Judges Act (R.S.C., 1985, c. J-1)

RELATED PROVISIONS

• — R.S., 1985, c. 50 (1st Supp.), s. 4(2)

  • • 4 (2) For the twelve month period commencing April 1, 1986 and for each twelve month period thereafter,

      • (a) section 25 of the Judges Act does not apply in respect of judges of county and district courts;

      • (b) the salary annexed to the office of Chief Judge and Associate Chief Judge of a county or district court shall be $5,000 lower than the salary annexed to the office of Chief Justice and Associate Chief Justice of the superior court of a province; and

      • (c) the salary annexed to the office of judge of a county or district court, other than Chief Judge and Associate Chief Judge, shall be $5,000 lower than the salary annexed to the office of judge of the superior court of a province, other than a Chief Justice or Associate Chief Justice.

• — R.S., 1985, c. 50 (1st Supp.), s. 5(3)

  • Application

    • 5 (3) Subsections (1) and (2) apply in respect of the year commencing April 1, 1985 and subsequent years.

• — R.S., 1985, c. 50 (1st Supp.), s. 7(2)

  • Application

    • 7 (2) Subsection (1) applies in respect of the year commencing April 1, 1985 and subsequent years.

• — R.S., 1985, c. 50 (1st Supp.), ss. 8(1) and (2)

  • Where person ceased to hold office between April 1, 1985 and date of Royal Assent to this Act

    • 8 (1) For greater certainty, where a person ceased to hold office as lieutenant governor or as judge in the period commencing on April 1, 1985 and ending on the day preceding the day on which this Act is assented to,

      • (a) that person shall be paid the retroactive salary increment resulting from section 3 or 4 in respect of the period commencing on April 1, 1985 and ending on the day on which the person ceased to hold office;

      • (b) in the case of a lieutenant governor, any retroactive salary increment paid to the lieutenant governor pursuant to paragraph (a) shall, for the purposes of subsection 3(2) of the Lieutenant Governors Superannuation Act, be deemed to have been received by that person during the person’s term of office; and

      • (c) in the case of a judge, any annuity granted to or in respect of that judge is increased, as of the day it was granted, to reflect the higher salary annexed to the office held by the judge on the day on which the judge ceased to hold office.

    • Where person deceased

      (2) Where a person to whom a retroactive salary increment or a retroactive pension or annuity increment would be payable as a result of subsection (1) is deceased, that retroactive increment shall be paid as a death benefit to that person’s estate or, if less than one thousand dollars, as may be directed by the Secretary of State of Canada (in the case of a lieutenant governor) or the Minister of Justice (in the case of a judge).

• — R.S., 1985, c. 27 (2nd Supp.), s. 12

  • Transitional: other references to P.E.I. Court

    • 12 (1) A reference in any Act, other than in the provisions amended by the schedule to this Act, or in any document, instrument, regulation, proclamation or order in council, to the Supreme Court of Prince Edward Island shall be construed, as regards any transaction, matter or thing subsequent to the coming into force of this section, to be a reference to the Supreme Court of Prince Edward Island, Appeal Division, or the Supreme Court of Prince Edward Island, Trial Division, as the case may require.

    • Transitional: other references to Newfoundland Court

      (2) A reference in any Act, other than in the provisions amended by the schedule to this Act, or in any document, instrument, regulation, proclamation or order in council, to the District Court of Newfoundland shall be construed, as regards any transaction, matter or thing subsequent to the coming into force of this section, to be a reference to the Trial Division of the Supreme Court of Newfoundland.

• — R.S., 1985, c. 27 (2nd Supp.), s. 13

  • Transitional: salary for P.E.I. Court

    • 13 (1) Subject to subsection (2), the salaries of the judges of the Appeal Division and Trial Division of the Supreme Court of Prince Edward Island are, on the coming into force of this section, the same as the salary annexed to the office of judge of the Supreme Court of Prince Edward Island, other than the Chief Justice thereof, immediately before this section comes into force.

    • Idem

      (2) The salaries of the Chief Justice of Prince Edward Island and the Chief Justice of the Trial Division of the Supreme Court of Prince Edward Island are, on the coming into force of this section, the same as the salary annexed to the office of Chief Justice of the Supreme Court of Prince Edward Island immediately before this section comes into force.

    • Transitional: salary

      (3) Notwithstanding any other provision of this Act or the Judges Act, the person holding the office of Chief Judge of the District Court of Newfoundland immediately before the coming into force of section 2 of this Act shall continue to be paid the salary then annexed to that office until such time as the salary annexed to the office of judge of the Trial Division of the Supreme Court of Newfoundland exceeds that salary, at which time that person shall be paid the salary annexed to the office of judge of the Trial Division of the Supreme Court of Newfoundland.

• — R.S., 1985, c. 39 (3rd Supp.), s. 1(2)

  • • 1 (2) The salary annexed to the office of a judge referred to in subsection (1) shall not be adjusted in accordance with section 25 of the said Act for the twelve month periods commencing April 1, 1986, April 1, 1987 and April 1, 1988.

• — R.S., 1985, c. 39 (3rd Supp.), s. 2(2)

  • Transitional

    • 2 (2) Where, before the coming into force of this Act, payment of an annuity to the spouse or surviving spouse of a judge was suspended or ceased, on remarriage of the spouse or surviving spouse, pursuant to section 44 of the said Act, as that provision read from time to time, or any provision similar to that provision contained in any Act mentioned in subsection 44(2) of the said Act, payment of the annuity to the spouse or surviving spouse shall, subject to the said Act, be resumed on and with effect from the coming into force of this Act.

• — R.S., 1985, c. 39 (3rd Supp.), s. 3(2)

  • Transitional

    • 3 (2) Where, before the coming into force of this Act, payment of an annuity to a child of a judge ceased, on marriage of the child, pursuant to paragraph 47(1)(b) of the said Act, payment of the annuity to the child shall, subject to the said Act, be resumed on and with effect from the coming into force of this Act.

• — 1989, c. 8, s. 14

  • Coming into force

    • 14 (1) Subsections 27(1) and (2) of the said Act, as enacted by section 10 of this Act, are applicable to the year commencing on April 1, 1989 and to subsequent years and, for greater certainty, apply to a judge therein described who ceased to hold office during the period commencing on that day and ending on the day preceding the day on which this Act is assented to.

    • Idem

      (2) Paragraphs 40(1)(e) and (f) and subsection 40(1.2) of the said Act, as enacted by section 11 of this Act, shall be deemed to have come into force on April 1, 1988 and, for greater certainty, apply to a judge therein described who ceased to hold office during the period commencing on that day and ending on the day preceding the day on which this Act is assented to.

• — 1990, c. 16, s. 24(1)

  • Transitional: proceedings

    • 24 (1) Every proceeding commenced before the coming into force of this subsection and in respect of which any provision amended by this Act applies shall be taken up and continued under and in conformity with that amended provision without any further formality.

• — 1990, c. 16, s. 25

  • Salary of Associate Chief Justice

    • 25 (1) The salary of the Associate Chief Justice of the Supreme Court of British Columbia is, on the coming into force of this subsection, the same as the salary annexed to the office of the Chief Justice of that Court.

    • Transitional: salary

      (2) Notwithstanding the Judges Act, the person who holds the office of Chief Judge of the County Courts of British Columbia immediately before the coming into force of subsection 15(2) shall continue to be paid the salary then annexed to that office until such time as the salary annexed to the office of judge of the Supreme Court of British Columbia exceeds that salary, at which time that person shall be paid the salary annexed to the last-mentioned office.

• — 1990, c. 17, s. 45(1)

  • Transitional: proceedings

    • 45 (1) Every proceeding commenced before the coming into force of this subsection and in respect of which any provision amended by this Act applies shall be taken up and continued under and in conformity with that amended provision without any further formality.

• — 1990, c. 17, s. 46

  • Transitional: salary

    • 46 (1) Notwithstanding the Judges Act, a person who holds the office of Chief Judge or Associate Chief Judge of the District Court of Ontario immediately before the coming into force of section 30 shall continue to be paid the salary then annexed to that office until such time as the salary annexed to the office of judge of the Ontario Court (General Division) exceeds that salary, at which time that person shall be paid the salary annexed to the last-mentioned office.

    • Transitional: annuity

      (2) Notwithstanding the Judges Act, the Chief Judge and the Associate Chief Judge of the District Court of Ontario shall, on the coming into force of this subsection, be deemed to have made an election in accordance with section 32 of that Act for the purposes of subsection 43(2) of that Act, and if, at the time of their resignation, removal or attaining the age of retirement, they were holding office as judge of the Ontario Court (General Division), the annuity payable to them under section 42 of that Act shall be an annuity equal to two thirds of the salary annexed to the office of chief judge of a county court or, if there is no such office at that time, two thirds of the result obtained by subtracting five thousand dollars from the salary annexed at that time to the office of Chief Justice of the Ontario Court.

• — 1992, c. 51, s. 67(1)

  • Transitional: proceedings

    • 67 (1) Every proceeding commenced before the coming into force of this subsection and in respect of which any provision amended by this Act applies shall be taken up and continued under and in conformity with that amended provision without any further formality.

• — 1992, c. 51, s. 68

  • Transitional: salary

    • 68 (1) Notwithstanding the Judges Act, a person who holds the office of Chief Judge of the County Court of Nova Scotia immediately before the coming into force of section 6 shall continue to be paid the salary then annexed to that office until the salary annexed to the office of judge of the Supreme Court of Nova Scotia exceeds that salary, at which time that person shall be paid the salary annexed to the last-mentioned office.

    • Transitional: annuity

      (2) Notwithstanding the Judges Act, the Chief Judge of the County Court of Nova Scotia shall, on the coming into force of this subsection, be deemed to have made an election in accordance with section 32 of that Act for the purposes of subsection 43(2) of that Act, and if, at the time of resignation, removal or attaining the age of retirement, is holding office as a puisne judge of the Supreme Court of Nova Scotia or the Nova Scotia Court of Appeal, the annuity payable under section 42 of that Act shall be an annuity equal to two thirds of the result obtained by subtracting five thousand dollars from the salary annexed at that time to the office of Chief Justice of the Supreme Court of Nova Scotia.

    • Idem

      (3) Where, before the coming into force of this subsection, an annuity has been granted to or in respect of a judge of a county or district court of any province pursuant to sections 42, 43, 44 and 47 of the Judges Act, payment of that annuity shall continue in accordance with those sections, as they read immediately before the coming into force of this subsection.

• — 1996, c. 2, s. 1(2)

  • Application

    • 1 (2) For greater certainty, subsection 26(2) of the Act, as enacted by subsection (1), applies with respect to the report to be submitted by the commissioners appointed effective September 30, 1995.

• — 1996, c. 30, s. 7

  • Application of subsections 27(2) and (3) of the Judges Act

    7 For greater certainty, payments of allowances made before the coming into force of this Act to judges of the Supreme Court of the Yukon Territory and the Supreme Court of the Northwest Territories under subsection 27(2) of the Judges Act and to judges of the Federal Court under subsection 27(3) of that Act, as those subsections read immediately before the coming into force of this Act, are authorized.

• — 2002, c. 8, ss. 185(11), (12)

  • Interpretation

    • 185 (11) For the purposes of subsections 31(1) and (2) of the Judges Act, as enacted by subsection 90(1) of this Act, any period during which a person holds the office of Chief Justice or Associate Chief Justice of the Federal Court of Canada is deemed to be a period during which he or she holds the office of Chief Justice of the Federal Court of Appeal or the Federal Court.

    • For greater certainty

      (12) For greater certainty, for the purposes of sections 31, 43 and 44 of the English version of the Judges Act, “Chief Justice” and “Associate Chief Justice” include “Chief Judge” and “Associate Chief Judge”, respectively.

• — 2006, c. 11, s. 36

  • Section 44.2 of the Judges Act

    36 Section 44.2 of the Judges Act, as enacted by section 163 of the Modernization of Benefits and Obligations Act, chapter 12 of the Statutes of Canada, 2000, and replaced by section 24 of An Act to amend the Judges Act and to amend another Act in consequence, chapter 7 of the Statutes of Canada, 2001, and the Optional Survivor Annuity Regulations, made by Order in Council P.C. 2001-1362 on August 1, 2001 and registered as SOR/2001-283, are deemed to have come into force on August 1, 2001.

• — 2014, c. 39, s. 329

  • Salary

    329 Despite section 10.1 of the Judges Act, a prothonotary of the Federal Court is only entitled to be paid, in respect of the period beginning on April 1, 2012 and ending on the day on which this section comes into force, the difference between the salary described in that section 10.1 and any salary paid or payable to the prothonotary for the same period under the Federal Courts Act.

• — 2014, c. 39, s. 330

  • Election

    • 330 (1) A prothonotary of the Federal Court who holds office on the day on which this section comes into force will continue to be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act, as if subsection 12(5) of the Federal Courts Act was not repealed, if the prothonotary makes an election to that effect. The election must be made in writing, signed by the prothonotary, and sent to the President of the Treasury Board within six months after the day on which this section comes into force.

    • Election irrevocable

      (2) An election made under subsection (1) is irrevocable.

    • No election — no prior pensionable service

      (3) If a prothonotary does not make an election under subsection (1) and the prothonotary did not have any pensionable service to their credit for the purposes of the Public Service Superannuation Act before holding the office of prothonotary,

      • (a) the prothonotary ceases to be deemed to be employed in the public service for the purposes of that Act on the day on which this section comes into force;

      • (b) the prothonotary is not entitled to a refund of any contributions made by the prothonotary under that Act in respect of any period during which the prothonotary held the office of prothonotary;

      • (c) the prothonotary is not entitled to a return of contributions under subsection 12(3) of that Act in respect of any period during which the prothonotary held the office of prothonotary;

      • (d) the period during which the prothonotary held the office of prothonotary is not counted as pensionable service for the purposes of that Act;

      • (e) if the prothonotary made an election under subsection 51(1) of that Act, the election is deemed never to have been made; and

      • (f) subsection 51(2) of that Act does not apply to the prothonotary.

    • No election — prior pensionable service

      (4) If a prothonotary does not make an election under subsection (1) and the prothonotary had pensionable service to their credit for the purposes of the Public Service Superannuation Act before holding the office of prothonotary,

      • (a) the prothonotary ceases to be deemed to be employed in the public service for the purposes of that Act on the day on which this section comes into force;

      • (b) the prothonotary is not entitled to a refund of any contributions made by the prothonotary under that Act in respect of any period during which the prothonotary held the office of prothonotary;

      • (c) the period during which the prothonotary held the office of prothonotary before the day on which this section comes into force is not counted as pensionable service for the purposes of that Act, other than for the purposes of sections 12 and 13 of that Act;

      • (d) despite subsection 69(3) of that Act, for the purposes of section 69 of that Act, the retirement year or retirement month of the prothonotary is the year or month, as the case may be, in which the prothonotary was appointed to the office of prothonotary; and

      • (e) for the purposes of Part II of that Act, the prothonotary’s salary is their salary in the public service on the day before the day on which they were appointed to the office of prothonotary, expressed in terms of an annual rate.

• — 2017, c. 20, s. 227

  • Tenure extension

    227 Despite subsection 26.1(3) of the Judges Act, the term of office of the three members appointed under section 26.1 of that Act to the Judicial Compensation and Benefits Commission that began its inquiry on October 1, 2015 is extended to May 31, 2020.

• — 2017, c. 33, s. 254

  • Definition of senior judge

    • 254 (1) In this section, senior judge has the same meaning as in subsection 22(3) of the Judges Act as it read immediately before the day on which subsection 232(4) of this Act comes into force.

    • Rights preserved

      (2) For the purposes of the Judges Act, the years during which a senior judge of the Supreme Court of Yukon, the Supreme Court of Northwest Territories or the Nunavut Court of Justice has continued in office are deemed to be years during which a chief justice has continued in judicial office.

• — 2021, c. 23, s. 253

  • Section 65.1 of Judges Act

    253 Section 65.1 of the Judges Act does not apply to a judge whose removal from judicial office has been recommended by the Canadian Judicial Council before the day on which section 252 comes into force.

• — 2022, c. 10, s. 372

  • Prothonotaries

    372 For greater certainty, every person who, immediately before the day on which this section comes into force, holds office as prothonotary of the Federal Court, supernumerary prothonotary of the Federal Court, prothonotary of the Tax Court of Canada or supernumerary prothonotary of the Tax Court of Canada continues in office as associate judge of the Federal Court, supernumerary associate judge of the Federal Court, associate judge of the Tax Court of Canada or supernumerary associate judge of the Tax Court of Canada, as the case may be.

• — 2022, c. 10, s. 373

  • Judges Act

    373 For greater certainty, for the purposes of the Judges Act, nothing in section 371 of this Act affects the number of years during which a person who held office as prothonotary, as defined in that Act as it read immediately before the day on which this section comes into force, has continued in judicial office.

• — 2023, c. 18, s. 14

  • Ongoing inquiries and investigations

    14 The Judges Act, as it read immediately before the day on which this Act comes into force, continues to apply in respect of any inquiry or investigation commenced under that Act before that day.

• — 2023, c. 18, s. 15

  • Inquiry requested under subsection 63(1)

    • 15 (1) If an inquiry has been requested under subsection 63(1) of the Judges Act before the day on which this Act comes into force and the inquiry has not commenced before that day, the request is deemed to be a request made on that day under section 148 of that Act, as enacted by section 12 of this Act.

    • Complaint or allegation referred to in subsection 63(2)

      (2) If a complaint or allegation referred to in subsection 63(2) of the Judges Act is made before the day on which this Act comes into force and an investigation into it has not commenced before that day, the complaint or allegation is deemed to be a complaint made on that day under subsection 86(1) of that Act, as enacted by section 12 of this Act.

    • Inquiry requested under subsection 69(1)

      (3) If an inquiry has been requested under subsection 69(1) of the Judges Act before the day on which this Act comes into force and the inquiry has not commenced before that day, the request is deemed to be a request made on that day under section 152 of that Act, as enacted by section 12 of this Act.

• — 2023, c. 18, s. 16

  • Notice of application for leave to appeal

    16 If a report made under section 65 of the Judges Act, as that section read immediately before the day on which this Act comes into force, contains a recommendation that a judge be removed from office, that judge may, within 30 days after that day, file a notice of application for leave to appeal the report to the Supreme Court of Canada and, if leave is granted, section 138 of that Act, as enacted by section 12 of this Act, applies with respect to the appeal.