Judges Act

Version of section 41 from 2002-12-31 to 2003-07-01:

Marginal note:Meeting, conference and seminar expenses
  •  (1) A judge of a superior court or of the Tax Court of Canada who attends a meeting, conference or seminar that is held for a purpose relating to the administration of justice and that the judge in the capacity of a judge is required by law to attend, or who, with the approval of the chief justice or chief judge of that court, attends any such meeting, conference or seminar that the judge in that capacity is expressly authorized by law to attend, is entitled to be paid, as a conference allowance, reasonable travel and other expenses actually incurred by the judge in so attending.

  • Marginal note:Idem

    (2) Subject to subsection (3), a judge of a superior court or of the Tax Court of Canada who, with the approval of the chief justice or chief judge of that court,

    • (a) attends a meeting, conference or seminar that the judge in the capacity of a judge is not expressly authorized by law or is not required by law to attend but that is certified by the chief justice or chief judge to be a meeting, conference or seminar having as its object or as one of its objects the promotion of efficiency or uniformity in the superior courts or the Tax Court of Canada, or the improvement of the quality of judicial service in those courts, or

    • (b) in lieu of attending a meeting, conference or seminar referred to in paragraph (a) that is certified as provided in that paragraph, acquires written or recorded materials distributed for the purpose of, or written or recorded proceedings of, any such meeting, conference or seminar,

    is entitled to be paid, as a conference allowance, reasonable travel and other expenses actually incurred by the judge in so attending or the cost of acquiring the materials or proceedings, as the case may be.

  • Marginal note:Limitation

    (3) Where the aggregate amount of conference allowances that have been paid under subsection (2) in any year

    • (a) to the judges of the Supreme Court of Canada exceeds the product obtained by multiplying the number of judges of that Court by one thousand dollars, or

    • (b) to the judges of any other particular superior court or the Tax Court of Canada exceeds the greater of the product obtained by multiplying the number of judges of that court by five hundred dollars, and five thousand dollars,

    no additional amount may be paid under that subsection in that year as a conference allowance to any judge of that court except with the approval of the Minister of Justice of Canada.

  • Marginal note:Definitions

    (4) For the purposes of this section,

    chief justice or chief judge

    juge en chef

    chief justice or chief judge of any court of which a particular judge is a member means the chief justice, chief judge or other person recognized by law as having rank or status senior to all other members of, or having the supervision of, that court, but where that court is a superior court constituted with divisions, then the person having such rank or status in relation to all other members of the division of which the particular judge is a member; (juge en chef)

    superior court

    juridiction supérieure

    superior court, in the case of a superior court constituted with divisions, means a division thereof. (juridiction supérieure)

  • R.S., 1985, c. J-1, s. 41;
  • R.S., 1985, c. 50 (1st Supp.), s. 7;
  • 1992, c. 51, s. 17.
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