Judges Act (R.S.C., 1985, c. J-1)

Act current to 2016-08-15 and last amended on 2015-02-26. Previous Versions

Marginal note:Annuity payable to supernumerary judge
  •  (1) If a supernumerary judge, before becoming a supernumerary judge, held the office of chief justice, senior associate chief justice or associate chief justice, or served in the position of senior judge, as defined in subsection 29(6), of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, the annuity payable to the judge under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office or position previously held by him or her of chief justice, senior associate chief justice, associate chief justice or senior judge.

  • Marginal note:Annuity — election under section 31, 32 or 32.1

    (2) If the Chief Justice of the Federal Court of Appeal or of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada, in accordance with section 31, or a chief justice of a superior court of a province, in accordance with section 32, or a senior judge, as defined in subsection 22(3), of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, in accordance with section 32.1, has elected to cease to perform his or her duties as such and to perform only the duties of a judge, the annuity payable to him or her under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office or position held by him or her immediately before his or her election.

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

    (3) In subsection (2), 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 that court, or, where that court is constituted with divisions, of a division thereof.

  • (4) [Repealed, 1992, c. 51, s. 19]

  • R.S., 1985, c. J-1, s. 43;
  • 1992, c. 51, s. 19;
  • 2002, c. 8, s. 96;
  • 2012, c. 31, s. 217.

Prorated Annuities — Early Retirement

Marginal note:Fifty-five years of age and ten years in office
  •  (1) The Governor in Council shall grant to a judge who has attained the age of fifty-five years, who has continued in judicial office for at least ten years and who elects early retirement, at the option of the judge, an immediate annuity or a deferred annuity, calculated in accordance with this section.

  • Marginal note:Calculation of amount of deferred annuity

    (2) The amount of the deferred annuity shall be two thirds of the amount of the salary annexed to the judge’s office at the time of the election multiplied by a fraction of which

    • (a) the numerator is the number of years, to the nearest one tenth of a year, during which the judge has continued in judicial office, and

    • (b) the denominator is the number of years, to the nearest one tenth of a year, during which the judge would have been required to continue in judicial office in order to be eligible to be granted an annuity under paragraph 42(1)(a) or (d).

  • Marginal note:Immediate annuity

    (3) If a judge exercises the option to receive an immediate annuity, the amount of that annuity is equal to the amount of the deferred annuity, reduced by the product obtained by multiplying

    • (a) five per cent of the amount of the deferred annuity

      by

    • (b) the difference between sixty and his or her age in years, to the nearest one-tenth of a year, at the time he or she exercises the option.

  • Marginal note:Second exercise of option

    (4) A judge whose option was to receive a deferred annuity may, between the date of that option and the date on which the deferred annuity would be payable, opt for an immediate annuity. The Governor in Council shall, in that case, grant an immediate annuity to the judge from the date of the second option.

  • Marginal note:Survivor’s annuity

    (5) On the death of a judge who has been granted an immediate annuity or a deferred annuity under subsection (1) or (4), the annuity granted to a survivor under subsection 44(2) shall be determined as if the judge were in receipt of a deferred annuity.

  • Marginal note:Definitions

    (6) The definitions in this subsection apply in this section.

    deferred annuity

    pension différée

    deferred annuity means an annuity that becomes payable to a judge at the time that he or she reaches sixty years of age and that continues to be paid during the life of the judge. (pension différée)

    immediate annuity

    pension immédiate

    immediate annuity means an annuity that becomes payable to a judge at the time that he or she exercises an option to receive the annuity and that continues to be paid during the life of the judge. (pension immédiate)

    judicial office

    magistrature

    judicial office includes the office of a prothonotary of the Federal Court. (magistrature)

  • 2001, c. 7, s. 21;
  • 2006, c. 11, s. 12;
  • 2014, c. 39, s. 323.

Annuities Granted to Survivors

Marginal note:Annuity to surviving spouse
  •  (1) Subject to this section, if, after July 10, 1955, a judge of a superior court died or dies while holding office, the Governor in Council shall grant to the survivor of the judge an annuity equal to one third of

    • (a) the salary of the judge at the date of the death of the judge, or

    • (b) the salary annexed, at the date of death, to the office previously held by the judge of chief justice, senior associate chief justice or associate chief justice, if either subsection 43(1) or (2) would have applied to the judge if he or she had resigned, been removed or attained the age of retirement, on the day of death,

    commencing on July 18, 1983 or immediately after the death of the judge, whichever is later, and continuing thenceforth during the life of the survivor.

  • Marginal note:Where judge receiving annuity

    (2) Subject to this section, where a judge who, before, on or after July 11, 1955, was granted a pension or annuity under this Act or any other Act of Parliament providing for the grant of pensions or annuities to judges died or dies after July 10, 1955, the Governor in Council shall grant to the survivor of the judge

    • (a) an annuity equal to one half of the pension or annuity granted to the judge, commencing on July 18, 1983 or immediately after the death of the judge, whichever is later, and continuing during the life of the survivor; or

    • (b) if a division of the judge’s annuity benefits has been made under section 52.14, an annuity equal to one half of the annuity that would have been granted to the judge had the annuity benefits not been divided, commencing immediately after the death of the judge and continuing during the life of the survivor.

  • Marginal note:Prothonotaries

    (3) No annuity shall be granted under this section to the survivor of a prothonotary of the Federal Court if the prothonotary ceased to hold the office of prothonotary before the day on which this subsection comes into force.

  • Marginal note:Limitation on annuity to survivor

    (4) No annuity shall be granted under this section to the survivor of a judge if the survivor became the spouse or began to cohabit with the judge in a conjugal relationship after the judge ceased to hold office.

  • (5) and (6) [Repealed, R.S., 1985, c. 39 (3rd Supp.), s. 2]

  • R.S., 1985, c. J-1, s. 44;
  • R.S., 1985, c. 39 (3rd Supp.), s. 2;
  • 1992, c. 51, s. 20;
  • 1996, c. 30, s. 3;
  • 2000, c. 12, ss. 162, 169;
  • 2001, c. 7, s. 22;
  • 2002, c. 8, s. 97;
  • 2006, c. 11, s. 13;
  • 2014, c. 39, s. 324.
Marginal note:Election for enhanced annuity to survivor
  •  (1) Subject to the regulations, a judge may elect to have the annuity to be granted to his or her survivor increased so that it is calculated as if the reference to “one-half” in subsection 44(2) were read as a reference to “sixty per cent” or “seventy-five per cent”.

  • Marginal note:Reduction of annuity

    (2) If a judge makes the election, the amount of the annuity granted to the judge shall be reduced in accordance with the regulations as of the date the election takes effect, but the combined actuarial present value of the reduced annuity and the annuity that would be granted to the survivor may not be less than the combined actuarial present value of the annuity granted to the judge and the annuity that would be granted to the survivor, immediately before the reduction is made.

  • Marginal note:Election to take effect at time of retirement

    (3) Subject to subsection (6), an election under this section takes effect on the date that the judge ceases to hold office.

  • Marginal note:Death within one year after election

    (4) Despite anything in this section, when a judge dies within one year after the election takes effect, the annuity payable to the survivor remains that payable under subsection 44(2) and the amount representing the reduction that was made in the amount of the judge’s annuity under subsection (2) shall be repaid to the judge’s estate or succession, together with interest at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act.

  • Marginal note:Regulations

    (5) The Governor in Council may make regulations respecting

    • (a) the time, manner and circumstances in which an election is made, is deemed to have been made or is deemed not to have been made, is revoked or is deemed to have been revoked, or ceases to have effect, and the retroactive application of that making, revocation or cessation;

    • (b) the reduction to be made in the amount of a judge’s annuity when the election is made;

    • (c) the calculation of the amount of the annuity to be paid to the judge and the survivor under subsection (2);

    • (d) the time, manner and circumstances in which a reduction of a judge’s annuity may be returned and interest may be paid; and

    • (e) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of this section.

  • Marginal note:Transitional

    (6) A judge who is in receipt of an annuity on the day on which this section comes into force may make his or her election in accordance with the regulations, and the election takes effect on the day this section comes into force.

  • Marginal note:Limitation on annuity to survivor

    (7) Despite anything in this section, no election may be made under this section for the benefit of a spouse or common-law partner of a judge unless that person was the spouse or common-law partner at the date the judge ceased to hold office.

  • 2001, c. 7, s. 23.
 
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