Judges Act (R.S.C., 1985, c. J-1)

Short Title

Marginal note:Short title

1 This Act may be cited as the Judges Act.

Interpretation

Marginal note:Definitions

2 In this Act,

age of retirement

age of retirement of a judge or of an associate judge means the age, fixed by law, at which the judge or associate judge ceases to hold office; (mise à la retraite d’office)

associate judge

associate judge means an associate judge of the Federal Court or an associate judge of the Tax Court of Canada and includes a supernumerary associate judge; (juge adjoint)

attorney general of the province

attorney general of the province, except where otherwise defined, means the minister of the Crown of the province who is responsible for judicial affairs; (procureur général de la province)

Commissioner

Commissioner means the Commissioner for Federal Judicial Affairs referred to in section 73; (commissaire)

common-law partner

common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

Council

Council means the Canadian Judicial Council established by subsection 59(1); (Conseil)

county

county includes district; (comté)

judge

judge includes a chief justice, senior associate chief justice, associate chief justice, supernumerary judge and regional senior judge; (juge)

Minister

Minister means the Minister of Justice of Canada; (ministre)

prothonotary

prothonotary[Repealed, 2022, c. 10, s. 333]

survivor

survivor, in relation to a judge or to an associate judge, means a person who was married to the judge or associate judge at the time of the judge’s or associate judge’s death or who establishes that he or she was cohabiting with the judge or associate judge in a conjugal relationship at the time of the judge’s or associate judge’s death and had so cohabited for a period of at least one year. (survivant)

Marginal note:Application to associate judges

• 2.1 (1) Subject to subsection (2), sections 26 to 26.‍3, 34 and 39, paragraphs 40(1)‍(a) and (b), subsection 40(2), sections 41, 41.‍2 to 42, 43.‍1 to 56 and 57, paragraph 60(2)‍(b) and Part IV also apply to an associate judge.

• Marginal note:Associate judge who made election

  (2) Sections 41.2, 41.3, 42 and 43.1 to 52.22 do not apply to an associate judge who made an election under the Economic Action Plan 2014 Act, No. 2 to continue to be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

PART IJudges and Associate Judges

Eligibility

Marginal note:Eligibility for appointment

3 No person is eligible to be appointed a judge of a superior court in any province unless, in addition to any other requirements prescribed by law, that person

• (a) is a barrister or advocate of at least 10 years’ standing at the bar of any province or has, for an aggregate of at least 10 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 under a law of Canada or a province; and

• (b) undertakes to participate in continuing education on matters related to sexual assault law and social context, which includes systemic racism and systemic discrimination, including by attending seminars established under paragraph 60(2)(b).

4 to 6 [Repealed, 1990, c. 17, s. 28]

7 [Repealed, 1992, c. 51, s. 4]

Age of Retirement

Marginal note:Retirement age

• 8 (1) A judge of the Supreme Court of British Columbia who held the office of a judge of the County Courts of British Columbia on March 1, 1987 and on June 30, 1990 may retire at the age of seventy years.

• Marginal note:Retirement age

  (2) A judge of the Superior Court of Justice in and for the Province of Ontario who held the office of a judge of the District Court of Ontario on March 1, 1987 and on August 31, 1990 may retire at the age of seventy years.

• Marginal note:Idem

  (3) A judge of the Supreme Court of Nova Scotia who held the office of a judge of the County Court of Nova Scotia on March 1, 1987 and on the coming into force of this subsection may retire at the age of seventy years.

Salaries

Marginal note:Supreme Court of Canada

9 The yearly salaries of the judges of the Supreme Court of Canada are as follows:

• (a) the Chief Justice of Canada, $435,600; and

• (b) the eight puisne judges, $403,300 each.

Marginal note:Federal Courts

10 The yearly salaries of the judges of the Federal Courts are as follows:

• (a) the Chief Justice of the Federal Court of Appeal, $371,400;

• (b) the other judges of the Federal Court of Appeal, $338,800 each;

• (c) the Chief Justice and the Associate Chief Justice of the Federal Court, $371,400 each; and

• (d) the other judges of the Federal Court, $338,800 each.

Marginal note:Federal Court associate judges

10.1 The yearly salaries of the associate judges of the Federal Court shall be 80% of the yearly salaries, calculated in accordance with section 25, of the judges referred to in paragraph 10(d).

Marginal note:Court Martial Appeal Court

10.2 The yearly salary of the Chief Justice of the Court Martial Appeal Court of Canada shall be $371,400.

Marginal note:Tax Court of Canada

11 The yearly salaries of the judges of the Tax Court of Canada are as follows:

• (a) the Chief Justice, $371,400;

• (b) the Associate Chief Justice, $371,400; and

• (c) the other judges, $338,800 each.

Marginal note:Tax Court of Canada associate judges

11.1 The yearly salaries of the associate judges of the Tax Court of Canada shall be 80% of the yearly salaries, calculated in accordance with section 25, of the judges referred to in paragraph 11(c).

Marginal note:Court of Appeal for Ontario and Superior Court of Justice

12 The yearly salaries of the judges of the Court of Appeal for Ontario and of the Superior Court of Justice in and for the Province of Ontario are as follows:

• (a) the Chief Justice and the Associate Chief Justice of Ontario, $371,400 each;

• (b) the 14 Justices of Appeal, $338,800 each;

• (c) the Chief Justice and the Associate Chief Justice of the Superior Court of Justice, $371,400 each; and

• (d) the 212 other judges of the Superior Court of Justice, $338,800 each.

Marginal note:Court of Appeal and Superior Court of Quebec

13 The yearly salaries of the judges of the Court of Appeal and of the Superior Court in and for the Province of Quebec are as follows:

• (a) the Chief Justice of Quebec, $371,400;

• (b) the 19 puisne judges of the Court of Appeal, $338,800 each;

• (c) the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Superior Court, $371,400 each; and

• (d) the 144 puisne judges of the Superior Court, $338,800 each.

Marginal note:Court of Appeal and Supreme Court of Nova Scotia

14 The yearly salaries of the judges of the Nova Scotia Court of Appeal and the Supreme Court of Nova Scotia are as follows:

• (a) the Chief Justice of Nova Scotia, $371,400;

• (b) the seven other judges of the Court of Appeal, $338,800 each;

• (c) the Chief Justice and the Associate Chief Justice of the Supreme Court, $371,400 each; and

• (d) the 23 other judges of the Supreme Court, $338,800 each.

Marginal note:Court of Appeal and Court of Queen’s Bench of New Brunswick

15 The yearly salaries of the judges of the Court of Appeal of New Brunswick and of the Court of Queen’s Bench of New Brunswick are as follows:

• (a) the Chief Justice of New Brunswick, $371,400;

• (b) the five other judges of the Court of Appeal, $338,800 each;

• (c) the Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $371,400 each; and

• (d) the 20 other judges of the Court of Queen’s Bench, $338,800 each.