Judges Act

Marginal note:Supernumerary judges of provincial superior courts

• 29 (1) Where the legislature of a province has enacted legislation establishing for each office of judge of a superior court or courts of the province the additional office of supernumerary judge of the court or courts and a judge of such a court has notified the Minister of Justice of Canada and the attorney general of the province of his or her election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall thereupon hold only the office of supernumerary judge of that court and shall be paid the salary annexed to that office 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) No judge may make the election referred to in subsection (1) unless the judge

  • (a) has attained the age of sixty-five years and continued in judicial office for at least fifteen years; or

  • (b) has attained the age of seventy years and continued in judicial office for at least ten years.

• 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, senior associate chief justice or associate chief justice, as the case may be, of the court of which the judge is a member or, where that court is constituted with divisions, of the division of which the judge is a member; or

  • (b) in the case of a supernumerary judge of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice, by the senior judge of that Court.

• Marginal note:Salary of supernumerary judge

  (4) The salary of each supernumerary judge of a superior court is the salary annexed to the office of a judge of that court other than a chief justice, senior associate chief justice or associate chief justice.

• Marginal note:Reference to attorney general of a province

  (5) 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.

• Marginal note:Definition of "senior judge"

  (6) In this section, "senior judge" of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice means the judge with the earlier date of appointment to the court in question or, in the case of more than one judge appointed on the same day, means the judge that the Governor in Council may designate as the senior judge.