Section 100 of the Constitution Act, 1867

Section 100 of the Constitution Act, 1867 (French: article 100 de la Loi constitutionnelle de 1867) is a provision of the Constitution of Canada requiring the federal Parliament to fix and provide for the salaries for judges of the provincial superior, district and county courts.

Section 100 ensures that the federal Parliament will provide for salaries of the judges of the provincial superior, district and county courts.

[8][9] The provision is modelled on the financial security clause for English judges, set out in the Act of Settlement 1701.

As a result, the federal government is constitutionally required to have an independent commission to review proposals for judicial compensation, before it implements changes to the salary under section 100.

The two sections ensure that judges cannot be arbitrarily removed from office and have their salaries provided by the federal government.