Judges Act (R.S.C., 1985, c. J-1)

Full Document:  

Act current to 2018-10-03 and last amended on 2018-10-01. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2017, c. 33, s. 237

    • 237 The heading before section 42 of the English version of the Act is replaced by the following:

      Annuities for Judges

  • — 2017, c. 33, s. 238

      • 238 (1) Subsection 42(1) of the Act is replaced by the following:

        • Payment of annuities
          • 42 (1) A judge shall be paid 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, if the judge

            • (a) has continued in judicial office for at least 15 years, has a combined age and number of years in judicial office that is not less than 80 and resigns from office;

            • (b) has attained the age of retirement and has held judicial office for at least 10 years; or

            • (c) has continued in judicial office on the Supreme Court of Canada for at least 10 years and resigns from office.

          • Grant of annuities

            (1.1) The Governor in Council shall grant to a judge 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, if the judge

            • (a) has continued in judicial office for at least 15 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; or

            • (b) 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.

      • (2) Subsections 42(2) and (3) of the English version of the Act are replaced by the following:

        • Prorated annuity

          (2) If a judge who has attained the age of retirement has held judicial office for less than 10 years, an annuity shall be paid to that judge 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 10 years.

        • Duration of annuities

          (3) An annuity granted or paid 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.

  • — 2017, c. 33, s. 240

      • 240 (1) Subsection 43.1(1) of the Act is replaced by the following:

        • 55 years of age and 10 years in office
          • 43.1 (1) A judge who has attained the age of 55 years, has continued in judicial office for at least 10 years and elects early retirement shall be paid an immediate annuity or a deferred annuity, at the option of the judge, calculated in accordance with this section.

      • (2) Paragraph 43.1(2)(b) of the Act is replaced by the following:

        • (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 paid an annuity under paragraph 42(1)(a) or (b).

      • (3) Subsections 43.1(4) and (5) of the Act are replaced by the following:

        • 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. An immediate annuity shall be paid to the judge from the date of the second option.

        • Survivor’s annuity

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

  • — 2017, c. 33, s. 241

    • 241 The heading before section 44 of the English version of the Act is replaced by the following:

      Annuities for Survivors

  • — 2017, c. 33, s. 242

      • 242 (1) The portion of subsection 44(1) of the Act before paragraph (a) is replaced by the following:

        • Annuity for surviving spouse
          • 44 (1) Subject to this section, if a judge of a superior court while holding office died or dies after July 10, 1955, the survivor of the judge shall be paid, commencing on July 18, 1983 or immediately after the death of the judge, whichever is later, and continuing during the life of the survivor, an annuity equal to one third of

      • (2) The portion of subsection 44(1) of the English version of the Act after paragraph (b) is repealed.

      • (3) The portion of subsection 44(2) of the Act before paragraph (a) is replaced by the following:

        • Judge receiving annuity

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

      • (4) Paragraph 44(2)(a) of the English version of the Act is replaced by the following:

        • (a) an annuity equal to one half of the pension or annuity granted or paid 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

      • (5) Paragraph 44(2)(b) of the Act is replaced by the following:

        • (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 or paid 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.

      • (6) Subsections 44(3) and (4) of the English version of the Act are replaced by the following:

        • Prothonotaries

          (3) No annuity shall be paid 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.

        • Limitation on annuity for survivor

          (4) No annuity shall be paid 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.

  • — 2017, c. 33, s. 243

      • 243 (1) Subsection 44.01(1) of the English version of the Act is replaced by the following:

        • Election for enhanced annuity for survivor
          • 44.01 (1) Subject to the regulations, a judge may elect to have the annuity to be paid 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 “60%” or “75%”.

      • (2) Subsection 44.01(2) of the Act is replaced by the following:

        • Reduction of annuity

          (2) If a judge makes the election, the amount of the annuity granted or paid 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 paid to the survivor must not be less than the combined actuarial present value of the annuity granted or paid to the judge and the annuity that would be paid to the survivor, immediately before the reduction is made.

  • — 2017, c. 33, s. 244

    • 244 Subsections 44.2(1) to (3) of the Act are replaced by the following:

      • Election for former judges
        • 44.2 (1) Subject to the regulations, a judge to whom an annuity has been granted or paid may elect to reduce his or her annuity so that an annuity may be paid to a person who, at the time of the election, is the spouse or common-law partner of the judge but to whom an annuity under section 44 must not be paid.

        • Reduction of annuity

          (2) If a judge makes the election, the amount of the annuity granted or paid to the judge shall be reduced in accordance with the regulations, but the combined actuarial present value of the reduced annuity and the annuity that would be paid to the spouse or common-law partner under subsection (3) must not be less than the actuarial present value of the annuity granted or paid to the judge immediately before the reduction is made.

        • Payment to person in respect of whom election is made

          (3) When the judge dies, the spouse or common-law partner in respect of whom an election was made shall be paid an annuity in an amount determined in accordance with the election, subsection (2) and the regulations.

  • — 2017, c. 33, s. 245

    • 245 The heading before section 47 of the English version of the Act is replaced by the following:

      Annuities for Surviving Children

  • — 2017, c. 33, s. 246

      • 246 (1) Subsection 47(3) of the Act is replaced by the following:

        • Annuity for surviving children

          (3) If a judge of a superior or county court dies while holding office, or a judge who was granted or paid an annuity after October 5, 1971 dies, an annuity shall be paid to each surviving child of that judge as provided in subsections (4) and (5).

      • (2) The portion of subsection 47(4) of the Act before paragraph (a) is replaced by the following:

        • Annuity for children if survivor

          (4) Each child of a judge described in subsection (3) shall be paid

  • — 2017, c. 33, s. 247

      • 247 (1) Subsection 48(1) of the English version of the Act is replaced by the following:

        • Apportionment of annuities among surviving children
          • 48 (1) If, in computing the annuities to be paid under subsection 47(3) to the children of a judge referred to in that subsection, it is determined that there are more than four children of the judge to whom an annuity shall be paid, the total amount of the annuities paid shall be apportioned among the children in the shares that the Minister of Justice of Canada considers just and proper under the circumstances.

      • (2) Subsection 48(2) of the Act is replaced by the following:

        • Children’s annuities, to whom paid

          (2) If an annuity under this Act is paid to a child of a judge, payment shall, if the child is less than 18 years of age, be made to the person having the custody and control of the child or, if there is no person having the custody and control of the child, to any person that the Minister of Justice of Canada directs and, for the purposes of this subsection, the survivor of the judge, except if the child is living apart from the survivor, shall be presumed, in the absence of evidence to the contrary, to be the person having the custody and control of the child.

  • — 2017, c. 33, s. 248

    • 248 Section 49 of the English version of the Act is replaced by the following:

      • Payment of certain taxes out of C.R.F.

        49 The Governor in Council may make regulations providing for the payment out of the Consolidated Revenue Fund, on the payment of an annuity under this Act to the survivor or children of a judge or a retired judge, of the whole or any part of the portion of any estate, legacy, succession or inheritance duties or taxes that are payable by the survivor or children with respect to the annuity, as is determined in accordance with the regulations to be attributable to that annuity, and prescribing the amount by which and the manner in which the annuity in that case shall be reduced.

  • — 2017, c. 33, s. 249

    • 249 Subsections 51(1) and (2) of the English version of the Act are replaced by the following:

      • Return of contributions if no annuity
        • 51 (1) If a judge has ceased to hold office otherwise than by reason of death and, at the time he or she ceased to hold office, no annuity under this Act was granted or could be paid to that judge, there shall be paid to the judge, in respect of his or her having ceased to hold that office, an amount equal to the total contributions made by him or her under subsection 50(1) or paragraph 50(2)(a), together with interest, if any, calculated in accordance with subsection (4).

        • Return of contributions if annuity

          (2) If a judge to whom subsection 50(1) applies has ceased to hold office otherwise than by reason of death and that judge is granted or paid an annuity under this Act, there shall be paid to the judge in respect of his or her having ceased to hold that office an amount equal to the total contributions made by the judge under subsection 50(1), together with interest, if any, calculated in accordance with subsection (4), if,

          • (a) at the time the judge ceased to hold office, there is no person to whom an annuity under this Act could be paid in respect of the judge on his or her death; or

          • (b) at any time after the judge ceased to hold office but before his or her death, all persons to whom an annuity under this Act could be paid in respect of the judge on his or her death have died or ceased to be eligible to be paid an annuity.

  • — 2017, c. 33, s. 250

    • 250 The definition judge in section 52.1 of the English version of the Act is replaced by the following:

      judge

      judge includes a former judge who has been granted or paid an annuity. (juge)

  • — 2017, c. 33, s. 251

      • 251 (1) The portion of subsection 52.14(3) of the English version of the Act before paragraph (a) is replaced by the following:

        • Return of contributions

          (3) Subject to subsections (3.1) and (4), if the Minister approves the division of the annuity benefits of a judge who was not eligible to be paid an annuity at the end of the period subject to division, the spouse, former spouse or former common-law partner shall be accorded a share of the annuity benefits consisting of

      • (2) The portion of subsection 52.14(3.1) of the English version of the Act before paragraph (a) is replaced by the following:

        • Return of contributions — infirm annuitant

          (3.1) Subject to subsection (4), if the Minister approves the division of the annuity benefits of a judge who had been granted an annuity by reason of an infirmity but was not otherwise eligible to be paid an annuity at the end of the period subject to division, the spouse, former spouse or former common-law partner shall be accorded a share of the annuity benefits consisting of

      • (3) Subsections 52.14(4) and (5) of the English version of the Act are replaced by the following:

        • Election by spouse

          (4) A judge’s spouse, former spouse or former common-law partner who is entitled to be accorded a share of the judge’s annuity benefits under subsection (3) or (3.1) may elect in the manner prescribed by the regulations, in lieu of receiving that share, to receive — at the time the judge becomes eligible to be granted or paid an annuity, or at the time the judge would have become eligible to be paid an annuity had the judge not resigned or been removed from office by reason of an infirmity — a share of the annuity benefits for which the judge is or would have been eligible, determined as provided in subsection (1).

        • Death or resignation of judge

          (5) If an election has been made under subsection (4) and, before becoming eligible to be paid an annuity, the judge dies, resigns, is removed from office or otherwise ceases to hold office, the spouse, former spouse or former common-law partner shall instead be paid immediately the portion of the judge’s contributions to which the spouse was otherwise entitled under subsection (3) or (3.1).

  • — 2018, c. 12, s. 300

    • 300 The portion of subsection 24(4) of the Act before paragraph (a) is replaced by the following:

      • 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 75 at any one time may be paid in the case of judges appointed to courts described in paragraph (3)(b)

Date modified: