Judges Act (R.S.C., 1985, c. J-1)

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Definitions

  (4) For the purposes of this section,

  chief justice

  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

  superior court, in the case of a superior court constituted with divisions, means a division thereof. (juridiction supérieure)

Special Retirement Provision — Supreme Court of Canada Judges

Marginal note: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.

• Marginal note: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.

• Marginal note:No extra remuneration

  (3) Section 57 applies with respect to a judge to whom this section applies.

Benefits

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Compulsory participation

  (4) Participation in basic life insurance under paragraph (1)(a) is compulsory for all judges.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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).

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Application

  (4) Subsections (1) to (3) apply to deaths that occur on or after April 1, 2000.

Marginal note: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.

• Marginal note: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.

Annuities for Judges

Marginal note: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.

• 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.

• Marginal note: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.

Marginal note:Annuity payable to supernumerary judge

• 43 (1) If a supernumerary judge, before becoming one, held the office of chief justice, senior associate chief justice or associate chief justice, the annuity payable to the judge under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office of chief justice, senior associate chief justice or associate chief justice previously held by him or her.

• Marginal note:Annuity for former supernumerary judge

  (1.1) If a supernumerary judge to whom subsection (1) applies is appointed to a different court to perform only the duties of a judge, the annuity payable to the judge under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office of chief justice, senior associate chief justice or associate chief justice previously held by him or her.

• Marginal note:Annuity — election under section 31, 32 or 32.1

  (2) 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, in accordance with section 31, or a chief justice of a superior court of a province, in accordance with section 32, or the Chief Justice of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, in accordance with section 32.1, has elected to cease to perform his or her duties and to perform only the duties of a judge, the annuity payable to him or her under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attainment of the age of retirement, to the office held by him or her immediately before his or her election.

• Marginal note:Annuity — election under section 31.1

  (2.1) If the Chief Justice of the Court Martial Appeal Court of Canada, in accordance with section 31.1, has elected to cease to perform his or her duties as such and to perform only the duties of a judge, the annuity payable to him or her under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office held by him or her immediately before his or her election, if he or she had continued in that office for at least five years or had continued in that office and any other office of chief justice for a total of at least five years.

• Marginal note:Annuity payable to chief justice

  (2.2) If a chief justice is appointed to a different court to perform only the duties of a judge, the annuity payable to him or her under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office of chief justice, if he or she had continued in that office for at least five years or had continued in that office and any other office of chief justice for at least five years.

• Marginal note:Definition of chief justice and chief justice of a superior court of a province

  (3) In subsections (2) to (2.2), 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 that court, or, if that court is constituted with divisions, of a division of that court.

• Marginal note:Application of subsections (1) and (2)

  (4) Subsections (1) and (2) are deemed to have come into force on April 1, 2012.