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Judges Act (R.S.C., 1985, c. J-1)

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Act current to 2019-06-06 and last amended on 2019-04-12. Previous Versions

PART IJudges (continued)

Benefits (continued)

Marginal note:Delegation

  •  (1) The Treasury Board may authorize the President or Secretary of the Treasury Board to exercise and perform, in such manner and subject to such terms and conditions as the Treasury Board directs, any of the powers and functions of the Treasury Board under sections 41.2 and 41.3 and may, from time to time as it sees fit, revise or rescind and reinstate the authority so granted.

  • Marginal note:Subdelegation

    (2) The President or Secretary of the Treasury Board may, subject to and in accordance with the authorization, authorize one or more persons under his or her jurisdiction or any other person to exercise or perform any of those powers or functions.

  • 2001, c. 7, s. 20

Annuities for Judges

Marginal note:Payment of annuities

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Definition of judicial office

    (4) In this section, judicial office means the office of a judge of a superior or county court or the office of a prothonotary of the Federal Court.

  • R.S., 1985, c. J-1, s. 42
  • 1998, c. 30, s. 7
  • 2002, c. 8, ss. 95, 111(E)
  • 2006, c. 11, s. 11
  • 2014, c. 39, s. 322
  • 2017, c. 33, s. 238

Marginal note:Annuity payable to supernumerary judge

  •  (1) If a supernumerary judge, before becoming one, held the office of chief justice, senior associate chief justice or associate chief 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 of chief justice, senior associate chief justice or associate chief justice previously held by him or her.

  • Marginal note:Annuity for former supernumerary judge

    (1.1) If a supernumerary judge to whom subsection (1) applies is appointed to a different court to perform only the duties of a judge, 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 of chief justice, senior associate chief justice or associate chief justice previously held by him or her.

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

    (2) 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, in accordance with section 31, or a chief justice of a superior court of a province, in accordance with section 32, or the Chief Justice 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 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 attainment of the age of retirement, to the office held by him or her immediately before his or her election.

  • Marginal note:Annuity — election under section 31.1

    (2.1) If the Chief Justice of the Court Martial Appeal Court of Canada, in accordance with section 31.1, 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 held by him or her immediately before his or her election, if he or she had continued in that office for at least five years or had continued in that office and any other office of chief justice for a total of at least five years.

  • Marginal note:Annuity payable to chief justice

    (2.2) If a chief justice is appointed to a different court 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 of chief justice, if he or she had continued in that office for at least five years or had continued in that office and any other office of chief justice for at least five years.

  • Marginal note:Definition of chief justice and chief justice of a superior court of a province

    (3) In subsections (2) to (2.2), 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, if that court is constituted with divisions, of a division of that court.

  • Marginal note:Application of subsections (1) and (2)

    (4) Subsections (1) and (2) are deemed to have come into force on April 1, 2012.

  • R.S., 1985, c. J-1, s. 43
  • 1992, c. 51, s. 19
  • 2002, c. 8, s. 96
  • 2012, c. 31, s. 217
  • 2017, c. 20, s. 221, c. 33, s. 239
  • 2018, c. 12, ss. 303, 308

Prorated Annuities — Early Retirement

Marginal note:55 years of age and 10 years in office

  •  (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.

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

  • 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. An immediate annuity shall be paid 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 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.

  • Marginal note:Definitions

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

    deferred annuity

    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

    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

    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
  • 2017, c. 33, s. 240
 
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