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Judges Act (R.S.C., 1985, c. J-1)

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Act current to 2022-09-11 and last amended on 2022-06-23. Previous Versions

PART IJudges and Prothonotaries (continued)

Supernumerary Judges and Prothonotaries (continued)

Marginal note:Supernumerary prothonotaries

  •  (1) If a prothonotary 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 prothonotary, the prothonotary shall hold the office of supernumerary prothonotary 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 end of five 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 prothonotary

    • (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 prothonotary

    (3) A prothonotary 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 prothonotary by the chief justice or the associate chief justice of the court to which he or she is appointed.

  • Marginal note:Salary of supernumerary prothonotary

    (4) The salary of each supernumerary prothonotary is the salary annexed to the office of a prothonotary.

  • Marginal note:Deemed election and notice

    (5) For the purposes of subsection (1), if a prothonotary gives notice to the Minister of Justice of Canada of the prothonotary’s election to be effective on a future day specified in the notice, being a day on which the prothonotary will be eligible to make the election, the prothonotary is, effective on that day, deemed to have elected and given notice of the election on that day.

  • R.S., 1985, c. J-1, s. 30
  • R.S., 1985, c. 16 (3rd Supp.), s. 4
  • 1990, c. 17, s. 32
  • 1992, c. 51, s. 9
  • 2022, c. 10, s. 358

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)

Marginal note:Chief Justice

  •  (1) If the Chief Justice of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice has notified the Minister of Justice of Canada and the attorney general of the territory of his or her election to cease to perform the duties of chief justice and to perform only the duties of a judge, he or she shall then hold only the office of a judge, other than the chief justice, of that court and shall be paid the salary annexed to the office of a judge, other than the 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 may make the election referred to in subsection (1) only if he or she has continued in that office for at least five years.

  • Marginal note:Duties

    (3) A chief justice 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 the applicable court.

  • Marginal note:Salary

    (4) The salary of a chief justice 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 applicable court.

  • 2012, c. 31, s. 216
  • 2017, c. 33, s. 236

Early Notice

Marginal note:Deemed election and notice

  •  (1) If a judge gives notice to the Minister of Justice of Canada and, if appropriate, to the attorney general of the province concerned of the judge’s election as provided in section 28, 29, 31, 31.1, 32 or 32.1 to be effective on a future day specified in the notice, being a day on which the judge will be eligible to so elect, the judge is, effective on that day, deemed to have elected and given notice of the election on that day under section 28, 29, 31, 31.1, 32 or 32.1, as the case may be.

  • Marginal note:Reference to attorney general of a province

    (2) 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.

  • R.S., 1985, c. J-1, s. 33
  • 1992, c. 51, s. 11
  • 1993, c. 28, s. 78
  • 2002, c. 7, s. 192
  • 2017, c. 20, s. 219

Travel and Other Allowances

Marginal note:Superior courts

  •  (1) Subject to this section and sections 36 to 39, a judge of a superior court who, for the purposes of performing any function or duty in that capacity, attends at any place other than that at which or in the immediate vicinity of which the judge is by law obliged to reside is entitled to be paid, as a travel allowance, moving or transportation expenses and the reasonable travel and other expenses incurred by the judge in so attending.

  • Marginal note:Where no allowance

    (2) No judge is entitled to be paid a travel allowance for attending at or in the immediate vicinity of the place where the judge resides.

  • R.S., 1985, c. J-1, s. 34
  • 1992, c. 51, s. 12
  • 2002, c. 8, s. 92

 [Repealed, 1992, c. 51, s. 13]

Marginal note:Certain superior courts, where no allowance

  •  (1) No travel allowance shall be paid

    • (a) to a judge of the Nova Scotia Court of Appeal or of the Supreme Court of Nova Scotia for attending at the judicial centre at which or in the immediate vicinity of which the judge maintains his or her principal office;

    • (b) to a judge of the Court of Appeal of Prince Edward Island or the Supreme Court of Prince Edward Island for attending at the city of Charlottetown; or

    • (c) to a judge of the Court of Appeal for British Columbia for attending at either of the cities of Victoria or Vancouver, unless the judge resides at the other of those cities or in the immediate vicinity thereof.

  • Marginal note:Where place of residence approved by order in council

    (2) Nothing in subsection (1) affects the right of a judge to be paid a travel allowance under subsection 34(1) if the judge resides at a place approved by the Governor in Council.

  • R.S., 1985, c. J-1, s. 36
  • 1992, c. 51, s. 14
  • 2015, c. 3, s. 127

Marginal note:Judges of Supreme Court of Nova Scotia

 A judge of the Supreme Court of Nova Scotia who, for the purposes of performing any function or duty in that capacity, attends at any judicial centre within the judicial district for which the judge is designated as a resident judge, other than the judicial centre at which or in the immediate vicinity of which the judge resides or maintains his or her principal office, is entitled to be paid, as a travel allowance, moving or transportation expenses and the reasonable travel and other expenses incurred by the judge in so attending.

  • R.S., 1985, c. J-1, s. 37
  • 1992, c. 51, s. 15

Marginal note:Judges of the Superior Court of Justice of Ontario

 A judge of the Superior Court of Justice in and for the Province of Ontario who, for the purpose of performing any function or duty in that capacity, attends at any judicial centre within the region for which the judge was appointed or assigned, other than the judicial centre at which or in the immediate vicinity of which the judge resides, is entitled to be paid, as a travel allowance, moving or transportation expenses and the reasonable travel and other expenses incurred by the judge in so attending.

  • R.S., 1985, c. J-1, s. 38
  • R.S., 1985, c. 11 (1st Supp.), s. 2
  • 1990, c. 17, s. 33
  • 1998, c. 30, s. 6

Marginal note:Certificate of judge

 Every application for payment of a travel allowance shall be accompanied by a certificate of the judge applying for it showing the number of days for which a travel allowance is claimed and the amount of the actual expenses incurred.

  • R.S., c. J-1, s. 21

Marginal note:Removal allowance

  •  (1) A removal allowance shall be paid to

    • (a) a person who is appointed a judge of a superior court and who, for the purposes of assuming the functions and duties of that office, is required to move from his or her place of residence to a place outside the immediate vicinity of the place where the person resided at the time of the appointment;

    • (b) a judge of a superior court who, during tenure and for the purposes of performing the functions and duties of that office, is required to change the place of residence of the judge to a place other than that at which or in the immediate vicinity of which the judge was required to reside immediately before being required to change the place of residence of that judge;

    • (c) a judge of the Supreme Court of Newfoundland and Labrador resident in Labrador, the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice who moves to a place of residence in one of the 10 provinces or in another territory during the period of two years

      • (i) beginning two years before the judge’s date of eligibility to retire, or

      • (ii) if no removal allowance is paid in respect of a move made during the period described in subparagraph (i), beginning on the judge’s date of retirement or resignation from office;

    • (d) a survivor or child, as defined in subsection 47(1), of a judge of the Supreme Court of Newfoundland and Labrador resident in Labrador, the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice who dies while holding office as such, if the survivor or child lives with the judge at the time of the judge’s death and, within two years after the death, moves to a place of residence in one of the 10 provinces or in another territory;

    • (e) a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada who moves to a place of residence in Canada outside the area within which the judge was required to reside by the Act establishing that Court, during the period of two years

      • (i) beginning two years before the judge’s date of eligibility to retire, or

      • (ii) if no removal allowance is paid in respect of a move made during the period described in subparagraph (i), beginning on the judge’s date of retirement or resignation from office; and

    • (f) a survivor or child, as defined in subsection 47(1), of a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada who dies while holding office as such, if the survivor or child lives with the judge at the time of the judge’s death and, within two years after the death, moves to a place of residence in Canada outside the area within which the judge was required to reside by the Act establishing that Court.

  • Marginal note:Limitation

    (1.1) Paragraphs (1)(c) and (d) apply only in respect of

    • (a) a judge who resided in one of the 10 provinces or in another territory at the time of appointment to the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, as the case may be; or

    • (b) a judge of the Supreme Court of Newfoundland and Labrador resident in Labrador who at the time of appointment did not reside there.

  • Marginal note:Limitation

    (1.2) Paragraphs (1)(e) and (f) apply only in respect of a judge who, at the time of appointment to the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be, resided outside the area within which the judge was required to reside by the Act establishing that Court.

  • Marginal note:Idem

    (2) A removal allowance referred to in subsection (1) shall be paid for moving and other expenses of such kinds as are prescribed by or under the authority of the Governor in Council and on such terms and conditions as are so prescribed.

  • Marginal note:Expenses of spouse or common-law partner

    (2.1) Where a removal allowance is payable to a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada under paragraph (1)(a), an employment assistance allowance shall be paid to the judge’s spouse or common-law partner up to a maximum of $5,000 for expenses actually incurred by the spouse or common-law partner in pursuing employment in the judge’s new place of residence.

  • R.S., 1985, c. J-1, s. 40
  • R.S., 1985, c. 50 (1st Supp.), s. 6
  • 1989, c. 8, s. 11
  • 1992, c. 51, s. 16
  • 1999, c. 3, s. 75
  • 2000, c. 12, s. 160
  • 2002, c. 7, s. 193, c. 8, s. 93
  • 2006, c. 11, s. 9
  • 2017, c. 20, s. 220
 
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