Judges Act (R.S.C., 1985, c. J-1)

Act current to 2016-09-18 and last amended on 2015-02-26. Previous Versions

Special Retirement Provision — Supreme Court of Canada Judges

Marginal note:Retired judge may continue to hold office
  •  (1) A judge of the Supreme Court of Canada who has retired may, with the approval of the Chief Justice of Canada, continue to participate in judgments in which he or she participated before retiring, for a period not greater than six months after the date of the retirement.

  • Marginal note:Salary, etc.

    (2) A retired judge participating in judgments shall receive

    • (a) the salary annexed to the office during that period less any amount otherwise payable to him or her under this Act in respect of the period, other than those amounts described in paragraphs (b) and (c);

    • (b) an amount that bears the same ratio to the allowance for incidental expenditures actually incurred referred to in subsection 27(1) that the number of months in the period bears to twelve; and

    • (c) the representational allowance referred to in subsection 27(6) for the period, as though the appropriate maximum referred to in that subsection were an amount that bears the same ratio to that allowance that the number of months in the period bears to twelve.

  • Marginal note:No extra remuneration

    (3) Section 57 applies with respect to a judge to whom this section applies.

  • 2001, c. 7, s. 20;
  • 2006, c. 11, s. 10.

Benefits

Marginal note:Life insurance
  •  (1) The Treasury Board shall establish, or enter into a contract to acquire, an insurance program for judges covering the following, on terms and conditions similar to those contained in the Public Service Management Insurance Plan and the public service management insurance directives that apply to executives:

    • (a) basic life insurance;

    • (b) supplementary life insurance;

    • (c) post-retirement life insurance;

    • (d) dependants’ insurance; and

    • (e) accidental death and dismemberment insurance.

  • Marginal note:Administration

    (2) The Treasury Board may

    • (a) set terms and conditions in respect of the program, including those respecting premiums or contributions payable, benefits, and management and control of the program;

    • (b) make contributions and pay premiums or benefits, as required, out of the Consolidated Revenue Fund; and

    • (c) undertake and do all things it considers appropriate for the purpose of administering or supervising the program.

  • Marginal note:Non-application of certain regulations

    (3) A contract entered into under this section is not subject to any regulation with respect to contracts made by the Treasury Board under the Financial Administration Act.

  • Marginal note:Compulsory participation

    (4) Participation in basic life insurance under paragraph (1)(a) is compulsory for all judges.

  • Marginal note:Transitional

    (5) A judge who holds office on the day on which this section comes into force may, despite subsection (4), elect, at any time within ninety days after that day,

    • (a) to participate in basic life insurance under paragraph (1)(a) but have his or her coverage under it limited to 100 per cent of salary at the time of his or her death; or

    • (b) not to participate in basic life insurance.

  • Marginal note:Transitional

    (6) Subject to subsection (7), on the coming into force of this section, judges shall no longer be eligible for coverage under any other life insurance program established by the Treasury Board.

  • Marginal note:Supplementary life insurance

    (7) Those judges covered by supplementary life insurance on the coming into force of this section may have their coverage continued under the insurance program for judges, unless they have made an election under paragraph (5)(b).

  • 2001, c. 7, s. 20.
Marginal note:Health and dental care benefits
  •  (1) Judges shall be eligible to participate in the Public Service Health Care Plan and the Public Service Dental Care Plan established by the Treasury Board, on the same terms and conditions as apply to employees in the executive group.

  • Marginal note:Health and dental care benefits for retired judges

    (2) Judges who are in receipt of an annuity under this Act shall be eligible to participate in the Public Service Health Care Plan and the Pensioners’ Dental Services Plan established by the Treasury Board, on the same terms and conditions as apply to pensioners.

  • Marginal note:Administration

    (3) Subject to subsections (1) and (2), the Treasury Board may

    • (a) set any terms and conditions in respect of those plans, including those respecting premiums or contributions payable, benefits, and management and control of the plans;

    • (b) make contributions and pay premiums or benefits, as required, out of the Consolidated Revenue Fund; and

    • (c) undertake and do all things it considers appropriate for the purpose of administering or supervising the plans.

  • 2001, c. 7, s. 20.
Marginal note:Accidental death in the exercise of duties
  •  (1) Compensation, within the meaning of the Government Employees Compensation Act, shall be paid to the dependants of a judge whose death results from an accident arising out of or in the performance of judicial duties, on the same basis as that paid to dependants eligible for compensation under that Act.

  • Marginal note:Flying accidents causing death

    (2) Regulations made under section 9 of the Aeronautics Act apply with respect to a judge whose death results from an accident arising out of or in the performance of judicial duties.

  • Marginal note:Death resulting from act of violence

    (3) Compensation shall be paid to the survivors of a judge whose death results from an act of violence unlawfully committed by another person or persons that occurs while the judge is performing judicial duties, on the same basis as that paid to the survivors of employees slain on duty within the meaning of the Public Service Income Benefit Plan for Survivors of Employees Slain on Duty, with any modifications that the circumstances require.

  • Marginal note:Application

    (4) Subsections (1) to (3) apply to deaths that occur on or after April 1, 2000.

  • 2001, c. 7, s. 20.
Marginal note:Delegation
  •  (1) The Treasury Board may authorize the President or Secretary of the Treasury Board to exercise and perform, in such manner and subject to such terms and conditions as the Treasury Board directs, any of the powers and functions of the Treasury Board under sections 41.2 and 41.3 and may, from time to time as it sees fit, revise or rescind and reinstate the authority so granted.

  • Marginal note:Subdelegation

    (2) The President or Secretary of the Treasury Board may, subject to and in accordance with the authorization, authorize one or more persons under his or her jurisdiction or any other person to exercise or perform any of those powers or functions.

  • 2001, c. 7, s. 20.

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.
 
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