Judges Act

Version of section 28 from 2003-07-02 to 2006-12-13:

Marginal note:Supernumerary judges of the Federal Court of Appeal, Federal Court and Tax Court of Canada
  •  (1) If a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada notifies the Minister of Justice of Canada of the judge's election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall, after giving that notice, hold only the office of supernumerary judge of that Court and shall be paid the salary annexed to that office until the judge reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.

  • Marginal note:Restriction on election

    (2) No judge may make the election referred to in subsection (1) unless the judge

    • (a) has attained the age of sixty-five years and has continued in judicial office for at least fifteen years; or

    • (b) has attained the age of seventy years and has continued in judicial office for at least ten years.

  • Marginal note:Duties of judge

    (3) A judge who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the judge

    • (a) by the Chief Justice of the Federal Court of Appeal, if the judge is a member of the Federal Court of Appeal;

    • (b) by the Chief Justice of the Federal Court, if the judge is a member of the Federal Court; or

    • (c) by the Chief Justice or the Associate Chief Justice of the Tax Court of Canada, if the judge is a judge of that Court.

  • Marginal note:Salary of supernumerary judge

    (4) The salary of each supernumerary judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada is the salary annexed to the office of a judge of that Court, other than the office of a Chief Justice or Associate Chief Justice.

  • R.S., 1985, c. J-1, s. 28;
  • R.S., 1985, c. 16 (3rd Supp.), s. 3;
  • 2002, c. 8, s. 87.
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