T-16 - Courts of Justice Act

Section 224.9 Disposition versions

2024-07-01

224.9. The average salary of a judge is the average salary for the three best remunerated years of service or, if the judge has less than three years of service, the average salary for all of the judge’s years of service.

To determine a judge’s average salary, the annual salaries taken into consideration are those of all the years of service of the judge as fixed by an order under section 115, 175 or 199, as the case may be. However, the additional remuneration attached to the office of chief judge, senior associate chief judge, associate chief judge, president of the Human Rights Tribunal or chairman of the Professions Tribunal shall be included in those salaries only if the judge has held such an office for at least seven years or, in the case of the office of chief municipal judge, if the judge has held such an office for at least five years. The additional remuneration paid to a coordinating judge, associate coordinating judge, coordinating municipal judge, associate coordinating municipal judge, judge responsible for the professional development of judges of the Court or justice responsible for presiding justices of the peace and any other remuneration paid to a judge to whom sections 131 to 134 apply shall be excluded from such salaries.

Any lump sump paid as a salary increase or adjustment for a preceding year forms part of the salary for that year.

A judge having held the office of chief judge, senior associate chief judge or associate chief judge for at least seven years is deemed, for the sole purpose of determining the amount of the judge’s pension, to have received, for each of the years taken into consideration, an annual salary at least equivalent to that of a puisne judge.

For the purposes of this section, the salary pertaining to a year of service during which the judge was granted leave without pay or leave with deferred pay under section 122.0.1 or 175 is the salary the judge would have received if the judge had not been granted such leave.

2001, c. 8, s. 9; 2004, c. 41, s. 1; 2005, c. 41, s. 10; 2009, c. 8, s. 7; 2017, c. 30, s. 12; 2023, c. 31, s. 14.

2017-12-07

224.9. The average salary of a judge is the average salary for the three best remunerated years of service or, if the judge has less than three years of service, the average salary for all of the judge’s years of service.

To determine a judge’s average salary, the annual salaries taken into consideration are those of all the years of service of the judge as fixed by an order under section 115 or 175. However, the additional remuneration attached to the office of chief judge, senior associate chief judge, associate chief judge, president of the Human Rights Tribunal or chairman of the Professions Tribunal shall be included in those salaries only if the judge has held such an office for at least seven years. The additional remuneration paid to a coordinating judge, associate coordinating judge, judge responsible for the professional development of judges of the Court or justice responsible for presiding justices of the peace and any other remuneration paid to a judge to whom sections 131 to 134 apply shall be excluded from such salaries.

Any lump sump paid as a salary increase or adjustment for a preceding year forms part of the salary for that year.

A judge having held the office of chief judge, senior associate chief judge or associate chief judge for at least seven years is deemed, for the sole purpose of determining the amount of the judge’s pension, to have received, for each of the years taken into consideration, an annual salary at least equivalent to that of a puisne judge.

For the purposes of this section, the salary pertaining to a year of service during which the judge was granted leave without pay or leave with deferred pay under section 122.0.1 or 175 is the salary the judge would have received if the judge had not been granted such leave.

2001, c. 8, s. 9; 2004, c. 41, s. 1; 2005, c. 41, s. 10; 2009, c. 8, s. 7; 2017, c. 30, s. 12.

2009-05-28

224.9. The average salary of a judge is the average salary for the three best remunerated years of service or, if the judge has less than three years of service, the average salary for all of the judge’s years of service.

To determine a judge’s average salary, the annual salaries taken into consideration are those of all the years of service of the judge as fixed by an order under section 115. However, the additional remuneration attached to the office of chief judge, senior associate chief judge, associate chief judge, president of the Human Rights Tribunal or chairman of the Professions Tribunal shall be included in those salaries only if the judge has held such an office for at least seven years. The additional remuneration paid to a coordinating judge, associate coordinating judge or judge responsible for the professional development of judges of the Court and any other remuneration paid to a judge to whom sections 131 to 134 apply shall be excluded from such salaries.

Any lump sump paid as a salary increase or adjustment for a preceding year forms part of the salary for that year.

A judge having held the office of chief judge, senior associate chief judge or associate chief judge for at least seven years is deemed, for the sole purpose of determining the amount of the judge’s pension, to have received, for each of the years taken into consideration, an annual salary at least equivalent to that of a puisne judge.

For the purposes of this section, the salary pertaining to a year of service covered by an agreement granting leave without pay or leave with deferred pay under section 122.0.1 is the salary that the judge would have received if the judge had not been a party to such an agreement.

2001, c. 8, s. 9; 2004, c. 41, s. 1; 2005, c. 41, s. 10; 2009, c. 8, s. 7.

2005-12-13

224.9. The average salary of a judge is the average salary for the three best remunerated years of service or, if the judge has less than three years of service, the average salary for all of the judge’s years of service.

To determine a judge’s average salary, the annual salaries taken into consideration are those of all the years of service of the judge as fixed by an order under section 115. However, the additional remuneration attached to the office of chief judge, senior associate chief judge or associate chief judge shall be included in those salaries only if the judge has held such an office for at least seven years. The additional remuneration paid to a coordinating judge, associate coordinating judge or judge responsible for the professional development of judges of the Court and any other remuneration paid to a judge to whom sections 131 to 134 apply shall be excluded from such salaries.

Any lump sum paid as a salary adjustment for a preceding year shall form part of the salary for the year in which it is paid. However, if the lump sum is paid in a year for which no service is credited, it forms part of the salary for the last year for which service is credited prior to the year of payment.

A judge having held the office of chief judge, senior associate chief judge or associate chief judge for at least seven years is deemed, for the sole purpose of determining the amount of the judge’s pension, to have received, for each of the years taken into consideration, an annual salary at least equivalent to that of a puisne judge.

For the purposes of this section, the salary pertaining to a year of service covered by an agreement granting leave without pay or leave with deferred pay under section 122.0.1 is the salary that the judge would have received if the judge had not been a party to such an agreement.

2001, c. 8, s. 9; 2004, c. 41, s. 1; 2005, c. 41, s. 10.

2004-12-17

224.9. The average salary of a judge is the average salary for the three best remunerated years of service or, if the judge has less than three years of service, the average salary for all of the judge’s years of service.

To determine a judge’s average salary, the annual salaries taken into consideration are those of all the years of service of the judge as fixed by an order under section 115. However, the additional remuneration attached to the office of chief judge, senior associate chief judge or associate chief judge shall be included in those salaries only if the judge has held such an office for at least seven years. The additional remuneration paid to a coordinating judge or associate coordinating judge and any other remuneration paid to a judge to whom sections 131 to 134 apply shall be excluded from such salaries.

Any lump sum paid as a salary adjustment for a preceding year shall form part of the salary for the year in which it is paid. However, if the lump sum is paid in a year for which no service is credited, it forms part of the salary for the last year for which service is credited prior to the year of payment.

A judge having held the office of chief judge, senior associate chief judge or associate chief judge for at least seven years is deemed, for the sole purpose of determining the amount of the judge’s pension, to have received, for each of the years taken into consideration, an annual salary at least equivalent to that of a puisne judge.

For the purposes of this section, the salary pertaining to a year of service covered by an agreement granting leave with deferred pay under section 122.0.1 is the salary that the judge would have received if the judge had not been a party to such an agreement.

2001, c. 8, s. 9; 2004, c. 41, s. 1.

2001-05-30

224.9. The average salary of a judge is the average salary for the three best remunerated years of service or, if the judge has less than three years of service, the average salary for all of the judge’s years of service.

To determine a judge’s average salary, the annual salaries taken into consideration are those of all the years of service of the judge as fixed by an order under section 115. However, the additional remuneration attached to the office of chief judge, senior associate chief judge or associate chief judge shall be included in those salaries only if the judge has held such an office for at least seven years. The additional remuneration paid to a coordinating judge or associate coordinating judge and any other remuneration paid to a judge to whom sections 131 to 134 apply shall be excluded from such salaries.

Any lump sum paid as a salary adjustment for a preceding year shall form part of the salary for the year in which it is paid. However, if the lump sum is paid in a year for which no service is credited, it forms part of the salary for the last year for which service is credited prior to the year of payment.

For the purposes of this section, the salary pertaining to a year of service covered by an agreement granting leave with deferred pay under section 122.0.1 is the salary that the judge would have received if the judge had not been a party to such an agreement.

2001, c. 8, s. 9.