GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Judges Act — J-1 52.14
 annuity benefits under subsection (3) or (3.1) may elect in the manner prescribed by the regulations, in lieu of receiving that share, to receive — at the time the judge becomes eligible to be granted or paid an annuity, or at the time the judge would have become eligible to be paid an annuity had the judge not resigned or been removed from office by reason of an infirmity — a share of the annuity benefits for which the judge is or would have been eligible, determined as provided in subsection (1). Death or resignation of judge (5) If an election has been made under subsection (4) and, before becoming eligible to be paid an annuity, the judge dies, resigns, is removed from office or otherwise ceases to hold office, the spouse, former spouse or former common-law partner shall instead be paid immediately the portion of the judge’s contributions to which the spouse was otherwise entitled under subsection (3) or (3.1). Determination of periods of division and cohabitation (6) For the purposes of this section and sections 52.15 and 52.16, (a) a period subject to division is the portion of a period of cohabitation during which a judge held office under this Act, measured in years to the nearest one tenth of a year; and (b) a period of cohabitation is the period during which interested parties cohabited, as specified by the court order or agreement on which an application for division is based or, if none is specified, as determined in accordance with the regulations on the basis of evidence submitted by either or both of the interested parties. Death of spouse, former spouse or former common-law partner (7) A share of annuity benefits that cannot be accorded under subsection (1) by reason only of the death of the spouse, former spouse or former common-law partner shall be paid to that person’s estate or succession. Adjustment of accrued benefits (8) Where the Minister approves the division of a judge’s annuity benefits, the annuity benefits payable to the judge under this Act shall be adjusted in accordance with the regulations. Notice of division (9) The Minister shall send a notice of the division of annuity benefits in the prescribed manner to each interested party. 2006, c. 11, s. 15; 2015, c. 3, s. 128(F); 2017, c. 20, s. 225 2017, c. 33, s. 251(E)
Judges Act — J-1 52.15
Transfer and payment of share 52.15 (1) The spouse’s, former spouse’s or former common-law partner’s share of a judge’s annuity benefits shall be accorded by (a) the transfer of the specified portion of that share to a retirement savings plan established for the spouse, former spouse or former common-law partner that is of the prescribed kind for the purposes of section 26 of the Pension Benefits Standards Act, 1985 ; and (b) the payment of the remainder of that share, if any, to the spouse, former spouse or former common-law partner. Calculation of specified portion (2) For the purpose of paragraph (1)(a), the specified portion of a spouse’s, former spouse’s or former common-law partner’s share of a judge’s annuity benefits is (a) if that share consists of a portion of the judge’s contributions, that portion; or (b) in any other case, the amount determined by the formula (A × B × C) / D where A is the share of the annuity benefits, B is the period subject to division, C is the defined benefit limit, within the meaning of regulations made under the Income Tax Act , for the calendar year in which the share is accorded, and D is the portion of the annuity that is attributed, in accordance with the regulations, to the period subject to division. Tax treatment (3) For the purposes of the Income Tax Act , an amount transferred to a retirement savings plan in accordance with paragraph (1)(a) is deemed to be an amount transferred from a registered pension plan in accordance with subsection 147.3(5) of that Act. 2006, c. 11, s. 15
Judges Act — J-1 52.16
Further divisions precluded 52.16 Where a division of annuity benefits is made in respect of a period subject to division under section 52.14 , no further divisions may be made under that section in respect of that period. 2006, c. 11, s. 15
Judges Act — J-1 52.17
Amounts transferred in error 52.17 Where the amount transferred or paid in respect of a spouse, former spouse or former common-law partner, or paid to the estate or succession of a deceased spouse, former spouse or former common-law partner, under section 52.14 or 52.15 exceeds the amount that the spouse, former spouse or former common-law partner was entitled to have transferred or paid or the estate or succession was entitled to be paid, the amount in excess constitutes a debt due to Her Majesty in right of Canada by that spouse, former spouse or former common-law partner or that estate or succession. 2006, c. 11, s. 15
Judges Act — J-1 52.18
Amounts paid before adjustment 52.18 Where an adjustment is made under subsection 52.14 (8) and an amount is or has been paid to a judge that exceeds the amount to which the judge is or would have been entitled under this Act after the effective date of that adjustment, the amount in excess constitutes a debt due to Her Majesty in right of Canada by the judge and may be recovered at any time by set-off against any annuity benefit that is payable to the judge under this Act, without prejudice to any other recourse available to Her Majesty in right of Canada with respect to its recovery. 2006, c. 11, s. 15
Judges Act — J-1 52.19
Void transactions 52.19 (1) Amounts that a spouse, former spouse or former common-law partner is or may become entitled to under section 52.14 are not capable of being assigned, charged, anticipated or given as security, and any transaction that purports to assign, charge, anticipate or give as security any such amount is void. Exemption from attachment, etc. (2) Amounts that a spouse, former spouse or former common-law partner is or may become entitled to under section 52.14 are exempt from attachment, seizure and execution, either at law or in equity. 2006, c. 11, s. 15
Judges Act — J-1 52.2
Access of spouse, etc. to division of benefits 52.2 Notwithstanding any other provision of this Act, a court of competent jurisdiction may order, for any period that the court determines, that no action be taken by the Minister under this Act that may prejudice the ability of the spouse, common-law partner, former spouse or former common-law partner to make an application or obtain the division of the judge’s annuity benefits under this Act. 2006, c. 11, s. 15
Judges Act — J-1 52.21
Information for spouse, etc. re benefits 52.21 Subject to the regulations, the Minister shall, at the request of a spouse, common-law partner, former spouse or former common-law partner of a judge, provide that person with information prescribed by the regulations concerning the benefits that are or may become payable to or in respect of that judge under this Act. 2006, c. 11, s. 15
Judges Act — J-1 52.22
n prescribed circumstances in response to administrative error or the provision of erroneous information; (u) prescribing any matter or thing that may be prescribed under sections 52.1 to 52.21; and (v) generally for carrying out the purposes and provisions of sections 52.1 to 52.21 and this section. 2006, c. 11, s. 15; 2017, c. 20, s. 226(F)
Judges Act — J-1 53
Amounts payable out of C.R.F. 53 (1) The salaries, allowances and annuities payable under Parts I to III and the amounts payable under sections 46.1, 51 and 52.15 shall be paid out of the Consolidated Revenue Fund. Prorating (2) For any period less than a year, the salaries and annuities payable shall be paid pro rata. Monthly instalments (3) The salaries and annuities payable shall be paid by monthly instalments. First payment (4) The first payment of salary of any judge shall be made pro rata on the first day of the month that occurs next after the appointment of the judge. Legal representatives (5) If a judge resigns the office of judge or dies, the judge or his or her legal representatives are entitled to receive such proportionate part of the judge’s salary as has accrued during the time that the judge executed the office since the last payment. R.S., 1985, c. J-1, s. 53; 1989, c. 8, s. 13; 2002, c. 8, s. 111(E); 2006, c. 11, s. 16 2023, c. 18, s. 4
Judges Act — J-1 54
Leave of absence 54 (1) No judge of a superior court shall be granted leave of absence from his or her judicial duties for a period (a) of six months or less, except with the approval of the chief justice of the superior court; or (b) of more than six months, except with the approval of the Governor in Council. Notification of leave by chief justice (1.1) Whenever a leave of absence is granted under paragraph (1)(a), the chief justice of the superior court shall, without delay, notify the Minister and, in the case of provincial or territorial courts, the minister of justice or the attorney general of the province or territory. Notification of leave by Minister (1.2) Whenever a leave of absence is granted under paragraph (1)(b), the Minister shall, without delay, notify the chief justice of the superior court and, in the case of provincial or territorial courts, the minister of justice or the attorney general of the province or territory. Report by chief justice of absence (2) If it appears to the chief justice of a superior court that a judge of the court is absent from the judge’s judicial duties without the approval required by subsection (1), the chief justice shall report the absence to the Minister. Absentee judge to report (3) Whenever a judge of a superior court is absent from the judge’s judicial duties for a period of more than 30 days, the judge shall report the absence and the reasons for it to the Minister. (4) [Repealed, 2017, c. 33, s. 252] R.S., 1985, c. J-1, s. 54; 1992, c. 51, s. 24; 1996, c. 30, s. 4; 1999, c. 3, s. 76; 2002, c. 7, s. 194, c. 8, s. 101; 2012, c. 31, s. 218; 2017, c. 33, s. 252 2023, c. 18, s. 13
Judges Act — J-1 55
Judicial duties exclusively 55 No judge shall, either directly or indirectly, for himself or herself or others, engage in any occupation or business other than his or her judicial duties, but every judge shall devote himself or herself exclusively to those judicial duties. R.S., 1985, c. J-1, s. 55; 2002, c. 8, s. 102(E)
Judges Act — J-1 56
Acting as commissioner, etc. 56 (1) No judge shall act as commissioner, arbitrator, adjudicator, referee, conciliator or mediator on any commission or on any inquiry or other proceeding unless (a) in the case of any matter within the legislative authority of Parliament, the judge is by an Act of Parliament expressly authorized so to act or the judge is thereunto appointed or so authorized by the Governor in Council; or (b) in the case of any matter within the legislative authority of the legislature of a province, the judge is by an Act of the legislature of the province expressly authorized so to act or the judge is thereunto appointed or so authorized by the lieutenant governor in council of the province. Acting as statutory assessor or arbitrator (2) Subsection (1) does not apply to judges acting as arbitrators or assessors of compensation or damages under any public Act, whether of general or local application, of Canada or of a province, whereby a judge is required or authorized without authority from the Governor in Council or lieutenant governor in council to assess or ascertain compensation or damages. R.S., 1985, c. J-1, s. 56; 1996, c. 10, s. 233
Judges Act — J-1 56.1
Authorization 56.1 (1) Notwithstanding section 55, Madam Justice Louise Arbour of the Ontario Court of Appeal is authorized to take a leave from her judicial duties to serve as Prosecutor of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia and of the International Tribunal for Rwanda. Expenses (2) Madam Justice Louise Arbour may receive moving or transportation expenses and reasonable travel and other expenses, in connection with her service as Prosecutor, from the United Nations. Leave without pay (3) Madam Justice Louise Arbour may elect to take a leave of absence without pay for the purpose described in subsection (1), in which case she is not entitled to receive any salary or allowances under this Act for the duration of the leave, but may receive remuneration from the United Nations for her service as Prosecutor. Ceasing contributions (4) If Madam Justice Louise Arbour elects to take a leave of absence without pay under subsection (3), she shall not continue the contributions required by section 50 for the duration of the leave and that section does not apply to her for the duration of the leave, which duration shall not be counted as time during which she held judicial office for the purposes of sections 28, 29 and 42. Deemed salary in event of death (5) For the purposes of subsections 44(1) and (2), section 46.1 and subsection 47(3), if Madam Justice Louise Arbour dies while on a leave of absence without pay, she is deemed to be in receipt at the time of death of the salary that she would have been receiving if she had not been absent on leave without pay. 1996, c. 30, s. 5
Judges Act — J-1 57
No extra remuneration 57 (1) Except as provided in subsection (3), no judge shall accept any salary, fee, remuneration or other emolument or any expenses or allowances for acting in any capacity described in subsection 56(1) or as administrator or deputy of the Governor General or for performing any duty or service, whether judicial or executive, that the judge may be required to perform for or on behalf of the Government of Canada or the government of a province. Exception (2) The right of a judge to receive remuneration under any Act of the legislature of a province, other than for acting in any capacity described in subsection 56(1), is not affected by subsection (1), but no judge is entitled to receive remuneration under any such Act or Acts in an aggregate amount exceeding $3,000 per annum. Expenses excepted (3) In the cases described in subsection (1), a judge may receive his or her moving or transportation expenses and the reasonable travel and other expenses incurred by him or her away from his or her ordinary place of residence while acting in any such capacity or in the performance of any such duty or service, in the same amount and under the same conditions as if the judge were performing a function or duty as such judge, if those expenses are paid in respect of any matter within the legislative authority of Parliament, by the Government of Canada, and in respect of any matter within the legislative authority of the legislature of a province, by the government of the province. R.S., 1985, c. J-1, s. 57; 2002, c. 8, s. 103(E)
Judges Act — J-1 59
Council established 59 (1) There is hereby established a Council, to be known as the Canadian Judicial Council, consisting of (a) the Chief Justice of Canada, who shall be the chairperson of the Council; (b) the chief justice and any senior associate chief justice and associate chief justice of each superior court or branch or division thereof; and (c) [Repealed, 2017, c. 33, s. 253] (d) the Chief Justice of the Court Martial Appeal Court of Canada. (e) [Repealed, 2002, c. 8, s. 104] (2) and (3) [Repealed, 1999, c. 3, s. 77] Substitute member (4) Each member of the Council may appoint a judge of that member’s court to be a substitute member of the Council and the substitute member shall act as a member of the Council during any period in which he or she is appointed to act, but the Chief Justice of Canada may, in lieu of appointing a member of the Supreme Court of Canada, appoint any former member of that Court to be a substitute member of the Council. R.S., 1985, c. J-1, s. 59; 1992, c. 51, s. 25; 1996, c. 30, s. 6; 1999, c. 3, s. 77; 2002, c. 7, s. 195, c. 8, s. 104; 2017, c. 33, s. 253 2023, c. 18, s. 6(E)
Judges Act — J-1 60
Objects of Council 60 (1) The objects of the Council are to promote efficiency and uniformity, and to improve the quality of judicial service, in superior courts. Powers of Council (2) In furtherance of its objects, the Council may (a) establish conferences of chief justices and associate chief justices; and (b) establish seminars for the continuing education of judges, including seminars on matters related to sexual assault law, intimate partner violence, coercive control in intimate partner and family relationships and social context, which includes systemic racism and systemic discrimination. (c) [Repealed, 2023, c. 18, s. 7] (d) [Repealed, 2023, c. 18, s. 7] Seminars related to sexual assault law (3) The Council should ensure that seminars on matters related to sexual assault law established under paragraph (2)(b) (a) are developed after consultation with persons, groups or organizations the Council considers appropriate, such as sexual assault survivors and persons, groups and organizations that support them, including Indigenous leaders and representatives of Indigenous communities; and (b) include, where the Council finds appropriate, instruction in evidentiary prohibitions, principles of consent and the conduct of sexual assault proceedings, as well as education regarding myths and stereotypes associated with sexual assault complainants. R.S., 1985, c. J-1, s. 60; 1992, c. 51, s. 26; 2002, c. 8, s. 105 2021, c. 8, s. 2 2023, c. 7, s. 2 2023, c. 18, s. 7
Judges Act — J-1 61
Meetings of Council 61 (1) The Council shall meet at least once a year. Work of Council (2) Subject to this Act, the work of the Council shall be carried on in such manner as the Council may direct. By-laws (3) The Council may make by-laws (a) respecting the calling of meetings of the Council; (b) respecting the conduct of business at meetings of the Council, including the fixing of quorums for such meetings, the establishment of committees of the Council and the delegation of duties to any such committees; and (c) respecting the processes and proceedings under Part IV. R.S., 1985, c. J-1, s. 61 2023, c. 18, s. 8
Judges Act — J-1 62
Employment of counsel and assistants 62 The Council may engage the services of any persons that it considers necessary for carrying out its objects and duties, and also the services of counsel to assist the Council in the processes and proceedings under Part IV. R.S., 1985, c. J-1, s. 62 2023, c. 18, s. 9
Judges Act — J-1 62.1
Report — seminars 62.1 (1) Within 60 days after the end of each calendar year, the Council should submit to the Minister a report on the seminars referred to in paragraph 60(2)(b) on matters related to sexual assault law, intimate partner violence, coercive control in intimate partner and family relationships and social context, which includes systemic racism and systemic discrimination, that were offered in the preceding calendar year. The report should include the following information: (a) the title and a description of the content of each seminar, its duration and the dates on which it was offered; and (b) the number of judges who attended each seminar. Tabling of report (2) The Minister shall cause a copy of any report received to be tabled in each House of Parliament on any of the first 10 days on which that House is sitting after the Minister receives the report. 2021, c. 8, s. 3 2023, c. 7, s. 3
Judges Act — J-1 67
67 [Repealed, R.S., 1985, c. 16 (3rd Supp.), s. 5]
Judges Act — J-1 68
68 [Repealed, R.S., 1985, c. 16 (3rd Supp.), s. 6]
Judges Act — J-1 73
Commissioner for Federal Judicial Affairs 73 There shall be an officer, called the Commissioner for Federal Judicial Affairs, who shall have the rank and status of a deputy head of a department and who shall be appointed by the Governor in Council after consultation by the Minister with the Council or such committee thereof as is named for the purpose by the Council. 1976-77, c. 25, s. 17
Judges Act — J-1 74
Duties and functions of Commissioner 74 (1) It shall be the duty and function of the Commissioner, under the Minister, to (a) act as the deputy of the Minister in performing all such duties and functions in relation to the administration of Part I as fall, by law, within the responsibility of the Minister; (b) prepare budgetary submissions for the requirements of the Council; (c) be responsible for any other administrative arrangements that are necessary to ensure that all reasonable requirements, including those for premises, equipment and other supplies and services and for officers, clerks and employees of the Council for the carrying out of its operations, are provided for in accordance with law; and (d) do such other things as the Minister may require in connection with any matter or matters falling, by law, within the Minister’s responsibilities for the proper functioning of the judicial system in Canada. Interpretation of subsection (1) (2) It is hereby declared for greater certainty that such of the duties and functions of the Minister as are, by paragraphs (1)(a) to (d), subject to be performed by the Commissioner do not form part of the duties and functions assigned to the Minister by the Department of Justice Act . R.S., 1985, c. J-1, s. 74; 2002, c. 8, s. 108
Judges Act — J-1 75
Duties and functions 75 (1) The duties and functions described in paragraphs 74(1)(a) to (c) shall, in relation to the Supreme Court of Canada and the judges thereof, be carried out by the Registrar of the Court, who may, for that purpose, utilize the services of other persons on the staff of the Court. Registrar deemed deputy head (2) The Registrar of the Supreme Court of Canada shall, for the purposes of the Public Service Employment Act and other Acts of Parliament and for purposes relating to the duties and functions of the Registrar under this section, be deemed to be the deputy head of the portion of the federal public administration appointed under subsection 12(2) of the Supreme Court Act . R.S., 1985, c. J-1, s. 75; 2003, c. 22, s. 224(E)
Judges Act — J-1 77
Appointment 77 The officers, clerks and employees who are required by the Commissioner to carry out the Commissioner’s duties and functions under section 74 shall be appointed under the Public Service Employment Act . R.S., 1985, c. J-1, s. 77; 2002, c. 8, s. 110
Judges Act — J-1 78
Commissioner is deputy head 78 The Commissioner and the officers, clerks and employees appointed under section 77 shall be a portion of the federal public administration that is separate from the Department of Justice and of which the Commissioner shall be the deputy head. R.S., 1985, c. J-1, s. 78; 2002, c. 8, s. 110; 2003, c. 22, s. 224(E)
Judges Act — J-1 79
Definition of judicial office 79 In this Division, judicial office includes the office of an associate judge. 2023, c. 18, s. 12 2022, c. 10, s. 375
Judges Act — J-1 80
Justification 80 For the purposes of this Division, the removal from office of a judge is justified only if, for any of the following reasons, the judge’s continuation in office would undermine public confidence in the impartiality, integrity or independence of the judge or of their office to such an extent that it would render the judge incapable of executing the functions of judicial office: (a) infirmity; (b) misconduct; (c) failure in the due execution of judicial office; (d) the judge is in a position that a reasonable, fair-minded and informed observer would consider to be incompatible with the due execution of judicial office. 2023, c. 18, s. 12
Judges Act — J-1 81
Establishment of roster of judges 81 (1) The Council shall establish a roster of superior court judges who may be designated as members of a panel established under this Division. The judges on the roster must not be members of the Council. Number (2) The number of judges on the roster is set at the discretion of the Council. Recommendation (3) The naming of a judge to the roster must be made on the recommendation of the Canadian Superior Courts Judges Association. Term (4) A judge named to the roster remains on it for four years unless they cease to hold judicial office or request to be removed from the roster. When the four-year term ends, the judge may be renamed to the roster on the recommendation of the Canadian Superior Courts Judges Association. 2023, c. 18, s. 12