Marginal note:Election to cease to perform duties of Chief or Associate Chief of the Federal Court or Tax Court
31 (1) Where the Chief Justice or Associate Chief Justice of the Federal Court or the Chief Judge or Associate Chief Judge of the Tax Court of Canada has notified the Minister of Justice of Canada of his election to cease to perform the duties of that office and to perform only the duties of a judge, he shall thereupon hold only the office of a judge of the Federal Court or the Tax Court of Canada, as the case may be, and shall be paid the salary annexed to the office of a judge of the Federal Court or the Tax Court of Canada, as the case may be, until he reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.
Marginal note:Restriction on election
(2) The Chief Justice or Associate Chief Justice of the Federal Court or the Chief Judge or Associate Chief Judge of the Tax Court of Canada may make the election referred to in subsection (1) only if he has continued in the office for at least five years or has continued in the office and another office referred to in this subsection for a total of at least five years.
Marginal note:Duties of judge
(3) The Chief Justice or Associate Chief Justice of the Federal Court or the Chief Judge or Associate Chief Judge of the Tax Court of Canada who has made the election referred to in subsection (1) shall perform all of the judicial duties normally performed by a judge of the Federal Court or the Tax Court of Canada, as the case may be.
Marginal note:Salary of judge
(4) The salary of a Chief Justice or Associate Chief Justice of the Federal Court or a Chief Judge or Associate Chief Judge of the Tax Court of Canada who has made the election referred to in subsection (1) is the salary annexed to the office of judge, other than the Chief Justice or the Associate Chief Justice, of the Federal Court or judge, other than the Chief Judge or the Associate Chief Judge, of the Tax Court of Canada, as the case may be.
- 1980-81-82-83, c. 158, s. 35
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