Judges Act (R.S.C., 1985, c. J-1)

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

Marginal note:Meeting, conference and seminar expenses
  •  (1) A judge of a superior court who attends a meeting, conference or seminar that is held for a purpose relating to the administration of justice and that the judge in the capacity of a judge is required by law to attend, or who, with the approval of the chief justice of that court, attends any such meeting, conference or seminar that the judge in that capacity is expressly authorized by law to attend, is entitled to be paid, as a conference allowance, reasonable travel and other expenses actually incurred by the judge in so attending.

  • Marginal note:Expenses for other meetings, conferences or seminars

    (2) Subject to subsection (3), a judge of a superior court who, with the approval of the chief justice of that court,

    • (a) attends a meeting, conference or seminar that the judge in the capacity of a judge is not expressly authorized by law or is not required by law to attend but that is certified by the chief justice to be a meeting, conference or seminar having as its object or as one of its objects the promotion of efficiency or uniformity in the superior courts, or the improvement of the quality of judicial service in those courts, or

    • (b) in lieu of attending a meeting, conference or seminar referred to in paragraph (a) that is certified as provided in that paragraph, acquires written or recorded materials distributed for the purpose of, or written or recorded proceedings of, any such meeting, conference or seminar,

    is entitled to be paid, as a conference allowance, reasonable travel and other expenses actually incurred by the judge in so attending or the cost of acquiring the materials or proceedings, as the case may be.

  • Marginal note:Limitation

    (3) Where the aggregate amount of conference allowances that have been paid under subsection (2) in any year

    • (a) to the judges of the Supreme Court of Canada exceeds the product obtained by multiplying the number of judges of that Court by one thousand dollars, or

    • (b) to the judges of any other particular superior court exceeds the greater of $5,000 and the product obtained by multiplying the number of judges of that court by $500,

    no additional amount may be paid under that subsection in that year as a conference allowance to any judge of that court except with the approval of the Minister of Justice of Canada.

  • Marginal note:Definitions

    (4) For the purposes of this section,

    chief justice

    juge en chef

    chief justice of any court of which a particular judge is a member means the chief justice or other person recognized by law as having rank or status senior to all other members of, or having the supervision of, that court, but if that court is constituted with divisions, then it means the person having that rank or status in relation to all other members of the division of which the particular judge is a member; (juge en chef)

    superior court

    juridiction supérieure

    superior court, in the case of a superior court constituted with divisions, means a division thereof. (juridiction supérieure)

  • R.S., 1985, c. J-1, s. 41;
  • R.S., 1985, c. 50 (1st Supp.), s. 7;
  • 1992, c. 51, s. 17;
  • 2002, c. 8, s. 94.

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.
 
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