Judges Act (R.S.C., 1985, c. J-1)

Marginal note: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).

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Reappointment

  (5) A member is eligible to be reappointed for one further term if re-nominated in accordance with subsection (1).

• Marginal note: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.

• Marginal note: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.

• Marginal note:Quorum

  (8) A quorum of the Commission consists of all three members.

• Marginal note: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.

• Marginal note: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.

Marginal note:Definition of judiciary

26.11 In sections 26 and 26.1, judiciary includes associate judges.

Marginal note:Personnel

• 26.2 (1) The Commission may engage the services of any persons necessary for the proper conduct of the Commission.

• Marginal note:Presumption

  (2) No person engaged under subsection (1) shall, as a result, be considered to be employed in the federal public administration.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Application

  (4) This section applies to costs incurred in relation to participation in any inquiry of the Commission conducted after September 1, 1999.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Application

  (4) This section applies to costs incurred as of April 1, 2015 in relation to participation in any inquiry of the Commission.

Special and Representational Allowances

Marginal note:Allowance for incidental expenditures actually incurred

• 27 (1) On and after April 1, 2020, every judge in receipt of a salary under this Act is entitled to be paid, up to a maximum of $7,500 for each year, for reasonable incidental expenditures that the fit and proper execution of the office of judge may require, to the extent that the judge has actually incurred the expenditures and is not entitled to be reimbursed for them under any other provision of this Act.

• Marginal note:Allowance for incidental expenditures by associate judges

  (1.1) On and after April 1, 2020, every associate judge is entitled to be paid, up to a maximum of $7,500 for each year, for reasonable incidental expenditures that the fit and proper execution of the office of associate judge may require, to the extent that the associate judge has actually incurred the expenditures and is not entitled to be reimbursed for them under any other provision of this Act.

• Marginal note:Additional allowance for northern judges

  (2) On and after April 1, 2004, there shall be paid to each judge of the Supreme Court of Newfoundland and Labrador resident in Labrador and each judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice who is in receipt of a salary under this Act, in addition to the allowance provided by subsection (1), a non-accountable yearly allowance of $12,000 as compensation for the higher cost of living in Labrador and in the territories.

• Marginal note:Allowance — medical or dental treatment

  (2.1) If a judge referred to in subsection (2) is required to travel for the purpose of receiving a non-elective medical or dental treatment that is required without delay and unavailable at or in the immediate vicinity of the place where the judge resides, the judge is entitled to be paid an allowance for reasonable expenses actually incurred while travelling for that purpose, to the extent that the judge may not be reimbursed for them under any other provision of this Act.

• Marginal note:Additional allowance — Federal Courts and Tax Court of Canada

  (3) There shall be paid to every judge of the Federal Court of Appeal, the Federal Court and the Tax Court of Canada who is in receipt of a salary under this Act, in addition to the allowance provided by subsection (1), a non-accountable yearly allowance of $2,000 as compensation for special incidental expenditures inherent in the exercise of their office as judge.

• (3.1) [Repealed, 2002, c. 8, s. 86]

• Marginal note:Continuance in force of subsection (3)

  (4) Subsection (3) shall continue in force for so long as subsection 57(2) continues in force in relation to judges of superior courts in the provinces.

• Marginal note:Idem

  (5) The additional allowances described in subsections (2) and (3) are deemed not to be travel or personal or living expense allowances expressly fixed by this Act.

• Marginal note:Representational allowance

  (6) On and after April 1, 2020, each of the following judges is entitled to be paid, as a representational allowance, reasonable travel and other expenses actually incurred by the judge or the spouse or common-law partner of the judge in discharging the special extra-judicial obligations and responsibilities that devolve on the judge, to the extent that those expenses may not be reimbursed under any other provision of this Act and their aggregate amount does not exceed in any year the maximum amount indicated below in respect of the judge:

  • (a) the Chief Justice of Canada, $25,000;

  • (b) each puisne judge of the Supreme Court of Canada, $15,000;

  • (c) the Chief Justice of the Federal Court of Appeal and each chief justice described in sections 12 to 21 as the chief justice of a province, $17,500;

  • (d) each other chief justice referred to in sections 10 to 21, $15,000;

  • (e) the Chief Justices of the Court of Appeal of Yukon, the Court of Appeal of the Northwest 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]

• Marginal note: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.

• Marginal note: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.

Supernumerary Judges and Associate Judges

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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]