Part IIFinal RegulationPublished: May 10, 2023
Federal Court Associate Judges — Number and Workload
Associate Judges (Federal Court) Regulations: SOR/2023-83
These regulations fix the maximum number of associate judges for the Federal Court at nine and require a supernumerary (semi‑retired) associate judge to carry at least 50% of a full associate judge’s workload. They do not change pay, benefits, or eligibility and came into force on May 1, 2023.
- Published
- May 10, 2023
- Department
- Unavailable
- Section
- Associate Judges (Federal Court) Regulations
- Comment deadline
- Unavailable
- Effective date
- May 1, 2023
- Publication part
- Part II
Summary
Summary#
The Associate Judges (Federal Court) Regulations fix how many associate judges the Federal Court can have and set a minimum workload for judges who choose semi‑retirement. They allow up to nine associate judges and require a supernumerary (part‑time) associate judge to carry at least 50% of a full associate judge’s workload. These rules came into force on May 1, 2023.
What it does#
- Fixes the maximum number of associate judges for the Federal Court at nine.
- Sets the workload of a supernumerary (semi‑retired) associate judge at a minimum of 50% of a non‑supernumerary associate judge’s workload.
- Does not change pay, benefits, or who is eligible to be an associate judge.
- Comes into force on the day the regulations were registered: May 1, 2023.
Who's affected#
- Associate judges of the Federal Court, including those who may elect to become supernumerary (part‑time).
- The Chief Justice of the Federal Court, who assigns workloads.
- The Office of the Commissioner for Federal Judicial Affairs Canada (CFJA) and other court administrators who keep staffing lists and application materials up to date.
- The federal government’s budget offices, because associate judges’ salaries are paid from the Consolidated Revenue Fund.
- Ordinary Canadians and businesses will not see new costs or new restrictions from these regulations.
Why it matters#
- It makes court staffing clearer to the public by putting a fixed head count (nine) into regulation.
- It provides predictable expectations about how much work a semi‑retired (supernumerary) associate judge will do (at least 50%), which helps courts plan case assignments.
- It helps the government predict salary costs paid from the Consolidated Revenue Fund, because the maximum number of funded associate judge positions is now specified.
- The change is largely technical and administrative: it does not create new positions or change pay, but it does lock in the current staffing level and clarify the role of supernumerary judges.
Key topics
Associate Judges (Federal Court) RegulationsFederal Courts ActBudget Implementation Act, 2022Associate judgeSupernumerary associate judgeFederal CourtConsolidated Revenue FundOffice of the Commissioner for Federal Judicial Affairs CanadaDepartment of Justice CanadaChief Justice of the Federal Courtprothonotaryjudicial appointments
Source: Canada Gazette