Federal Courts Act

Judges for the Federal Court of Appeal and the Federal Court must meet certain qualifications. They can be appointed if they have experience as judges of superior, county or district courts in Canada; or if they are barristers or advocates with at least 10 years' standing at the bar of a province. In addition to these requirements, at least five judges of the Federal Court of Appeal and at least 10 judges of the Federal Court must be persons who have been judges of the Court of Appeal or Superior Court of Quebec, or members of the bar of that Province.

The Chief Justice of the Federal Court of Appeal and the Federal Court have rank and precedence among themselves. If the office of Chief Justice is vacant or if the Chief Justice is absent from Canada or unable to act, the powers and duties of the Chief Justice shall be exercised and performed by a designated judge or, in certain circumstances, by the senior judge of that court who is in Canada and able and willing to act.

The judges of the Federal Court of Appeal and the Federal Court are required to reside in the National Capital Region. They may also be required to remain in any centre other than the National Capital Region for a period longer than one month if it becomes necessary to complete the hearing of a cause or matter.

Judges hold office during good behaviour but can be removed by the Governor General on address of the Senate and House of Commons. A judge ceases to hold office on becoming 75 years old, unless they have held office before March 1, 1987, in which case they may retire at age 70.

Before beginning their duties as judges, they must take an oath that they will duly and faithfully execute their powers and trusts as judges to the best of their skill and knowledge. This oath is administered by the Governor General for the Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court, and by other judges of those courts.

Any judge of a superior, county or district court in Canada may act as a judge of the Federal Court of Appeal or the Federal Court at the request of the Chief Justice with the approval of the Governor in Council. A person who acts as a judge under this provision is referred to as a deputy judge and has all the powers of a judge of that court.