Marginal note:Federal Courts and Tax Court
28 (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
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 member of the Federal Court of Appeal;
(b) by the Chief Justice of the Federal Court, if the judge is a member of the Federal 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
- Date modified: