T-16 - Courts of Justice Act

Section 93.1 Disposition versions

2005-12-13

93.1. A judge suffering from permanent physical or mental disability which, in the opinion of the Government, prevents the judge from effectively performing the duties attached to judicial office shall be relieved from judicial duties. Unless the judge resumes judicial duties under the second paragraph, the judge is deemed to have ceased to hold office on the day preceding the day on which the judge satisfies any of the pension eligibility requirements set out in paragraphs 1, 2 and 3 of sections 224.3 and 228 and section 246.3, depending on the pension plan.

If the judge recovers, the Government may permit the judge to resume judicial duties at the same court, even if all the posts in that court are already filled.

The permanent disability is established, after inquiry, by the Conseil de la magistrature, at the request of the Minister of Justice. Termination of permanent disability is established in the same manner.

1990, c. 44, s. 4; 2001, c. 8, s. 3; 2005, c. 41, s. 1.

2001-05-30

93.1. A judge suffering from permanent physical or mental disability which, in the opinion of the Government, prevents the judge from effectively performing the duties attached to judicial office shall be relieved from judicial duties. Unless the judge resumes judicial duties under the second paragraph, the judge is deemed to have ceased to hold office on the day preceding the day on which the judge satisfies any of the requirements set out in section 224.3, 228 or 246.3, as the case may be, for eligibility for a pension.

If the judge recovers, the Government may permit the judge to resume judicial duties at the same court, even if all the posts in that court are already filled.

The permanent disability is established, after inquiry, by the Conseil de la magistrature, at the request of the Minister of Justice. Termination of permanent disability is established in the same manner.

1990, c. 44, s. 4; 2001, c. 8, s. 3.

1990-11-02

93.1. A judge suffering from a permanent disability which, in the opinion of the Government, prevents him from effectively performing the duties of his office shall cease to hold such office.

If the judge recovers, the Government may reappoint him as a judge of the court where he formerly held office without having recourse to the selection procedure prescribed by regulation under section 88, even if all the posts in that court are already filled.

The permanent disability is established, after inquiry, by the Conseil de la magistrature, at the request of the Minister of Justice. Termination of permanent disability is established in the same manner.

1990, c. 44, s. 4.