Judges Act

This Act may be cited as the Judges Act.

In this Act,

age of retirement of a judge or of an associate judge means the age, fixed by law, at which the judge or associate judge ceases to hold office; (mise à la retraite d’office)

associate judge means an associate judge of the Federal Court or an associate judge of the Tax Court of Canada and includes a supernumerary associate judge; (juge adjoint)

attorney general of the province, except where otherwise defined, means the minister of the Crown of the province who is responsible for judicial affairs; (procureur général de la province)

Commissioner means the Commissioner for Federal Judicial Affairs referred to in section 73; (commissaire)

common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

Council means the Canadian Judicial Council established by subsection 59(1); (Conseil)

county includes district; (comté)

judge includes a chief justice, senior associate chief justice, associate chief justice, supernumerary judge and regional senior judge; (juge)

Minister means the Minister of Justice of Canada; (ministre)

prothonotary[Repealed, 2022, c. 10, s. 333]

survivor, in relation to a judge or to an associate judge, means a person who was married to the judge or associate judge at the time of the judge’s or associate judge’s death or who establishes that he or she was cohabiting with the judge or associate judge in a conjugal relationship at the time of the judge’s or associate judge’s death and had so cohabited for a period of at least one year. (survivant)

Subject to subsection (2), sections 26 to 26.‍3, 34 and 39, paragraphs 40(1)‍(a) and (b), subsection 40(2), sections 41, 41.‍2 to 42, 43.‍1 to 56 and 57, paragraph 60(2)‍(b) and Part IV also apply to an associate judge.

Sections 41.2, 41.3, 42 and 43.1 to 52.22 do not apply to an associate judge who made an election under the Economic Action Plan 2014 Act, No. 2 to continue to be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

No person is eligible to be appointed a judge of a superior court in any province unless, in addition to any other requirements prescribed by law, that person

is a barrister or advocate of at least 10 years’ standing at the bar of any province or has, for an aggregate of at least 10 years,

been a barrister or advocate at the bar of any province, and

after becoming a barrister or advocate at the bar of any province, exercised powers and performed duties and functions of a judicial nature on a full-time basis in respect of a position held under a law of Canada or a province; and

undertakes to participate in continuing education on matters related to sexual assault law and social context, which includes systemic racism and systemic discrimination, including by attending seminars established under paragraph 60(2)(b).

[Repealed, 1990, c. 17, s. 28]

[Repealed, 1992, c. 51, s. 4]

A judge of the Supreme Court of British Columbia who held the office of a judge of the County Courts of British Columbia on March 1, 1987 and on June 30, 1990 may retire at the age of seventy years.

A judge of the Superior Court of Justice in and for the Province of Ontario who held the office of a judge of the District Court of Ontario on March 1, 1987 and on August 31, 1990 may retire at the age of seventy years.

A judge of the Supreme Court of Nova Scotia who held the office of a judge of the County Court of Nova Scotia on March 1, 1987 and on the coming into force of this subsection may retire at the age of seventy years.

The yearly salaries of the judges of the Supreme Court of Canada are as follows:

the Chief Justice of Canada, $435,600; and

the eight puisne judges, $403,300 each.

The yearly salaries of the judges of the Federal Courts are as follows:

the Chief Justice of the Federal Court of Appeal, $371,400;

the other judges of the Federal Court of Appeal, $338,800 each;

the Chief Justice and the Associate Chief Justice of the Federal Court, $371,400 each; and

the other judges of the Federal Court, $338,800 each.

The yearly salaries of the associate judges of the Federal Court shall be 80% of the yearly salaries, calculated in accordance with section 25, of the judges referred to in paragraph 10(d).

The yearly salary of the Chief Justice of the Court Martial Appeal Court of Canada shall be $371,400.

The yearly salaries of the judges of the Tax Court of Canada are as follows:

the Chief Justice, $371,400;

the Associate Chief Justice, $371,400; and

the other judges, $338,800 each.

The yearly salaries of the associate judges of the Tax Court of Canada shall be 80% of the yearly salaries, calculated in accordance with section 25, of the judges referred to in paragraph 11(c).

The yearly salaries of the judges of the Court of Appeal for Ontario and of the Superior Court of Justice in and for the Province of Ontario are as follows:

the Chief Justice and the Associate Chief Justice of Ontario, $371,400 each;

the 16 Justices of Appeal, $338,800 each;

the Chief Justice and the Associate Chief Justice of the Superior Court of Justice, $371,400 each; and

the 212 other judges of the Superior Court of Justice, $338,800 each.

The yearly salaries of the judges of the Court of Appeal and of the Superior Court in and for the Province of Quebec are as follows:

the Chief Justice of Quebec, $371,400;

the 19 puisne judges of the Court of Appeal, $338,800 each;

the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Superior Court, $371,400 each; and

the 144 puisne judges of the Superior Court, $338,800 each.

The yearly salaries of the judges of the Nova Scotia Court of Appeal and the Supreme Court of Nova Scotia are as follows:

the Chief Justice of Nova Scotia, $371,400;

the seven other judges of the Court of Appeal, $338,800 each;

the Chief Justice and the Associate Chief Justice of the Supreme Court, $371,400 each; and

the 23 other judges of the Supreme Court, $338,800 each.

The yearly salaries of the judges of the Court of Appeal of New Brunswick and of the Court of Queen’s Bench of New Brunswick are as follows:

the Chief Justice of New Brunswick, $371,400;

the five other judges of the Court of Appeal, $338,800 each;

the Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $371,400 each; and

the 20 other judges of the Court of Queen’s Bench, $338,800 each.

The yearly salaries of the judges of the Court of Appeal for Manitoba and of Her Majesty’s Court of Queen’s Bench for Manitoba are as follows:

the Chief Justice of Manitoba, $371,400;

the six Judges of Appeal, $338,800 each;

the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $371,400 each; and

the 31 puisne judges of the Court of Queen’s Bench, $338,800 each.

The yearly salaries of the judges of the Court of Appeal for British Columbia and of the Supreme Court of British Columbia are as follows:

the Chief Justice of British Columbia, $371,400;

the 12 Justices of Appeal, $338,800 each;

the Chief Justice and the Associate Chief Justice of the Supreme Court, $371,400 each; and

the 86 other judges of the Supreme Court, $338,800 each.

The yearly salaries of the judges of the Court of Appeal of Prince Edward Island and of the Supreme Court of Prince Edward Island are as follows:

the Chief Justice of Prince Edward Island, $371,400;

the two other judges of the Court of Appeal, $338,800 each;

the Chief Justice of the Supreme Court, $371,400; and

the three other judges of the Supreme Court, $338,800 each.

The yearly salaries of the judges of the Court of Appeal for Saskatchewan and of Her Majesty’s Court of Queen’s Bench for Saskatchewan are as follows:

the Chief Justice of Saskatchewan, $371,400;

the seven Judges of Appeal, $338,800 each;

the Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $371,400 each; and

the 33 other judges of the Court of Queen’s Bench, $338,800 each.

The yearly salaries of the judges of the Court of Appeal of Alberta and of the Court of Queen’s Bench of Alberta are as follows:

the Chief Justice of Alberta, $371,400;

the 10 Justices of Appeal, $338,800 each;

the Chief Justice and the two Associate Chief Justices of the Court of Queen’s Bench, $371,400 each; and

the 70 other Justices of the Court of Queen’s Bench, $338,800 each.

The yearly salaries of the judges of the Supreme Court of Newfoundland and Labrador are as follows:

the Chief Justice of Newfoundland and Labrador, $371,400;

the five Judges of Appeal, $338,800 each;

the Chief Justice and the Associate Chief Justice of the Trial Division, $371,400 each; and

the 18 other judges of the Trial Division, $338,800 each.

The yearly salaries of the judges of the Supreme Court of Yukon are as follows:

the Chief Justice, $371,400; and

the two other judges, $338,800 each.

The yearly salaries of the judges of the Supreme Court of the Northwest Territories are as follows:

the Chief Justice, $371,400; and

the two other judges, $338,800 each.

The yearly salaries of the judges of the Nunavut Court of Justice are as follows:

the Chief Justice, $371,400; and

the five other judges, $338,800 each.

[Repealed, 2017, c. 33, s. 232]

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.

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.

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.

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

16, in the case of judges appointed to appeal courts in the provinces; and

69, in the case of judges appointed to superior courts in the provinces other than appeal courts.

[Repealed, 1992, c. 51, s. 7]

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)

where the court has the jurisdiction of a unified family court; or

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.

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.

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.

The yearly salaries referred to in sections 9 to 22 apply in respect of the twelve-month period beginning on April 1, 2020.

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

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

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.

For the purposes of this section,

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

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.

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.

In conducting its inquiry, the Commission shall consider

the prevailing economic conditions in Canada, including the cost of living, and the overall economic and current financial position of the federal government;

the role of financial security of the judiciary in ensuring judicial independence;

the need to attract outstanding candidates to the judiciary; and

any other objective criteria that the Commission considers relevant.

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.

The Commission may, with the consent of the Minister and the judiciary, postpone the date of commencement of a quadrennial inquiry.

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.

The Governor in Council may, on the request of the Commission, extend the time for submission of a report under subsection (2) or (4).

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.

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.

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.

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.

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.

The Judicial Compensation and Benefits Commission consists of three members appointed by the Governor in Council as follows:

one person nominated by the judiciary;

one person nominated by the Minister; and

one person, who shall act as chairperson, nominated by the members who are nominated under paragraphs (a) and (b).

Each member holds office during good behaviour, and may be removed for cause at any time by the Governor in Council.

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.

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.

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

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.

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.

A quorum of the Commission consists of all three members.

The members of the Commission and persons carrying out duties under subsection (4) shall be paid

the fees fixed by the Governor in Council; and

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.

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.

In sections 26 and 26.1, judiciary includes associate judges.

The Commission may engage the services of any persons necessary for the proper conduct of the Commission.

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

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.

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.

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.

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

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.

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.

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.

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

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.

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.

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.

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.

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.

[Repealed, 2002, c. 8, s. 86]

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.

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.

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:

the Chief Justice of Canada, $25,000;

each puisne judge of the Supreme Court of Canada, $15,000;

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;

each other chief justice referred to in sections 10 to 21, $15,000;

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;

the Chief Justice of the Court Martial Appeal Court of Canada, $15,000; and

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.

[Repealed, 2006, c. 11, s. 6]

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.

In this section, except in paragraphs (6)(a) and (c), chief justice includes a senior associate chief justice and an associate chief justice.

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.

An election may be made under subsection (1) only by a judge

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

who has attained the age of 70 years and has continued in judicial office for at least 10 years.

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

by the Chief Justice of the Federal Court of Appeal, if the judge is a judge of that Court;

by the Chief Justice or the Associate Chief Justice of the Federal Court, if the judge is a judge of that Court; or