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Judges Act (R.S.C., 1985, c. J-1)

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Act current to 2022-08-08 and last amended on 2022-06-23. Previous Versions

Judges Act

R.S.C., 1985, c. J-1

An Act respecting judges of federal and provincial courts

Short Title

Marginal note:Short title

 This Act may be cited as the Judges Act.

  • R.S., c. J-1, s. 1

Interpretation

Marginal note:Definitions

 In this Act,

age of retirement

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

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)

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)

prothonotary

prothonotary means a prothonotary of the Federal Court or a prothonotary of the Tax Court of Canada and includes a supernumerary prothonotary; (protonotaire)

survivor

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

  • R.S., 1985, c. J-1, s. 2
  • 1990, c. 17, s. 27
  • 1992, c. 51, s. 2
  • 2000, c. 12, s. 159
  • 2002, c. 8, s. 82(E)
  • 2014, c. 39, s. 316
  • 2017, c. 33, s. 230
  • 2022, c. 10, s. 333

Marginal note:Application to prothonotaries

  •  (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), subsections 63(1) and (2) and sections 64 to 66 also apply to a prothonotary.

  • Marginal note:Prothonotary who made election

    (2) Sections 41.2, 41.3, 42 and 43.1 to 52.22 do not apply to a prothonotary 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 Prothonotaries

Eligibility

Marginal note:Eligibility for appointment

 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).

 [Repealed, 1990, c. 17, s. 28]

 [Repealed, 1992, c. 51, s. 4]

Age of Retirement

Marginal note:Retirement age

  •  (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.

  • R.S., 1985, c. J-1, s. 8
  • R.S., 1985, c. 16 (3rd Supp.), s. 1
  • 1992, c. 51, s. 4
  • 1998, c. 30, s. 1

Salaries

Marginal note:Supreme Court of Canada

 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.

  • R.S., 1985, c. J-1, s. 9
  • R.S., 1985, c. 50 (1st Supp.), s. 4, c. 39 (3rd Supp.), s. 1
  • 2001, c. 7, s. 1
  • 2006, c. 11, s. 1
  • 2012, c. 31, s. 210
  • 2017, c. 20, s. 196
  • 2022, c. 10, s. 336

Marginal note:Federal Courts

 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.

  • R.S., 1985, c. J-1, s. 10
  • R.S., 1985, c. 41 (1st Supp.), s. 1, c. 50 (1st Supp.), s. 4, c. 39 (3rd Supp.), s. 1
  • 2001, c. 7, s. 2
  • 2002, c. 8, s. 83
  • 2006, c. 11, s. 1
  • 2012, c. 31, s. 210
  • 2017, c. 20, s. 197
  • 2018, c. 12, s. 297
  • 2022, c. 10, s. 337

Marginal note:Federal Court prothonotaries

 The yearly salaries of the prothonotaries 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).

  • 2014, c. 39, s. 318
  • 2017, c. 20, s. 198

Marginal note:Court Martial Appeal Court

 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

 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.

  • R.S., 1985, c. J-1, s. 11
  • R.S., 1985, c. 11 (1st Supp.), s. 2, c. 51 (4th Supp.), s. 13
  • 2001, c. 7, s. 3
  • 2002, c. 8, s. 84(E)
  • 2006, c. 11, s. 1
  • 2012, c. 31, s. 210
  • 2017, c. 20, s. 199
  • 2022, c. 10, s. 339

Marginal note:Tax Court of Canada prothonotaries

 The yearly salaries of the prothonotaries 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

 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.

  • R.S., 1985, c. J-1, s. 12
  • R.S., 1985, c. 41 (1st Supp.), s. 2, c. 50 (1st Supp.), s. 4, c. 39 (3rd Supp.), s. 1
  • 1990, c. 17, s. 29
  • 1998, c. 30, s. 2
  • 2001, c. 7, s. 4
  • 2006, c. 11, s. 1
  • 2012, c. 31, s. 210
  • 2017, c. 20, s. 200
  • 2018, c. 12, s. 298
  • 2021, c. 23, s. 255
  • 2022, c. 10, s. 341

Marginal note:Court of Appeal and Superior Court of Quebec

 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.

  • R.S., 1985, c. J-1, s. 13
  • R.S., 1985, c. 41 (1st Supp.), s. 3, c. 50 (1st Supp.), s. 4, c. 39 (3rd Supp.), s. 1
  • 1989, c. 8, s. 1
  • 2001, c. 7, s. 5
  • 2006, c. 11, s. 1
  • 2012, c. 31, s. 210
  • 2014, c. 20, s. 164
  • 2017, c. 20, s. 201
  • 2022, c. 10, s. 342

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

 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.

  • R.S., 1985, c. J-1, s. 14
  • R.S., 1985, c. 50 (1st Supp.), s. 4, c. 39 (3rd Supp.), s. 1
  • 1989, c. 8, s. 2
  • 1992, c. 51, s. 5
  • 2001, c. 7, s. 6
  • 2006, c. 11, s. 1
  • 2012, c. 31, s. 210
  • 2017, c. 20, s. 202
  • 2022, c. 10, s. 343

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

 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.

  • R.S., 1985, c. J-1, s. 15
  • R.S., 1985, c. 41 (1st Supp.), s. 4, c. 50 (1st Supp.), s. 4, c. 39 (3rd Supp.), s. 1
  • 2001, c. 7, s. 7
  • 2006, c. 11, s. 1
  • 2012, c. 31, s. 210
  • 2017, c. 20, s. 203
  • 2022, c. 10, s. 344

Marginal note:Court of Appeal and Court of Queen’s Bench for Manitoba

 The yearly salaries of the judges of the Court of Appeal for Manitoba and of Her Majesty’s Court of Queen’s Bench for Manitoba are as follows:

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

  • (b) the six Judges of Appeal, $338,800 each;

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

  • (d) the 31 puisne judges of the Court of Queen’s Bench, $338,800 each.

  • R.S., 1985, c. J-1, s. 16
  • R.S., 1985, c. 41 (1st Supp.), s. 5, c. 50 (1st Supp.), s. 4, c. 39 (3rd Supp.), s. 1
  • 1989, c. 8, s. 3
  • 2001, c. 7, s. 8
  • 2006, c. 11, s. 1
  • 2009, c. 19, s. 1
  • 2012, c. 31, s. 210
  • 2017, c. 20, s. 204
  • 2022, c. 10, s. 345
 
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