The Judges (continued)
Marginal note:Tenure of office
Marginal note:Cessation of office
(2) A judge shall cease to hold office on attaining the age of seventy-five years.
(3) A judge of the Court who holds office on March 1, 1987 may retire at the age of seventy years.
- R.S., 1985, c. T-2, s. 7
- R.S., 1985, c. 16 (3rd Supp.), s. 8
Marginal note:Oath of office
8 (1) Every judge shall, before entering on the duties of their office, take an oath that they will duly and faithfully, and to the best of their skill and knowledge, execute the powers and trusts reposed in them as a judge of the Court.
Marginal note:How administered
(2) The oath referred to in subsection (1) shall be administered to the Chief Justice before the Governor General, and to the other judges by the Chief Justice or, in the absence or incapacity of the Chief Justice, by any other judge.
- R.S., 1985, c. T-2, s. 8
- 2002, c. 8, s. 64
Marginal note:Deputy judges of the Court
9 (1) Subject to subsection (3), any judge or former judge of a superior court in Canada or any judge or former judge of any other court who was appointed under an Act of the legislature of a province may, at the request of the Chief Justice made with the approval of the Governor in Council, act as a judge of the Court and while so acting has all the powers of a judge of the Court and shall be referred to as a deputy judge of the Court.
Marginal note:Consent required
(2) No request may be made under subsection (1) to a judge of a court in a province without the consent of the chief justice or chief judge of the court of which he or she is a member, or of the attorney general of the province.
Marginal note:Approval of Governor in Council
(3) The Governor in Council may approve the making of requests pursuant to subsection (1) in general terms or for particular periods or purposes, and may limit the number of persons who may act under this section.
(4) A person who acts as a judge for a period under subsection (1) shall be paid a salary for the period at the rate fixed by the Judges Act for a judge of the Court, other than the Chief Justice or the Associate Chief Justice, less any amount otherwise payable to the person under that Act in respect of the period, and shall also be paid the travel allowances that a judge is entitled to be paid under that Act.
- R.S., 1985, c. T-2, s. 9
- 1998, c. 19, s. 289
- 2002, c. 8, ss. 65, 81(E)
Marginal note:Supernumerary judges
- 1980-81-82-83, c. 158, s. 10
Marginal note:Additional office of judge
11 For each of the offices of Chief Justice and Associate Chief Justice, there shall be an additional office of judge that the Chief Justice or Associate Chief Justice, respectively, may elect under the Judges Act to hold.
- R.S., 1985, c. T-2, s. 11
- 2002, c. 8, s. 66(E)
Jurisdiction and Powers of the Court
12 (1) The Court has exclusive original jurisdiction to hear and determine references and appeals to the Court on matters arising under the Air Travellers Security Charge Act, the Canada Pension Plan, the Cultural Property Export and Import Act, Part V.1 of the Customs Act, the Employment Insurance Act, the Excise Act, 2001, Part IX of the Excise Tax Act, Part 1 of the Greenhouse Gas Pollution Pricing Act, the Income Tax Act, the Old Age Security Act, the Petroleum and Gas Revenue Tax Act and the Softwood Lumber Products Export Charge Act, 2006 when references or appeals to the Court are provided for in those Acts.
(2) The Court has exclusive original jurisdiction to hear and determine appeals on matters arising under the War Veterans Allowance Act and the Civilian War-related Benefits Act and referred to in section 33 of the Veterans Review and Appeal Board Act.
Marginal note:Further jurisdiction
(3) The Court has exclusive original jurisdiction to hear and determine questions referred to it under section 51 or 52 of the Air Travellers Security Charge Act, section 97.58 of the Customs Act, section 204 or 205 of the Excise Act, 2001, section 310 or 311 of the Excise Tax Act, section 121 or 122 of the Greenhouse Gas Pollution Pricing Act, section 173 or 174 of the Income Tax Act or section 62 or 63 of the Softwood Lumber Products Export Charge Act, 2006.
Marginal note:Extensions of time
(4) The Court has exclusive original jurisdiction to hear and determine applications for extensions of time under section 45 or 47 of the Air Travellers Security Charge Act, subsection 28(1) of the Canada Pension Plan, section 33.2 of the Cultural Property Export and Import Act, section 97.51 or 97.52 of the Customs Act, subsection 103(1) of the Employment Insurance Act, section 197 or 199 of the Excise Act, 2001, section 304 or 305 of the Excise Tax Act, section 115 or 117 of the Greenhouse Gas Pollution Pricing Act or section 166.2 or 167 of the Income Tax Act.
Marginal note:Postponements of suspensions to issue tax receipts
(5) The Court has exclusive original jurisdiction to hear and determine applications referred to in subsection 188.2(4) of the Income Tax Act by a registered charity for a postponement of a period of suspension of the authority of the charity to issue official receipts referred to in Part XXXV of the Income Tax Regulations.
- R.S., 1985, c. T-2, s. 12
- R.S., 1985, c. 51 (4th Supp.), s. 4
- 1990, c. 45, s. 57
- 1991, c. 49, s. 221
- 1992, c. 24, s. 18
- 1995, c. 18, s. 98, c. 38, s. 6
- 1996, c. 23, ss. 187, 188
- 1998, c. 19, s. 290
- 1999, c. 10, s. 46
- 2001, c. 25, s. 101
- 2002, c. 9, ss. 6, 10, c. 22, ss. 398, 408
- 2005, c. 19, s. 61
- 2006, c. 11, s. 27, c. 13, s. 121
- 2018, c. 12, s. 189
Marginal note:Contempt against Court
13 The Court has the power, jurisdiction and authority to deal with and impose punishment for contempt against the Court, whether or not committed in the face of the Court.
- R.S., 1985, c. T-2, s. 13
- 2002, c. 8, s. 67
Proceedings Before the Court
14 (1) Subject to the rules of Court, any judge may sit and act at any time and at any place in Canada for the transaction of the business of the Court, and, where the judge so sits or acts, that judge constitutes the Court.
Marginal note:Arrangements to be made by Chief Justice
(2) Subject to the rules of Court, all arrangements that may be necessary or proper for the transaction of the business of the Court and the assignment from time to time of judges to transact that business shall be made by the Chief Justice.
Marginal note:Hearing in different places
(3) A proceeding before the Court may, by order of the Court, be heard partly at one place and partly at another.
- R.S., 1985, c. T-2, s. 14
- R.S., 1985, c. 51 (4th Supp.), s. 5
- 2002, c. 8, s. 68(E)
- Date modified: