canada

 If the Chief Justice of the Court Martial Appeal Court of Canada notifies the Minister of Justice of Canada of their election to cease to perform the duties of that office and to perform only the duties of a judge of the court on which they serve, they shall, after giving that notice, hold only the office of a judge and shall be paid the salary annexed to the office of a judge, until they reach the age of retirement, resign or are removed from or otherwise cease to hold office.

  • 2017, c. 20, s. 218.
Marginal note:Election to cease to perform duties of chief justice of provincial superior court
  •  (1) Where the legislature of a province has enacted legislation establishing for each office of chief justice of a superior court of the province such additional offices of judge of that court as are required for the purposes of this section, and a chief justice of that court has notified the Minister of Justice of Canada and the attorney general of the province of his or her election to cease to perform the duties of chief justice and to perform only the duties of a judge, the chief justice shall thereupon hold only the office of a judge, other than a chief justice, of that court and shall be paid the salary annexed to the office of a judge, other than a chief justice, of that court until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.

  • Marginal note:Restriction on election

    (2) A chief justice of a superior court of a province may make the election referred to in subsection (1) only if the chief justice has continued in the office of chief justice, senior associate chief justice or associate chief justice of a superior court of the province or a division thereof, or in two or more such offices, for at least five years.

  • Marginal note:Duties of judge

    (3) A chief justice of a superior court of a province who has made the election referred to in subsection (1) shall perform all of the judicial duties normally performed by a judge, other than the chief justice, of that court.

  • Marginal note:Salary of judge

    (4) The salary of each chief justice of a superior court of a province who has made the election referred to in subsection (1) is the salary annexed to the office of a judge of that court, other than a chief justice.

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

    (5) In this section, 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 such a court or, where the court is constituted with divisions, of a division thereof.

  • (6) [Repealed, 1992, c. 51, s. 10]

  • R.S., 1985, c. J-1, s. 32;
  • 1992, c. 51, s. 10;
  • 2002, c. 8, s. 91(E).
 
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