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Judges Act

Version of section 42 from 2019-04-12 to 2022-06-22:


Marginal note:Payment of annuities

  •  (1) A judge shall be paid an annuity equal to two thirds of the salary annexed to the office held by the judge at the time of his or her resignation, removal or attaining the age of retirement, as the case may be, if the judge

    • (a) has continued in judicial office for at least 15 years, has a combined age and number of years in judicial office that is not less than 80 and resigns from office;

    • (b) has attained the age of retirement and has held judicial office for at least 10 years; or

    • (c) has continued in judicial office on the Supreme Court of Canada for at least 10 years and resigns from office.

  • Marginal note:Grant of annuities

    (1.1) The Governor in Council shall grant to a judge an annuity equal to two thirds of the salary annexed to the office held by the judge at the time of his or her resignation, removal or attaining the age of retirement, as the case may be, if the judge

    • (a) has continued in judicial office for at least 15 years and resigns his or her office, if in the opinion of the Governor in Council the resignation is conducive to the better administration of justice or is in the national interest; or

    • (b) has become afflicted with a permanent infirmity disabling him or her from the due execution of the office of judge and resigns his or her office or by reason of that infirmity is removed from office.

  • Marginal note:Prorated annuity

    (2) If a judge who has attained the age of retirement has held judicial office for less than 10 years, an annuity shall be paid to that judge that bears the same ratio to the annuity described in subsection (1) as the number of years the judge has held judicial office, to the nearest one tenth of a year, bears to 10 years.

  • Marginal note:Duration of annuities

    (3) An annuity granted or paid to a judge under this section shall commence on the day of his or her resignation, removal or attaining the age of retirement and shall continue during the life of the judge.

  • Definition of judicial office

    (4) In this section, judicial office means the office of a judge of a superior or county court or the office of a prothonotary of the Federal Court.

  • R.S., 1985, c. J-1, s. 42
  • 1998, c. 30, s. 7
  • 2002, c. 8, ss. 95, 111(E)
  • 2006, c. 11, s. 11
  • 2014, c. 39, s. 322
  • 2017, c. 33, s. 238
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