Judges Act (R.S.C., 1985, c. J-1)

Annuity Calculations

Marginal note:Application of section 42

• 65.1 (1) If the Council recommends that a judge be removed from office in a report submitted to the Minister under section 65, for the purposes of calculating the judge’s annuity under section 42,

  • (a) the period beginning on the day on which the Council submits the report and ending on the day on which the judge ceases to hold judicial office is not considered to be part of the judge’s time in judicial office; and

  • (b) the salary used to calculate the annuity is the salary annexed to their office on the day on which the report is submitted.

• Marginal note:Suspension of contributions

  (2) The judge shall cease to make the contributions required under section 50 as of the day on which the report is submitted.

• Marginal note:Reimbursement and resumption

  (3) If a recommendation for removal is rejected by the Minister, the Senate or the House of Commons or if, on judicial review, the recommendation is rejected by a court whose decision is final, subsection (1) does not apply for the purposes of calculating the annuity of the judge who was the subject of the recommendation and that judge shall

  • (a) contribute, as if subsection (2) had never applied, the amounts that would have been required under section 50 as of the day on which the Council submitted the report to the Minister; and

  • (b) resume contributing the amounts required under section 50 as of the day on which the recommendation was rejected.

Effect of Inquiry

• 66 (1) [Repealed, R.S., 1985, c. 27 (2nd Supp.), s. 6]

• Marginal note:Leave of absence with salary

  (2) The Governor in Council may grant leave of absence to any judge found, pursuant to subsection 65(2), to be incapacitated or disabled, for such period as the Governor in Council, in view of all the circumstances of the case, may consider just or appropriate, and if leave of absence is granted the salary of the judge shall continue to be paid during the period of leave of absence so granted.

• Marginal note:Annuity to judge who resigns

  (3) The Governor in Council may grant to any judge found to be incapacitated or disabled, if the judge resigns, the annuity that the Governor in Council might have granted the judge if the judge had resigned at the time when the finding was made by the Governor in Council.

67 [Repealed, R.S., 1985, c. 16 (3rd Supp.), s. 5]

68 [Repealed, R.S., 1985, c. 16 (3rd Supp.), s. 6]

Inquiries concerning Other Persons

Marginal note:Further inquiries

• 69 (1) The Council shall, at the request of the Minister, commence an inquiry to establish whether a person appointed pursuant to an enactment of Parliament to hold office during good behaviour other than

  • (a) a judge of a superior court or an associate judge, or

  • (b) a person to whom section 48 of the Parliament of Canada Act applies,

  should be removed from office for any of the reasons set out in paragraphs 65(2)(a) to (d).

• Marginal note:Applicable provisions

  (2) Subsections 63(3) to (6), sections 64 and 65 and subsection 66(2) apply, with such modifications as the circumstances require, to inquiries under this section.

• Marginal note:Removal from office

  (3) The Governor in Council may, on the recommendation of the Minister, after receipt of a report described in subsection 65(1) in relation to an inquiry under this section in connection with a person who may be removed from office by the Governor in Council other than on an address of the Senate or House of Commons or on a joint address of the Senate and House of Commons, by order, remove the person from office.

Report to Parliament

Marginal note:Orders and reports to be laid before Parliament

70 Any order of the Governor in Council made pursuant to subsection 69(3) and all reports and evidence relating thereto shall be laid before Parliament within fifteen days after that order is made or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

Removal by Parliament or Governor in Council

Marginal note:Powers, rights or duties not affected

71 Nothing in, or done or omitted to be done under the authority of, any of sections 63 to 70 affects any power, right or duty of the House of Commons, the Senate or the Governor in Council in relation to the removal from office of a judge, an associate judge or any other person in relation to whom an inquiry may be conducted under any of those sections.

PART IIIAdministration of Federal Judicial Affairs

Interpretation

Marginal note:Definitions

72 In this Part,

Commissioner

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

Minister

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

Commissioner for Federal Judicial Affairs

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Registrar of the Supreme Court of Canada

Marginal note: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.

• Marginal note: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.

76 [Repealed, 2002, c. 8, s. 109]

Commissioner’s Staff

Marginal note: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.

Marginal note: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.