Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Judges Act

Version of section 43 from 2018-06-21 to 2018-09-30:


Marginal note:Annuity payable to supernumerary judge

  •  (1) If a supernumerary judge, before becoming a supernumerary judge, held the office of chief justice, senior associate chief justice or associate chief justice, or served in the position of senior judge, as defined in subsection 29(6), of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of 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 or position previously held by him or her of chief justice, senior associate chief justice, associate chief justice or senior judge.

  • 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 or position previously held by him or her of chief justice, senior associate chief justice, associate chief justice or senior judge.

  • 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 a senior judge, as defined in subsection 22(3), 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 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 attainment of the age of retirement, to the office or position 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 or senior judge

    (2.2) If a chief justice or a senior judge, as defined in subsection 22(3), 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 or position of senior judge, if he or she had continued in that office or position for at least five years or had continued in that office or position and any other office or position of chief justice or senior judge 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
  • 2018, c. 12, s. 303
Date modified: