Section 99 of the Constitution Act, 1867

(1) Subject to subsection (2) of this section, the judges of the superior courts shall hold office during good behaviour, but shall be removable by the Governor General on address of the Senate and House of Commons.

[9][10]: 319  The phrase comes from the English Act of Settlement of 1701,[11] which provided that judges of the royal courts would hold their office quamdiu se bene gesserint (Latin: "as long as he shall behave himself well").

This was changed in 1960, when the House of Commons and the Senate passed resolutions calling on the British government to introduce an amendment to create mandatory retirement at age 75.

[13] The provision took effect on March 1, 1961, meaning that any judge who was aged 75 or older on that date automatically lost their position.

As a result, the federal government is constitutionally required to have an Independent commission to review proposals for judicial compensation.