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Judges Act (R.S.C., 1985, c. J-1)

Full Document:  

Act current to 2022-06-20 and last amended on 2021-06-29. Previous Versions

PART IJudges (continued)

Periodic Adjustment and Revision of Salaries (continued)

Marginal note:Definition of judiciary

 In sections 26 and 26.1, judiciary includes the prothonotaries of the Federal Court.

  • 2017, c. 20, s. 214

Marginal note:Personnel

  •  (1) The Commission may engage the services of any persons necessary for the proper conduct of the Commission.

  • Marginal note:Presumption

    (2) No person engaged under subsection (1) shall, as a result, be considered to be employed in the federal public administration.

  • 1998, c. 30, s. 5
  • 2003, c. 22, s. 224(E)

Marginal note:Costs payable

  •  (1) The Commission may identify those representatives of the judiciary participating in an inquiry of the Commission to whom costs shall be paid in accordance with this section.

  • Marginal note:Entitlement to payment of costs

    (2) A representative of the judiciary identified under subsection (1) who participates in an inquiry of the Commission is entitled to be paid, out of the Consolidated Revenue Fund, two thirds of the costs determined under subsection (3) in respect of his or her participation.

  • Marginal note:Determination of costs

    (3) An assessment officer of the Federal Court, other than a judge or a prothonotary, shall determine the amount of costs, on a solicitor-and-client basis, in accordance with the Federal Courts Rules.

  • Marginal note:Application

    (4) This section applies to costs incurred in relation to participation in any inquiry of the Commission conducted after September 1, 1999.

  • 2001, c. 7, s. 18
  • 2002, c. 8, s. 85
  • 2006, c. 11, s. 5
  • 2014, c. 39, s. 320

Marginal note:Costs payable to representative of prothonotaries

  •  (1) The Commission may identify one representative of the prothonotaries of the Federal Court participating in an inquiry of the Commission to whom costs shall be paid in accordance with this section.

  • Marginal note:Entitlement to payment of costs

    (2) The representative identified under subsection (1) is entitled to be paid, out of the Consolidated Revenue Fund, 95% of the costs determined under subsection (3) in respect of his or her participation.

  • Marginal note:Determination of costs

    (3) An assessment officer of the Federal Court, other than a judge or a prothonotary, shall determine the amount of costs, on a solicitor-and-client basis, in accordance with the Federal Courts Rules.

  • Marginal note:Application

    (4) This section applies to costs incurred as of April 1, 2015 in relation to participation in any inquiry of the Commission.

  • 2014, c. 39, s. 321
  • 2017, c. 20, s. 215

Allowances for Incidental, Non-accountable and Representational Expenses

Marginal note:Allowance for incidental expenditures actually incurred

  •  (1) On and after April 1, 2000, every judge in receipt of a salary under this Act is entitled to be paid, up to a maximum of $5,000 for each year, for reasonable incidental expenditures that the fit and proper execution of the office of judge may require, to the extent that the judge has actually incurred the expenditures and is not entitled to be reimbursed for them under any other provision of this Act.

  • Marginal note:Allowance for incidental expenditures by prothonotaries

    (1.1) On and after April 1, 2016, every prothonotary in receipt of a salary under this Act is entitled to be paid, up to a maximum of $3,000 for each year, for reasonable incidental expenditures that the fit and proper execution of the office of prothonotary may require, to the extent that the prothonotary has actually incurred the expenditures and is not entitled to be reimbursed for them under any other provision of this Act.

  • Marginal note:Additional allowance for northern judges

    (2) On and after April 1, 2004, there shall be paid to each judge of the Supreme Court of Newfoundland and Labrador resident in Labrador and each judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice who is in receipt of a salary under this Act, in addition to the allowance provided by subsection (1), a non-accountable yearly allowance of $12,000 as compensation for the higher cost of living in Labrador and in the territories.

  • Marginal note:Additional allowance — Federal Courts and Tax Court of Canada

    (3) There shall be paid to every judge of the Federal Court of Appeal, the Federal Court and the Tax Court of Canada who is in receipt of a salary under this Act, in addition to the allowance provided by subsection (1), a non-accountable yearly allowance of $2,000 as compensation for special incidental expenditures inherent in the exercise of their office as judge.

  • (3.1) [Repealed, 2002, c. 8, s. 86]

  • Marginal note:Continuance in force of subsection (3)

    (4) Subsection (3) shall continue in force for so long as subsection 57(2) continues in force in relation to judges of superior courts in the provinces.

  • Marginal note:Idem

    (5) The additional allowances described in subsections (2) and (3) are deemed not to be travel or personal or living expense allowances expressly fixed by this Act.

  • Marginal note:Representational allowance

    (6) On and after April 1, 2004, each of the following judges is entitled to be paid, as a representational allowance, reasonable travel and other expenses actually incurred by the judge or the spouse or common-law partner of the judge in discharging the special extra-judicial obligations and responsibilities that devolve on the judge, to the extent that those expenses may not be reimbursed under any other provision of this Act and their aggregate amount does not exceed in any year the maximum amount indicated below in respect of the judge:

    • (a) the Chief Justice of Canada, $18,750;

    • (b) each puisne judge of the Supreme Court of Canada, $10,000;

    • (c) the Chief Justice of the Federal Court of Appeal and each chief justice described in sections 12 to 21 as the chief justice of a province, $12,500;

    • (d) each other chief justice referred to in sections 10 to 21, $10,000;

    • (e) the Chief Justices of the Court of Appeal of Yukon, the Court of Appeal of the Northwest Territories, the Court of Appeal of Nunavut, the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice, $10,000 each;

    • (f) the Chief Justice of the Court Martial Appeal Court of Canada, $10,000; and

    • (g) the Senior Judge of the Family Court, and each regional senior judge, of the Superior Court of Justice in and for the Province of Ontario, $5,000.

  • (7) [Repealed, 2006, c. 11, s. 6]

  • Marginal note:Judge acting in place of recipient

    (8) Where any justice or judge mentioned in subsection (6), other than a puisne judge of the Supreme Court of Canada, is unable to discharge the obligations and responsibilities referred to in that subsection or the office of that justice or judge is vacant, the judge who acts in the place of that justice or judge is entitled to be paid the representational allowance provided for that justice or judge.

  • Marginal note:Definition of chief justice

    (9) In this section, except in paragraphs (6)(a) and (c), chief justice includes a senior associate chief justice and an associate chief justice.

  • R.S., 1985, c. J-1, s. 27
  • R.S., 1985, c. 50 (1st Supp.), s. 5, c. 27 (2nd Supp.), s. 4, c. 51 (4th Supp.), s. 14
  • 1989, c. 8, s. 10
  • 1990, c. 17, s. 31
  • 1992, c. 51, s. 8
  • 1993, c. 28, s. 78
  • 1996, c. 30, s. 2
  • 1998, c. 15, s. 29
  • 1999, c. 3, s. 73
  • 2000, c. 12, s. 168
  • 2001, c. 7, s. 19
  • 2002, c. 7, ss. 190, 277(E), c. 8, s. 86
  • 2006, c. 11, s. 6
  • 2012, c. 31, s. 213
  • 2017, c. 20, s. 216, c. 33, s. 233

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 judge of that Court;

    • (b) by the Chief Justice or the Associate Chief Justice of the Federal Court, if the judge is a judge of that 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
  • 2018, c. 12, s. 301

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, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, by the Chief Justice 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 or associate chief justice.

  • 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.

  • (6) [Repealed, 2017, c. 33, s. 234]

  • 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
  • 2017, c. 33, s. 234

 [Repealed, 1992, c. 51, s. 9]

Chief Justice 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 or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada has notified 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 then 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 or the Chief Justice or Associate Chief Justice of the Federal Court or 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 or the Chief Justice or Associate Chief Justice of the Federal Court or 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 the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be.

  • Marginal note:Salary of judge

    (4) The salary of the Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada who has made the election referred to in subsection (1) is the salary annexed to the office of a judge (other than the Chief Justice) of the Federal Court of Appeal, a judge (other than the Chief Justice or the Associate Chief Justice) of the Federal Court or a 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)
  • 2018, c. 12, s. 302

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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