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Judges Act (R.S.C., 1985, c. J-1)

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Act current to 2021-11-17 and last amended on 2021-06-29. Previous Versions

PART IJudges (continued)

Chief Justice Continuing as Judge (continued)

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

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

    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

    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
 
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