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Federal Courts Act

Version of section 5 from 2002-12-31 to 2003-07-01:


Marginal note:Constitution of Court

  •  (1) The Court shall consist of the following judges:

    • (a) a chief justice called the Chief Justice of the Federal Court of Canada, who shall be the president of the Court, shall be the president of and a member of the Court of Appeal and shall be ex officio a member of the Trial Division;

    • (b) an associate chief justice called the Associate Chief Justice of the Federal Court of Canada, who shall be the president of and a member of the Trial Division and shall be ex officio a member of the Court of Appeal; and

    • (c) not more than 44 other judges, 12 of whom shall be appointed to the Court of Appeal and shall be ex officio members of the Trial Division, and the remainder of whom shall be appointed to the Trial Division and shall be ex officio members of the Court of Appeal.

  • Marginal note:Supernumerary judges

    (2) For each office of judge of the Court of Appeal and of the Trial Division, there shall be the additional office of supernumerary judge that a judge of that Division may elect under the Judges Act to hold.

  • Marginal note:Additional office of judge

    (3) For each of the offices of Chief Justice and Associate Chief Justice, there shall be the additional office of judge that the Chief Justice or Associate Chief Justice, as the case may be, may elect under the Judges Act to hold.

  • Marginal note:Appointment of judges

    (4) The judges shall be appointed by the Governor in Council by letters patent under the Great Seal.

  • Marginal note:Who may be appointed judge

    (5) Any person may be appointed a judge of the Court who

    • (a) is or has been a judge of a superior, county or district court in Canada,

    • (b) is or has been a barrister or advocate of at least ten years standing at the bar of any province, or

    • (c) has, for an aggregate of at least ten years,

      • (i) been a barrister or advocate at the bar of any province, and

      • (ii) after becoming a barrister or advocate at the bar of any province, exercised powers and performed duties and functions of a judicial nature on a full-time basis in respect of a position held pursuant to a law of Canada or a province.

  • Marginal note:Judges for the Province of Quebec

    (6) At least 15 of the judges shall be persons who have been judges of the Court of Appeal or of the Superior Court of the Province of Quebec, or have been members of the bar of that Province.

  • R.S., 1985, c. F-7, s. 5
  • R.S., 1985, c. 41 (1st Supp.), s. 11
  • 1992, c. 49, s. 127
  • 1996, c. 22, s. 1
  • 2001, c. 41, s. 95
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