GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Judges Act — J-1 32
Election to cease to perform duties of chief justice of provincial superior court 32 (1) Where the legislature of a province has enacted legislation establishing for each office of chief justice of a superior court of the province such additional offices of judge of that court as are required for the purposes of this section, and a chief justice of that court has notified the Minister and the attorney general of the province of his or her election to cease to perform the duties of chief justice and to perform only the duties of a judge, the chief justice shall thereupon hold only the office of a judge, other than a chief justice, of that court and shall be paid the salary annexed to the office of a judge, other than a chief justice, of that court until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office. Restriction on election (2) A chief justice of a superior court of a province may make the election referred to in subsection (1) only if the chief justice has continued in the office of chief justice, senior associate chief justice or associate chief justice of a superior court of the province or a division thereof, or in two or more such offices, for at least five years. Duties of judge (3) A chief justice of a superior court of a province who has made the election referred to in subsection (1) shall perform all of the judicial duties normally performed by a judge, other than the chief justice, of that court. Salary of judge (4) The salary of each chief justice of a superior court of a province who has made the election referred to in subsection (1) is the salary annexed to the office of a judge of that court, other than a chief justice. Definition of chief justice and chief justice of a superior court of a province (5) In this section, chief justice or chief justice of a superior court of a province means a chief justice, senior associate chief justice or associate chief justice of such a court or, where the court is constituted with divisions, of a division thereof. (6) [Repealed, 1992, c. 51, s. 10] R.S., 1985, c. J-1, s. 32; 1992, c. 51, s. 10; 2002, c. 8, s. 91(E) 2023, c. 18, s. 13
Judges Act — J-1 32.1
Chief Justice 32.1 (1) If the Chief Justice of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice has notified the Minister and the attorney general of the territory of his or her election to cease to perform the duties of chief justice and to perform only the duties of a judge, he or she shall then hold only the office of a judge, other than the chief justice, of that court and shall be paid the salary annexed to the office of a judge, other than the chief justice, of that court until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office. Restriction on election (2) A chief justice may make the election referred to in subsection (1) only if he or she has continued in that office for at least five years. Duties (3) A chief justice who has made the election referred to in subsection (1) shall perform all of the judicial duties normally performed by a judge, other than the chief justice, of the applicable court. Salary (4) The salary of a chief justice who has made the election referred to in subsection (1) is the salary annexed to the office of a judge, other than the chief justice, of the applicable court. 2012, c. 31, s. 216; 2017, c. 33, s. 236 2023, c. 18, s. 13
Judges Act — J-1 33
Deemed election and notice 33 (1) If a judge gives notice to the Minister and, if appropriate, to the attorney general of the province concerned of the judge’s election as provided in section 28, 29, 31, 31.1, 32 or 32.1 to be effective on a future day specified in the notice, being a day on which the judge will be eligible to so elect, the judge is, effective on that day, deemed to have elected and given notice of the election on that day under section 28, 29, 31, 31.1, 32 or 32.1, as the case may be. Reference to attorney general of a province (2) In this section, a reference to the attorney general of a province shall be construed in relation to Yukon, the Northwest Territories and Nunavut as a reference to the Commissioner of that territory. R.S., 1985, c. J-1, s. 33; 1992, c. 51, s. 11; 1993, c. 28, s. 78; 2002, c. 7, s. 192; 2017, c. 20, s. 219 2023, c. 18, s. 13
Judges Act — J-1 34
Superior courts 34 (1) Subject to this section and sections 36 to 39, a judge of a superior court who, for the purposes of performing any function or duty in that capacity, attends at any place other than that at which or in the immediate vicinity of which the judge is by law obliged to reside is entitled to be paid, as a travel allowance, moving or transportation expenses and the reasonable travel and other expenses incurred by the judge in so attending. Where no allowance (2) No judge is entitled to be paid a travel allowance for attending at or in the immediate vicinity of the place where the judge resides. R.S., 1985, c. J-1, s. 34; 1992, c. 51, s. 12; 2002, c. 8, s. 92
Judges Act — J-1 36
Certain superior courts, where no allowance 36 (1) No travel allowance shall be paid (a) to a judge of the Nova Scotia Court of Appeal or of the Supreme Court of Nova Scotia for attending at the judicial centre at which or in the immediate vicinity of which the judge maintains his or her principal office; (b) to a judge of the Court of Appeal of Prince Edward Island or the Supreme Court of Prince Edward Island for attending at the city of Charlottetown; or (c) to a judge of the Court of Appeal for British Columbia for attending at either of the cities of Victoria or Vancouver, unless the judge resides at the other of those cities or in the immediate vicinity thereof. Where place of residence approved by order in council (2) Nothing in subsection (1) affects the right of a judge to be paid a travel allowance under subsection 34(1) if the judge resides at a place approved by the Governor in Council. R.S., 1985, c. J-1, s. 36; 1992, c. 51, s. 14; 2015, c. 3, s. 127
Judges Act — J-1 37
Judges of Supreme Court of Nova Scotia 37 A judge of the Supreme Court of Nova Scotia who, for the purposes of performing any function or duty in that capacity, attends at any judicial centre within the judicial district for which the judge is designated as a resident judge, other than the judicial centre at which or in the immediate vicinity of which the judge resides or maintains his or her principal office, is entitled to be paid, as a travel allowance, moving or transportation expenses and the reasonable travel and other expenses incurred by the judge in so attending. R.S., 1985, c. J-1, s. 37; 1992, c. 51, s. 15
Judges Act — J-1 38
Judges of the Superior Court of Justice of Ontario 38 A judge of the Superior Court of Justice in and for the Province of Ontario who, for the purpose of performing any function or duty in that capacity, attends at any judicial centre within the region for which the judge was appointed or assigned, other than the judicial centre at which or in the immediate vicinity of which the judge resides, is entitled to be paid, as a travel allowance, moving or transportation expenses and the reasonable travel and other expenses incurred by the judge in so attending. R.S., 1985, c. J-1, s. 38; R.S., 1985, c. 11 (1st Supp.), s. 2; 1990, c. 17, s. 33; 1998, c. 30, s. 6
Judges Act — J-1 39
Certificate of judge 39 Every application for payment of a travel allowance shall be accompanied by a certificate of the judge applying for it showing the number of days for which a travel allowance is claimed and the amount of the actual expenses incurred. R.S., c. J-1, s. 21
Judges Act — J-1 40
uch terms and conditions as are so prescribed. Expenses of spouse or common-law partner (2.1) Where a removal allowance is payable to a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada under paragraph (1)(a), an employment assistance allowance shall be paid to the judge’s spouse or common-law partner up to a maximum of $5,000 for expenses actually incurred by the spouse or common-law partner in pursuing employment in the judge’s new place of residence. R.S., 1985, c. J-1, s. 40; R.S., 1985, c. 50 (1st Supp.), s. 6; 1989, c. 8, s. 11; 1992, c. 51, s. 16; 1999, c. 3, s. 75; 2000, c. 12, s. 160; 2002, c. 7, s. 193, c. 8, s. 93; 2006, c. 11, s. 9; 2017, c. 20, s. 220
Judges Act — J-1 41
Meeting, conference and seminar expenses 41 (1) A judge of a superior court 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 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. Expenses for other meetings, conferences or seminars (2) Subject to subsection (3), a judge of a superior court who, with the approval of the chief justice 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 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 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. 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 exceeds the greater of $5,000 and the product obtained by multiplying the number of judges of that court by $500, 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. Definitions (4) For the purposes of this section, chief justice of any court of which a particular judge is a member means the chief justice 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 if that court is constituted with divisions, then it means the person having that 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 , 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; 2002, c. 8, s. 94 2023, c. 18, s. 13
Judges Act — J-1
chief justice of any court of which a particular judge is a member means the chief justice 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 if that court is constituted with divisions, then it means the person having that rank or status in relation to all other members of the division of which the particular judge is a member; ( juge en chef )
Judges Act — J-1
superior court , in the case of a superior court constituted with divisions, means a division thereof. ( juridiction supérieure )
Judges Act — J-1 41.1
Retired judge may continue to hold office 41.1 (1) A judge of the Supreme Court of Canada who has retired may, with the approval of the Chief Justice of Canada, continue to participate in judgments in which he or she participated before retiring, for a period not greater than six months after the date of the retirement. Salary, etc. (2) A retired judge participating in judgments shall receive (a) the salary annexed to the office during that period less any amount otherwise payable to him or her under this Act in respect of the period, other than those amounts described in paragraphs (b) and (c); (b) an amount that bears the same ratio to the allowance for incidental expenditures actually incurred referred to in subsection 27(1) that the number of months in the period bears to twelve; and (c) the representational allowance referred to in subsection 27(6) for the period, as though the appropriate maximum referred to in that subsection were an amount that bears the same ratio to that allowance that the number of months in the period bears to twelve. No extra remuneration (3) Section 57 applies with respect to a judge to whom this section applies. 2001, c. 7, s. 20; 2006, c. 11, s. 10
Judges Act — J-1 41.2
Life insurance 41.2 (1) The Treasury Board shall establish, or enter into a contract to acquire, an insurance program for judges covering the following, on terms and conditions similar to those contained in the Public Service Management Insurance Plan and the public service management insurance directives that apply to executives: (a) basic life insurance; (b) supplementary life insurance; (c) post-retirement life insurance; (d) dependants’ insurance; and (e) accidental death and dismemberment insurance. Administration (2) The Treasury Board may (a) set terms and conditions in respect of the program, including those respecting premiums or contributions payable, benefits, and management and control of the program; (b) make contributions and pay premiums or benefits, as required, out of the Consolidated Revenue Fund; and (c) undertake and do all things it considers appropriate for the purpose of administering or supervising the program. Non-application of certain regulations (3) A contract entered into under this section is not subject to any regulation with respect to contracts made by the Treasury Board under the Financial Administration Act . Compulsory participation (4) Participation in basic life insurance under paragraph (1)(a) is compulsory for all judges. Transitional (5) A judge who holds office on the day on which this section comes into force may, despite subsection (4), elect, at any time within ninety days after that day, (a) to participate in basic life insurance under paragraph (1)(a) but have his or her coverage under it limited to 100 per cent of salary at the time of his or her death; or (b) not to participate in basic life insurance. Transitional (6) Subject to subsection (7), on the coming into force of this section, judges shall no longer be eligible for coverage under any other life insurance program established by the Treasury Board. Supplementary life insurance (7) Those judges covered by supplementary life insurance on the coming into force of this section may have their coverage continued under the insurance program for judges, unless they have made an election under paragraph (5)(b). 2001, c. 7, s. 20
Judges Act — J-1 41.3
Health and dental care benefits 41.3 (1) Judges shall be eligible to participate in the Public Service Health Care Plan and the Public Service Dental Care Plan established by the Treasury Board, on the same terms and conditions as apply to employees in the executive group. Health and dental care benefits for retired judges (2) Judges who are in receipt of an annuity under this Act shall be eligible to participate in the Public Service Health Care Plan and the Pensioners’ Dental Services Plan established by the Treasury Board, on the same terms and conditions as apply to pensioners. Administration (3) Subject to subsections (1) and (2), the Treasury Board may (a) set any terms and conditions in respect of those plans, including those respecting premiums or contributions payable, benefits, and management and control of the plans; (b) make contributions and pay premiums or benefits, as required, out of the Consolidated Revenue Fund; and (c) undertake and do all things it considers appropriate for the purpose of administering or supervising the plans. 2001, c. 7, s. 20
Judges Act — J-1 41.4
Accidental death in the exercise of duties 41.4 (1) Compensation, within the meaning of the Government Employees Compensation Act , shall be paid to the dependants of a judge whose death results from an accident arising out of or in the performance of judicial duties, on the same basis as that paid to dependants eligible for compensation under that Act. Flying accidents causing death (2) Regulations made under section 9 of the Aeronautics Act apply with respect to a judge whose death results from an accident arising out of or in the performance of judicial duties. Death resulting from act of violence (3) Compensation shall be paid to the survivors of a judge whose death results from an act of violence unlawfully committed by another person or persons that occurs while the judge is performing judicial duties, on the same basis as that paid to the survivors of employees slain on duty within the meaning of the Public Service Income Benefit Plan for Survivors of Employees Slain on Duty, with any modifications that the circumstances require. Application (4) Subsections (1) to (3) apply to deaths that occur on or after April 1, 2000. 2001, c. 7, s. 20
Judges Act — J-1 41.5
Delegation 41.5 (1) The Treasury Board may authorize the President or Secretary of the Treasury Board to exercise and perform, in such manner and subject to such terms and conditions as the Treasury Board directs, any of the powers and functions of the Treasury Board under sections 41.2 and 41.3 and may, from time to time as it sees fit, revise or rescind and reinstate the authority so granted. Subdelegation (2) The President or Secretary of the Treasury Board may, subject to and in accordance with the authorization, authorize one or more persons under his or her jurisdiction or any other person to exercise or perform any of those powers or functions. 2001, c. 7, s. 20
Judges Act — J-1 42
Payment of annuities 42 (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. 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. 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. 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 an associate judge. 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 2022, c. 10, s. 359 2022, c. 10, s. 371
Judges Act — J-1 43.1
55 years of age and 10 years in office 43.1 (1) A judge who has attained the age of 55 years, has continued in judicial office for at least 10 years and elects early retirement shall be paid an immediate annuity or a deferred annuity, at the option of the judge, calculated in accordance with this section. Calculation of amount of deferred annuity (2) The amount of the deferred annuity shall be two thirds of the amount of the salary annexed to the judge’s office at the time of the election multiplied by a fraction of which (a) the numerator is the number of years, to the nearest one tenth of a year, during which the judge has continued in judicial office, and (b) the denominator is the number of years, to the nearest one tenth of a year, during which the judge would have been required to continue in judicial office in order to be eligible to be paid an annuity under paragraph 42(1)(a) or (b). Immediate annuity (3) If a judge exercises the option to receive an immediate annuity, the amount of that annuity is equal to the amount of the deferred annuity, reduced by the product obtained by multiplying (a) five per cent of the amount of the deferred annuity by (b) the difference between sixty and his or her age in years, to the nearest one-tenth of a year, at the time he or she exercises the option. Second exercise of option (4) A judge whose option was to receive a deferred annuity may, between the date of that option and the date on which the deferred annuity would be payable, opt for an immediate annuity. An immediate annuity shall be paid to the judge from the date of the second option. Survivor’s annuity (5) On the death of a judge who has been paid an immediate annuity or a deferred annuity under subsection (1) or (4), the annuity paid to a survivor under subsection 44(2) shall be determined as if the judge were in receipt of a deferred annuity. Definitions (6) The definitions in this subsection apply in this section. deferred annuity means an annuity that becomes payable to a judge at the time that he or she reaches sixty years of age and that continues to be paid during the life of the judge. ( pension différée ) immediate annuity means an annuity that becomes payable to a judge at the time that he or she exercises an option to receive the annuity and that continues to be paid during the life of the judge. ( pension immédiate ) judicial office includes the office of an associate judge. ( magistrature ) 2001, c. 7, s. 21; 2006, c. 11, s. 12; 2014, c. 39, s. 323 2017, c. 33, s. 240 2022, c. 10, s. 360 2022, c. 10, s. 371
Judges Act — J-1
deferred annuity means an annuity that becomes payable to a judge at the time that he or she reaches sixty years of age and that continues to be paid during the life of the judge. ( pension différée )
Judges Act — J-1
immediate annuity means an annuity that becomes payable to a judge at the time that he or she exercises an option to receive the annuity and that continues to be paid during the life of the judge. ( pension immédiate )
Judges Act — J-1
judicial office includes the office of an associate judge. ( magistrature )