An Act respecting the Supreme Court of Canada
Marginal note:Short title
- R.S., c. S-19, s. 1
appeal includes any proceeding to set aside or vary any judgment of the court appealed from; (appel)
Court means the Supreme Court of Canada continued by section 3; (Cour suprême ou Cour)
- court appealed from
court appealed from means the court from which the appeal is brought directly to the Supreme Court, whether that court is one of original jurisdiction or a court of appeal; (juridiction inférieure)
- final judgment
final judgment means any judgment, rule, order or decision that determines in whole or in part any substantive right of any of the parties in controversy in any judicial proceeding; (jugement définitif)
judge means a judge of the Court and includes the Chief Justice; (juge)
judgment, when used with reference to the court appealed from, includes any judgment, rule, order, decision, decree, decretal order or sentence thereof, and when used with reference to the Supreme Court, includes any judgment or order of that Court; (jugement)
- judicial proceeding
judicial proceeding includes any action, suit, cause, matter or other proceeding in disposing of which the court appealed from has not exercised merely a regulative, administrative or executive jurisdiction; (procédure judiciaire)
Registrar means the Registrar of the Court; (registraire)
- Supreme Court
Supreme Court has the meaning given in this section to “Court”; (Cour suprême ou Cour)
witness means any person, whether a party or not, to be examined under this Act. (témoin)
Marginal note:Application to the territories
(2) For the purposes of this Act, the expression “highest court of final resort in a province” includes, in Yukon, the Northwest Territories or Nunavut, the Court of Appeal of that territory.
- R.S., 1985, c. S-26, s. 2
- 1993, c. 28, s. 78
- 2002, c. 7, s. 237(E)
Marginal note:Original Court continued
3 The court of law and equity in and for Canada now existing under the name of the Supreme Court of Canada is hereby continued under that name, as a general court of appeal for Canada, and as an additional court for the better administration of the laws of Canada, and shall continue to be a court of record.
- R.S., 1985, c. S-26, s. 3
- 1993, c. 34, s. 115(F)
Marginal note:Constitution of Court
Marginal note:Appointment of judges
(2) The judges shall be appointed by the Governor in Council by letters patent under the Great Seal.
- R.S., c. S-19, s. 4
Marginal note:Who may be appointed judges
5 Any person may be appointed a judge who is or has been a judge of a superior court of a province or a barrister or advocate of at least ten years standing at the bar of a province.
- R.S., c. S-19, s. 5
Marginal note:For greater certainty
5.1 For greater certainty, for the purpose of section 5, a person may be appointed a judge if, at any time, they were a barrister or advocate of at least 10 years standing at the bar of a province.
- 2013, c. 40, s. 471
Marginal note:Three judges from Quebec
6 At least three of the judges shall be appointed from among the judges of the Court of Appeal or of the Superior Court of the Province of Quebec or from among the advocates of that Province.
- R.S., c. S-19, s. 6
- 1974-75-76, c. 19, s. 2
Marginal note:For greater certainty
6.1 For greater certainty, for the purpose of section 6, a judge is from among the advocates of the Province of Quebec if, at any time, they were an advocate of at least 10 years standing at the bar of that Province.
- 2013, c. 40, s. 472
Marginal note:No other office to be held
7 No judge shall hold any other office of emolument under the Government of Canada or the government of a province.
- R.S., c. S-19, s. 7
- R.S., c. S-19, s. 8
- 1974-75-76, c. 18, s. 1
- 1976-77, c. 25, s. 19
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.
- R.S., c. S-19, s. 9
Marginal note:Oath of office
10 Every judge shall, before entering on the duties of the office of judge, take an oath in the following form:
I, ..........., do solemnly and sincerely promise and swear that I will duly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as Chief Justice (oras one of the judges) of the Supreme Court of Canada. So help me God.
- R.S., c. S-19, s.10
Marginal note:How administered
11 The oath referred to in section 10 shall be administered to the Chief Justice before the Governor General in Council, and to the puisne judges by the Chief Justice or, in the case of absence or illness of the Chief Justice, by any other judge present at Ottawa.
- R.S., 1985, c. S-26, s. 11
- 1993, c. 34, s. 116(F)
The Registrar and Other Officers
Marginal note:Appointment of Registrar and Deputy Registrar
12 (1) The Governor in Council may by instruments under the Great Seal appoint fit and proper persons, being barristers or advocates of at least five years standing, to be Registrar of the Supreme Court and Deputy Registrar of the Supreme Court respectively.
- R.S., c. S-19, s. 12
Marginal note:Tenure and salary
(2) The Registrar and Deputy Registrar shall devote their full time to their respective positions and shall not receive any pay, fee or allowances in any form in excess of the amount provided under subsection (1).
- R.S., c. S-19, s. 13
Marginal note:Office and residence
14 The Registrar shall keep an office in the city of Ottawa and the Registrar and Deputy Registrar shall reside in the National Capital Region described in the schedule to the National Capital Act or within forty kilometres thereof.
- R.S., c. S-19, s. 14
- 1974-75-76, c. 18, s. 2
- 1976-77, c. 25, s. 20
Marginal note:Functions of Registrar
15 Subject to the direction of the Chief Justice, the Registrar shall superintend the officers, clerks and employees appointed to the Court.
- R.S., c. S-19, s. 15
- 1976-77, c. 25, s. 20
- Date modified: