Marginal note:Supernumerary prothonotaries
30 (1) If a prothonotary notifies the Minister of Justice of Canada of his or her election to give up regular judicial duties and hold office only as a supernumerary prothonotary, the prothonotary shall hold the office of supernumerary prothonotary 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.
Marginal note:Restriction on election
(2) An election may be made under subsection (1) only by a prothonotary
(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 prothonotary
(3) A prothonotary 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 prothonotary by the chief justice or the associate chief justice of the court to which he or she is appointed.
Marginal note:Salary of supernumerary prothonotary
(4) The salary of each supernumerary prothonotary is the salary annexed to the office of a prothonotary.
Marginal note:Deemed election and notice
(5) For the purposes of subsection (1), if a prothonotary gives notice to the Minister of Justice of Canada of the prothonotary’s election to be effective on a future day specified in the notice, being a day on which the prothonotary will be eligible to make the election, the prothonotary 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
- Date modified: