Judges Act (R.S.C., 1985, c. J-1)

Act current to 2017-11-20 and last amended on 2017-09-29. Previous Versions

 [Repealed, 1992, c. 51, s. 21]

Lump Sum Payment

Marginal note:Lump sum payment

 Where a judge dies while holding office, a lump sum equal to one sixth of the yearly salary of the judge at the time of death shall be paid to the survivor of the judge or, if there are two survivors, to the survivor who was cohabiting with the judge at the time of death, and if there is no survivor, to the estate or succession of the judge.

  • 1989, c. 8, s. 12;
  • 2000, c. 12, s. 164.

Annuities granted to Surviving Children

Definition of child

  •  (1) For the purposes of this section and sections 48 and 49, child means a child of a judge, including a child adopted legally or in fact, who

    • (a) is less than eighteen years of age; or

    • (b) is eighteen or more years of age but less than twenty-five years of age and is in full-time attendance at a school or university, having been in such attendance substantially without interruption since the child of the judge reached eighteen years of age or the judge died, whichever occurred later.

  • Marginal note:Regulations respecting school attendance

    (2) The Governor in Council may make regulations

    • (a) defining, for the purposes of this Act, the expression “full-time attendance at a school or university” as applied to a child of a judge; and

    • (b) specifying, for the purposes of this Act, the circumstances under which attendance at a school or university shall be determined to be substantially without interruption.

  • Marginal note:Annuity to surviving children

    (3) If a judge of a superior or county court dies while holding office, or a judge who was granted an annuity after October 5, 1971 dies, an annuity shall be granted to each surviving child of that judge as provided in subsections (4) to (6).

  • Marginal note:Annuity for children where survivor

    (4) The Governor in Council shall grant to each child of a judge described in subsection (3)

    • (a) if the judge leaves a survivor, an annuity equal to one-fifth of the annuity that is provided for a survivor under subsection 44(1) or (2); and

    • (b) if there is no survivor or the survivor dies, an annuity equal to two-fifths of the annuity that is provided for a survivor under subsection 44(1) or (2).

  • Marginal note:Maximum of annuities to children

    (5) The total amount of the annuities paid under subsection (4) shall not exceed four-fifths, in the case described in paragraph (4)(a), and eight-fifths, in the case described in paragraph (4)(b), of the annuity that is provided for a survivor under subsection 44(1) or (2).

  • (6) [Repealed, 2000, c. 12, s. 165]

  • R.S., 1985, c. J-1, s. 47;
  • R.S., 1985, c. 39 (3rd Supp.), s. 3;
  • 1998, c. 30, s. 8(F);
  • 2000, c. 12, s. 165;
  • 2002, c. 8, s. 98.
Marginal note:Apportionment of annuities among surviving children
  •  (1) Where, in computing the annuities to be paid under subsection 47(3) to the children of a judge referred to in that subsection, it is determined that there are more than four children of the judge to whom an annuity shall be granted, the total amount of the annuities granted shall be apportioned among the children in such shares as the Minister of Justice deems just and proper under the circumstances.

  • Marginal note:Children’s annuities, to whom paid

    (2) Where a child of a judge is granted an annuity under this Act, payment thereof shall, if the child is less than eighteen years of age, be made to the person having the custody and control of the child or, where there is no person having the custody and control of the child, to such person as the Minister of Justice may direct and, for the purposes of this subsection, the survivor of the judge, except where the child is living apart from the survivor, shall be presumed, in the absence of evidence to the contrary, to be the person having the custody and control of the child.

  • R.S., 1985, c. J-1, s. 48;
  • 2000, c. 12, s. 166.

Regulations concerning Inheritance Taxes

Marginal note:Payment of certain taxes out of C.R.F.

 The Governor in Council may make regulations providing for the payment out of the Consolidated Revenue Fund, on the grant of an annuity under this Act to the survivor or children of a judge or a retired judge, of the whole or any part of such portion of any estate, legacy, succession or inheritance duties or taxes that are payable by the survivor or children with respect to the annuity, as is determined in accordance with the regulations to be attributable to that annuity, and prescribing the amount by which and the manner in which any such annuity in any such case shall be reduced.

  • R.S., 1985, c. J-1, s. 49;
  • 2000, c. 12, s. 169.

Judges’ Contributions toward Annuities

Marginal note:Judges appointed before February 17, 1975
  •  (1) Every judge appointed before February 17, 1975 to hold office as a judge of a superior or county court shall, by reservation from the judge’s salary under this Act, contribute to the Consolidated Revenue Fund one and one-half per cent of that salary.

  • Marginal note:Judges appointed after February 16, 1975

    (2) Every judge appointed after February 16, 1975 to whom subsection (1) does not apply, shall, by reservation from the judge’s salary under this Act, contribute

    • (a) to the Consolidated Revenue Fund an amount equal to six per cent of that salary; and

    • (b) to the Supplementary Retirement Benefits Account established in the accounts of Canada pursuant to the Supplementary Retirement Benefits Act,

      • (i) prior to 1977, an amount equal to one-half of one per cent of that salary, and

      • (ii) commencing with the month of January 1977, an amount equal to one per cent of that salary.

  • Marginal note:Adjustment of contributions

    (2.1) A supernumerary judge, a judge who continues in judicial office after having been in judicial office for at least 15 years and whose combined age and number of years in judicial office is not less than 80, a judge of the Supreme Court of Canada who has continued in judicial office on that Court for at least 10 years, or a judge referred to in section 41.1 is not required to contribute under subsections (1) and (2) but is required to contribute, by reservation from salary, to the Supplementary Retirement Benefits Account at a rate of one per cent of his or her salary.

  • Marginal note:Interest

    (2.2) Interest is payable on all contributions refunded as a result of the application of subsection (2.1) at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act.

  • Marginal note:Income Tax Act

    (3) For the purposes of the Income Tax Act, the amounts contributed by a judge pursuant to subsection (1), (2) or (2.1) are deemed to be contributed to or under a registered pension plan.

  • Marginal note:Amounts to be credited to S.R.B. Account

    (4) Where any amount is paid into the Supplementary Retirement Benefits Account pursuant to paragraph (2)(b), an amount equal to the amount so paid shall be credited to that Account.

  • Definition of judicial office

    (5) In this section, judicial office includes the office of a prothonotary of the Federal Court.

  • R.S., 1985, c. J-1, s. 50;
  • 1992, c. 51, s. 23;
  • 1999, c. 31, s. 240;
  • 2001, c. 7, s. 25;
  • 2002, c. 8, s. 99;
  • 2006, c. 11, s. 14;
  • 2014, c. 39, s. 325.
Marginal note:Return of contributions where no annuity
  •  (1) If a judge has ceased to hold office otherwise than by reason of death and, at the time he or she ceased to hold office, no annuity under this Act was granted or could be granted to that judge, there shall thereupon be paid to the judge, in respect of his or her having ceased to hold that office, an amount equal to the total contributions made by him or her under subsection 50(1) or paragraph 50(2)(a), together with interest, if any, calculated pursuant to subsection (4).

  • Marginal note:Idem, where annuity

    (2) Where a judge to whom subsection 50(1) applies has ceased to hold office otherwise than by reason of death and that judge is granted an annuity under this Act, if,

    • (a) at the time the judge ceased to hold office, there is no person to whom an annuity under this Act could be granted in respect of the judge on his or her death, or

    • (b) at any time after the judge ceased to hold office but before his or her death, all persons to whom an annuity under this Act could be granted in respect of the judge on his or her death have died or ceased to be eligible to be granted such an annuity,

    there shall thereupon be paid to the judge in respect of his or her having ceased to hold that office an amount equal to the total contributions made by the judge under subsection 50(1), together with interest, if any, calculated pursuant to subsection (4).

  • Marginal note:Death benefit

    (3) Where, on or at any time after the death of a judge who died while holding office, or the death of a judge who died after ceasing to hold office but to whom no amount has been paid under subsection (1) or (2), there is no person or there is no longer any person to whom an annuity under this Act may be paid in respect of the judge, any amount by which

    • (a) the total contributions made by the judge under subsection 50(1) or paragraph 50(2)(a), together with interest, if any, calculated pursuant to subsection (4),

    exceeds

    • (b) the total amount, if any, paid to or in respect of the judge as annuity payments under this Act,

    shall thereupon be paid as a death benefit to the estate of the judge or, if less than one thousand dollars, as the Minister of Justice may direct.

  • Marginal note:Interest on payments and amounts of contributions

    (4) Where an amount becomes payable under subsection (1), (2) or (3) in respect of contributions made by a judge under subsection 50(1) or paragraph 50(2)(a), the Minister of Justice shall

    • (a) determine the total amount of contributions that have been made under that provision by the judge in respect of each year, in this subsection called a “contribution year”, in which contributions were made by the judge; and

    • (b) calculate interest on the amount determined under paragraph (a) in respect of each contribution year, compounded annually,

      • (i) in respect of each contribution year before 1997,

        • (A) at the rate of four per cent from December 31 of the contribution year to December 31, 1996, and

        • (B) at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act in effect from time to time, from December 31, 1996 to December 31 of the year immediately before the year in which the amount in respect of contributions made by the judge becomes payable, and

      • (ii) in respect of the 1997 contribution year and each contribution year after 1997, at the rate mentioned in clause (i)(B) from December 31 of the contribution year to December 31 of the year immediately before the year in which the amount in respect of contributions made by the judge becomes payable.

  • R.S., 1985, c. J-1, s. 51;
  • 1998, c. 30, s. 9;
  • 2002, c. 8, ss. 100(E), 111(E).
 
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