GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Judges Act — J-1 22
Supreme Court of Yukon 22 (1) The yearly salaries of the judges of the Supreme Court of Yukon are as follows: (a) the Chief Justice, $371,400; and (b) the two other judges, $338,800 each. Supreme Court of the Northwest Territories (2) The yearly salaries of the judges of the Supreme Court of the Northwest Territories are as follows: (a) the Chief Justice, $371,400; and (b) the two other judges, $338,800 each. Nunavut Court of Justice (2.1) The yearly salaries of the judges of the Nunavut Court of Justice are as follows: (a) the Chief Justice, $371,400; and (b) the five other judges, $338,800 each. (3) [Repealed, 2017, c. 33, s. 232] R.S., 1985, c. J-1, s. 22; R.S., 1985, c. 50 (1st Supp.), s. 4, c. 39 (3rd Supp.), s. 1; 1989, c. 8, s. 7; 1999, c. 3, s. 72; 2001, c. 7, s. 14; 2002, c. 7, s. 189; 2006, c. 11, s. 2; 2011, c. 24, s. 170; 2012, c. 31, s. 210; 2017, c. 20, s. 210, c. 33, s. 232 2022, c. 10, s. 351
Judges Act — J-1 23
Rounding of amounts 23 A salary referred to in any of sections 9 to 22 that is not a multiple of one hundred dollars shall be rounded down to the next lowest multiple of one hundred dollars. R.S., 1985, c. J-1, s. 23; R.S., 1985, c. 5 (1st Supp.), s. 2, c. 11 (1st Supp.), s. 2, c. 41 (1st Supp.), s. 9, c. 50 (1st Supp.), s. 4; 1989, c. 8, s. 8; 1990, c. 16, s. 16, c. 17, s. 30; 1992, c. 51, s. 6; 2001, c. 7, s. 15
Judges Act — J-1 24
Additional judges 24 (1) Notwithstanding sections 12 to 22 but subject to subsections (3) and (4), where the number of judges of a superior court in a province has been increased by or pursuant to an Act of the legislature of the province beyond the number of judges of that court whose salaries are provided for by sections 12 to 22, a salary is payable pursuant to this section to each additional judge, appointed to that court in accordance with that Act and in the manner provided by law, from the time that judge’s appointment becomes effective and in the same manner and subject to the same terms and conditions as if the salary were payable under sections 12 to 22. Salaries fixed (2) The salary of a judge appointed in the circumstances described in subsection (1) is the salary annexed, pursuant to sections 12 to 22, to the office of judge to which the appointment is made. Limit (3) Subject to subsection (4), the number of salaries that may be paid pursuant to this section at any one time shall not be greater than (a) 16, in the case of judges appointed to appeal courts in the provinces; and (b) 69, in the case of judges appointed to superior courts in the provinces other than appeal courts. (c) [Repealed, 1992, c. 51, s. 7] Unified family courts (4) For the purposes of assisting the establishment of unified family courts in the provinces, a further number of salaries not greater than 66 at any one time may be paid in the case of judges appointed to courts described in paragraph (3)(b) (a) where the court has the jurisdiction of a unified family court; or (b) where a request has been made by a provincial attorney general for the appointment to the court of judges to exercise the jurisdiction of a unified family court. Salary deemed payable under sections 12 to 22 (5) A salary payable to a judge under this section is deemed, for all purposes of the provisions of this Act, other than this section, and of any other Act of Parliament, to be a salary payable under sections 12 to 22. Definition of appeal court (6) In this section, appeal court means, in relation to each of the Provinces of Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta and Newfoundland and Labrador, the Court of Appeal of the Province. R.S., 1985, c. J-1, s. 24; R.S., 1985, c. 41 (1st Supp.), s. 10, c. 27 (2nd Supp.), s. 3; 1989, c. 8, s. 9; 1992, c. 51, s. 7; 1996, c. 30, s. 1; 1998, c. 30, s. 3; 2006, c. 11, s. 3; 2008, c. 26, s. 1; 2015, c. 3, s. 126; 2017, c. 20, s. 211 2018, c. 12, s. 300 2024, c. 17, s. 320 2026, c. 3, s. 501
Judges Act — J-1 25
Annual adjustment of salary 25 (1) The yearly salaries referred to in sections 9 to 22 apply in respect of the twelve-month period beginning on April 1, 2020. Annual adjustment of salary (2) The salary annexed to an office of judge referred to in sections 9, 10, 10.2, 11 and 12 to 22 for the twelve-month period beginning on April 1, 2021, and for each subsequent twelve-month period, shall be the amount obtained by multiplying (a) the salary annexed to that office for the twelve month period immediately preceding the twelve month period in respect of which the salary is to be determined by (b) the percentage that the Industrial Aggregate for the first adjustment year is of the Industrial Aggregate for the second adjustment year, or one hundred and seven per cent, whichever is less. Meaning of certain expressions (3) For the purposes of this section, (a) in relation to any twelve month period in respect of which the salary is to be determined, the first adjustment year is the most recent twelve month period for which the Industrial Aggregate is available on the first day of the period in respect of which the salary is to be determined, and the second adjustment year is the twelve month period immediately preceding the first adjustment year; and (b) the Industrial Aggregate for an adjustment year is the average weekly wages and salaries of the Industrial Aggregate in Canada for that year as published by Statistics Canada under the authority of the Statistics Act . R.S., 1985, c. J-1, s. 25; R.S., 1985, c. 16 (3rd Supp.), s. 2; 1993, c. 13, s. 10; 1994, c. 18, s. 9; 1998, c. 30, s. 4; 2001, c. 7, s. 16; 2006, c. 11, s. 4; 2012, c. 31, s. 211; 2014, c. 39, s. 319; 2017, c. 20, s. 212 2022, c. 10, s. 352
Judges Act — J-1 26
Commission 26 (1) The Judicial Compensation and Benefits Commission is hereby established to inquire into the adequacy of the salaries and other amounts payable under this Act and into the adequacy of judges’ benefits generally. Factors to be considered (1.1) In conducting its inquiry, the Commission shall consider (a) the prevailing economic conditions in Canada, including the cost of living, and the overall economic and current financial position of the federal government; (b) the role of financial security of the judiciary in ensuring judicial independence; (c) the need to attract outstanding candidates to the judiciary; and (d) any other objective criteria that the Commission considers relevant. Quadrennial inquiry (2) The Commission shall commence an inquiry on June 1, 2020, and on June 1 of every fourth year after 2020, and shall submit a report containing its recommendations to the Minister within nine months after the date of commencement. Postponement (3) The Commission may, with the consent of the Minister and the judiciary, postpone the date of commencement of a quadrennial inquiry. Other reports (4) In addition to its quadrennial inquiry, the Minister may at any time refer to the Commission for its inquiry a matter mentioned in subsection (1). The Commission shall submit to that Minister a report containing its recommendations within a period fixed by the Minister after consultation with the Commission. Extension of time (5) The Governor in Council may, on the request of the Commission, extend the time for submission of a report under subsection (2) or (4). Report of Commission (6) The Minister shall table a copy of the report in each House of Parliament on any of the first ten days on which that House is sitting after the Minister receives the report. Referral to Committee (6.1) A report that is tabled in each House of Parliament under subsection (6) shall, on the day it is tabled or, if the House is not sitting on that day, on the day that House next sits, be referred by that House to a committee of that House that is designated or established by that House for the purpose of considering matters relating to justice. Report by Committee (6.2) A committee referred to in subsection (6.1) may conduct inquiries or public hearings in respect of a report referred to it under that subsection, and if it does so, the committee shall, not later than ninety sitting days after the report is referred to it, report its findings to the House that designated or established the committee. Definition of sitting day (6.3) For the purpose of subsection (6.2), sitting day means a day on which the House of Commons or the Senate, as the case may be, sits. Response to report (7) The Minister shall respond to a report of the Commission within four months after receiving it. Following that response, if applicable, he or she shall, within a reasonable period, cause to be prepared and introduced a bill to implement the response. R.S., 1985, c. J-1, s. 26; 1996, c. 2, s. 1; 1998, c. 30, s. 5; 2001, c. 7, s. 17(F); 2012, c. 31, s. 212; 2017, c. 20, s. 213 2023, c. 18, s. 13
Judges Act — J-1 26.1
Nomination 26.1 (1) The Judicial Compensation and Benefits Commission consists of three members appointed by the Governor in Council as follows: (a) one person nominated by the judiciary; (b) one person nominated by the Minister; and (c) one person, who shall act as chairperson, nominated by the members who are nominated under paragraphs (a) and (b). Tenure and removal (2) Each member holds office during good behaviour, and may be removed for cause at any time by the Governor in Council. Term of office (3) The term of office for the initial members appointed to the Commission ends on August 31, 2003. The members subsequently appointed hold office for a term of four years. Continuance of duties (4) Where the term of a member ends, other than in the case of removal for cause, the member may carry out and complete any duties of the members in respect of a matter that was referred to the Commission under subsection 26(4) while he or she was a member. Reappointment (5) A member is eligible to be reappointed for one further term if re-nominated in accordance with subsection (1). Absence or incapacity (6) In the event of the absence or incapacity of a member, the Governor in Council may appoint as a substitute temporary member a person nominated in accordance with subsection (1) to hold office during the absence or incapacity. Vacancy (7) If the office of a member becomes vacant during the term of the member, the Governor in Council shall appoint a person nominated in accordance with subsection (1) to hold office as a member for the remainder of the term. Quorum (8) A quorum of the Commission consists of all three members. Remuneration (9) The members of the Commission and persons carrying out duties under subsection (4) shall be paid (a) the fees fixed by the Governor in Council; and (b) such travel and living expenses incurred in the course of their duties while away from their ordinary place of residence as are fixed by the Governor in Council. Compensation (10) The members of the Commission and persons carrying out duties under subsection (4) are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act . 1998, c. 30, s. 5; 2003, c. 22, s. 224(E) 2023, c. 18, s. 13
Judges Act — J-1 26.11
Definition of judiciary 26.11 In sections 26 and 26.1, judiciary includes associate judges. 2017, c. 20, s. 214 2022, c. 10, s. 353 2022, c. 10, s. 371
Judges Act — J-1 26.2
Personnel 26.2 (1) The Commission may engage the services of any persons necessary for the proper conduct of the Commission. Presumption (2) No person engaged under subsection (1) shall, as a result, be considered to be employed in the federal public administration. 1998, c. 30, s. 5; 2003, c. 22, s. 224(E)
Judges Act — J-1 26.3
Costs payable 26.3 (1) The Commission may identify those representatives of the judiciary participating in an inquiry of the Commission to whom costs shall be paid in accordance with this section. Entitlement to payment of costs (2) A representative of the judiciary identified under subsection (1) who participates in an inquiry of the Commission is entitled to be paid, out of the Consolidated Revenue Fund, two thirds of the costs determined under subsection (3) in respect of his or her participation. Determination of costs (3) An assessment officer of the Federal Court, other than a judge or an associate judge, shall determine the amount of costs, on a solicitor-and-client basis, in accordance with the Federal Courts Rules . Application (4) This section applies to costs incurred in relation to participation in any inquiry of the Commission conducted after September 1, 1999. 2001, c. 7, s. 18; 2002, c. 8, s. 85; 2006, c. 11, s. 5; 2014, c. 39, s. 320 2022, c. 10, s. 371
Judges Act — J-1 26.4
Costs payable to representative of associate judges 26.4 (1) The Commission may identify one representative of the associate judges of the Federal Court and one representative of the associate judges of the Tax Court of Canada participating in an inquiry of the Commission to whom costs shall be paid in accordance with this section. Entitlement to payment of costs (2) The representatives identified under subsection (1) are entitled to be paid, out of the Consolidated Revenue Fund, 95% of the costs determined under subsection (3) in respect of their participation. Determination of costs (3) An assessment officer of the Federal Court, other than a judge or an associate judge, shall determine the amount of costs, on a solicitor-and-client basis, in accordance with the Federal Courts Rules . Application (4) This section applies to costs incurred as of April 1, 2015 in relation to participation in any inquiry of the Commission. 2014, c. 39, s. 321; 2017, c. 20, s. 215 2022, c. 10, s. 354 2022, c. 10, s. 371
Judges Act — J-1 27
thwest Territories, the Court of Appeal of Nunavut, the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice, $15,000 each; (f) the Chief Justice of the Court Martial Appeal Court of Canada, $15,000; and (g) the Senior Judge of the Family Court, and each regional senior judge, of the Superior Court of Justice in and for the Province of Ontario, $7,500. (7) [Repealed, 2006, c. 11, s. 6] Judge acting in place of recipient (8) Where any justice or judge mentioned in subsection (6), other than a puisne judge of the Supreme Court of Canada, is unable to discharge the obligations and responsibilities referred to in that subsection or the office of that justice or judge is vacant, the judge who acts in the place of that justice or judge is entitled to be paid the representational allowance provided for that justice or judge. Definition of chief justice (9) In this section, except in paragraphs (6)(a) and (c), chief justice includes a senior associate chief justice and an associate chief justice. R.S., 1985, c. J-1, s. 27; R.S., 1985, c. 50 (1st Supp.), s. 5, c. 27 (2nd Supp.), s. 4, c. 51 (4th Supp.), s. 14; 1989, c. 8, s. 10; 1990, c. 17, s. 31; 1992, c. 51, s. 8; 1993, c. 28, s. 78; 1996, c. 30, s. 2; 1998, c. 15, s. 29; 1999, c. 3, s. 73; 2000, c. 12, s. 168; 2001, c. 7, s. 19; 2002, c. 7, ss. 190, 277(E), c. 8, s. 86; 2006, c. 11, s. 6; 2012, c. 31, s. 213; 2017, c. 20, s. 216, c. 33, s. 233 2022, c. 10, s. 356 2022, c. 10, s. 371
Judges Act — J-1 28
Federal Courts and Tax Court 28 (1) If a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada notifies the Minister of his or her election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall hold the office of supernumerary judge of that Court from the time notice is given until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office, or until the expiry of 10 years from the date of the election, whichever occurs earlier, and shall be paid the salary annexed to that office. Restriction on election (2) An election may be made under subsection (1) only by a judge (a) who has continued in judicial office for at least 15 years and whose combined age and number of years in judicial office is not less than 80; or (b) who has attained the age of 70 years and has continued in judicial office for at least 10 years. Duties of judge (3) A judge who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the judge (a) by the Chief Justice of the Federal Court of Appeal, if the judge is a judge of that Court; (b) by the Chief Justice or the Associate Chief Justice of the Federal Court, if the judge is a judge of that Court; or (c) by the Chief Justice or the Associate Chief Justice of the Tax Court of Canada, if the judge is a judge of that Court. Salary of supernumerary judge (4) The salary of each supernumerary judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada is the salary annexed to the office of a judge of that Court, other than the office of a Chief Justice or Associate Chief Justice. R.S., 1985, c. J-1, s. 28; R.S., 1985, c. 16 (3rd Supp.), s. 3; 2002, c. 8, s. 87; 2006, c. 11, s. 7; 2018, c. 12, s. 301 2023, c. 18, s. 13
Judges Act — J-1 29
Provincial superior courts 29 (1) If the legislature of a province has enacted legislation establishing for each office of judge of a superior court of the province the additional office of supernumerary judge of the court, and a judge of that court notifies the Minister and the attorney general of the province of the judge’s election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall hold the office of supernumerary judge from the time notice is given until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office, or until the expiry of 10 years from the date of the election, whichever occurs earlier, and shall be paid the salary annexed to that office. Conditions (2) An election under subsection (1) may only be made by a judge (a) who has continued in judicial office for at least 15 years and whose combined age and number of years in judicial office is not less than 80; or (b) who has attained the age of 70 years and has continued in judicial office for at least 10 years. Duties of judge (3) A judge who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the judge (a) by the chief justice, senior associate chief justice or associate chief justice, as the case may be, of the court of which the judge is a member or, where that court is constituted with divisions, of the division of which the judge is a member; or (b) in the case of a supernumerary judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, by the Chief Justice of that Court. Salary of supernumerary judge (4) The salary of each supernumerary judge of a superior court is the salary annexed to the office of a judge of that court other than a chief justice, senior associate chief justice or associate chief justice. Reference to attorney general of a province (5) 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. (6) [Repealed, 2017, c. 33, s. 234] R.S., 1985, c. J-1, s. 29; 1993, c. 28, s. 78; 1999, c. 3, s. 74; 2002, c. 7, s. 191, c. 8, s. 88(E); 2006, c. 11, s. 8; 2012, c. 31, s. 214; 2017, c. 33, s. 234 2023, c. 18, s. 13
Judges Act — J-1 30
Supernumerary associate judges 30 (1) If an associate judge notifies the Minister of his or her election to give up regular judicial duties and hold office only as a supernumerary associate judge, the associate judge shall hold the office of supernumerary associate judge from the time notice is given until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office, or until the end of five years from the date of the election, whichever occurs earlier, and shall be paid the salary annexed to that office. Restriction on election (2) An election may be made under subsection (1) only by an associate judge (a) who has continued in judicial office for at least 15 years and whose combined age and number of years in judicial office is not less than 80; or (b) who has attained the age of 70 years and has continued in judicial office for at least 10 years. Duties of associate judge (3) An associate judge who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the associate judge by the chief justice or the associate chief justice of the court to which he or she is appointed. Salary of supernumerary associate judge (4) The salary of each supernumerary associate judge is the salary annexed to the office of an associate judge. Deemed election and notice (5) For the purposes of subsection (1), if an associate judge gives notice to the Minister of the associate judge’s election to be effective on a future day specified in the notice, being a day on which the associate judge will be eligible to make the election, the associate judge is, effective on that day, deemed to have elected and given notice of the election on that day. R.S., 1985, c. J-1, s. 30; R.S., 1985, c. 16 (3rd Supp.), s. 4; 1990, c. 17, s. 32; 1992, c. 51, s. 9 2022, c. 10, s. 358 2022, c. 10, s. 371 2022, c. 10, s. 375
Judges Act — J-1 31
Election of Chief or Associate Chief to change to duties of judge only 31 (1) If the Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada has notified the Minister of his or her election to cease to perform the duties of that office and to perform only the duties of a judge, he or she shall then hold only the office of a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be, and shall be paid the salary annexed to the office of a judge 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) The Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada may make the election referred to in subsection (1) only if he or she has continued in the office for at least five years or has continued in the office and another office referred to in this subsection for a total of at least five years. Duties of judge (3) The Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada who has made the election referred to in subsection (1) shall perform all of the judicial duties normally performed by a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be. Salary of judge (4) The salary of the Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada 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 Federal Court of Appeal, a judge (other than the Chief Justice or the Associate Chief Justice) of the Federal Court or a judge (other than the Chief Justice or the Associate Chief Justice) of the Tax Court of Canada, as the case may be. R.S., 1985, c. J-1, s. 31; 2002, c. 8, s. 90; 2017, c. 20, s. 217(F); 2018, c. 12, s. 302 2023, c. 18, s. 13
Judges Act — J-1 31.1
Election of Chief Justice of the Court Martial Appeal Court of Canada 31.1 If the Chief Justice of the Court Martial Appeal Court of Canada notifies the Minister of their election to cease to perform the duties of that office and to perform only the duties of a judge of the court on which they serve, they shall, after giving that notice, hold only the office of a judge and shall be paid the salary annexed to the office of a judge, until they reach the age of retirement, resign or are removed from or otherwise cease to hold office. 2017, c. 20, s. 218 2023, c. 18, s. 13