Judges Act

Marginal note:Application of section 42

• 65.1 (1) If the Council recommends that a judge be removed from office in a report submitted to the Minister under section 65, for the purposes of calculating the judge’s annuity under section 42,

  • (a) the period beginning on the day on which the Council submits the report and ending on the day on which the judge ceases to hold judicial office is not considered to be part of the judge’s time in judicial office; and

  • (b) the salary used to calculate the annuity is the salary annexed to their office on the day on which the report is submitted.

• Marginal note:Suspension of contributions

  (2) The judge shall cease to make the contributions required under section 50 as of the day on which the report is submitted.

• Marginal note:Reimbursement and resumption

  (3) If a recommendation for removal is rejected by the Minister, the Senate or the House of Commons or if, on judicial review, the recommendation is rejected by a court whose decision is final, subsection (1) does not apply for the purposes of calculating the annuity of the judge who was the subject of the recommendation and that judge shall

  • (a) contribute, as if subsection (2) had never applied, the amounts that would have been required under section 50 as of the day on which the Council submitted the report to the Minister; and

  • (b) resume contributing the amounts required under section 50 as of the day on which the recommendation was rejected.