Federal Courts Act (R.S.C., 1985, c. F-7)

Act current to 2013-04-29 and last amended on 2013-04-01. Previous Versions

Marginal note:Residence of judges
  •  (1) The judges of the Federal Court of Appeal and the Federal Court shall reside in the National Capital Region described in the schedule to the National Capital Act or within 40 kilometres of that Region.

  • Marginal note:Rota of judges

    (2) Notwithstanding subsection (1), the Rules may provide for a rota of judges in order to ensure continuity of judicial availability in any centre where the volume of work or other circumstances make such an arrangement expedient.

  • Marginal note:No judge to be away for more than one month

    (3) No judge shall be required under rules made under subsection (2) to remain in any centre other than the National Capital Region for a period longer than one month, unless it becomes necessary to do so to complete the hearing of a cause or matter.

  • R.S., 1985, c. F-7, s. 7;
  • 2002, c. 8, s. 17;
  • 2006, c. 11, s. 22(E).
Marginal note:Tenure of office
  •  (1) Subject to subsection (2), the judges of the Federal Court of Appeal and the Federal Court hold office during good behaviour, but are removable by the Governor General on address of the Senate and House of Commons.

  • Marginal note:Cessation of office

    (2) A judge of the Federal Court of Appeal or the Federal Court ceases to hold office on becoming 75 years old.

  • Marginal note:Transitional

    (3) A judge who holds office on March 1, 1987 may retire at the age of seventy years.

  • R.S., 1985, c. F-7, s. 8;
  • R.S., 1985, c. 16 (3rd Supp.), s. 7;
  • 2002, c. 8, s. 18.
Marginal note:Oath of office for judges
  •  (1) Before judges of the Federal Court of Appeal or the Federal Court begin to perform their duties as judges, they shall take an oath that they will duly and faithfully execute their powers and trusts as judges to the best of their skill and knowledge.

  • Marginal note:How administered — Federal Court of Appeal

    (2) The oath shall be administered to the Chief Justice of the Federal Court of Appeal before the Governor General, and to the other judges of that court by the Chief Justice of that court or, in the absence or incapacity of the Chief Justice, by any other judge of that court.

  • Marginal note:How administered — Federal Court

    (3) The oath shall be administered to the Chief Justice of the Federal Court before the Governor General, and to the other judges of that court by the Chief Justice of that court or, in the absence or incapacity of the Chief Justice, by any other judge of that court.

  • R.S., 1985, c. F-7, s. 9;
  • 2002, c. 8, s. 19.