Judges Act (R.S.C., 1985, c. J-1)

Act current to 2016-01-25 and last amended on 2015-02-26. Previous Versions

Marginal note:Transfer and payment of share
  •  (1) The spouse’s, former spouse’s or former common-law partner’s share of a judge’s annuity benefits shall be accorded by

    • (a) the transfer of the specified portion of that share to a retirement savings plan established for the spouse, former spouse or former common-law partner that is of the prescribed kind for the purposes of section 26 of the Pension Benefits Standards Act, 1985; and

    • (b) the payment of the remainder of that share, if any, to the spouse, former spouse or former common-law partner.

  • Marginal note:Calculation of specified portion

    (2) For the purpose of paragraph (1)(a), the specified portion of a spouse’s, former spouse’s or former common-law partner’s share of a judge’s annuity benefits is

    • (a) if that share consists of a portion of the judge’s contributions, that portion; or

    • (b) in any other case, the amount determined by the formula

      (A × B × C) / D

      where

      A 
      is the share of the annuity benefits,
      B 
      is the period subject to division,
      C 
      is the defined benefit limit, within the meaning of regulations made under the Income Tax Act, for the calendar year in which the share is accorded, and
      D 
      is the portion of the annuity that is attributed, in accordance with the regulations, to the period subject to division.
  • Marginal note:Tax treatment

    (3) For the purposes of the Income Tax Act, an amount transferred to a retirement savings plan in accordance with paragraph (1)(a) is deemed to be an amount transferred from a registered pension plan in accordance with subsection 147.3(5) of that Act.

  • 2006, c. 11, s. 15.
Marginal note:Further divisions precluded

 Where a division of annuity benefits is made in respect of a period subject to division under section 52.14, no further divisions may be made under that section in respect of that period.

  • 2006, c. 11, s. 15.
Marginal note:Amounts transferred in error

 Where the amount transferred or paid in respect of a spouse, former spouse or former common-law partner, or paid to the estate or succession of a deceased spouse, former spouse or former common-law partner, under section 52.14 or 52.15 exceeds the amount that the spouse, former spouse or former common-law partner was entitled to have transferred or paid or the estate or succession was entitled to be paid, the amount in excess constitutes a debt due to Her Majesty in right of Canada by that spouse, former spouse or former common-law partner or that estate or succession.

  • 2006, c. 11, s. 15.
Marginal note:Amounts paid before adjustment

 Where an adjustment is made under subsection 52.14(8) and an amount is or has been paid to a judge that exceeds the amount to which the judge is or would have been entitled under this Act after the effective date of that adjustment, the amount in excess constitutes a debt due to Her Majesty in right of Canada by the judge and may be recovered at any time by set-off against any annuity benefit that is payable to the judge under this Act, without prejudice to any other recourse available to Her Majesty in right of Canada with respect to its recovery.

  • 2006, c. 11, s. 15.
Marginal note:Void transactions
  •  (1) Amounts that a spouse, former spouse or former common-law partner is or may become entitled to under section 52.14 are not capable of being assigned, charged, anticipated or given as security, and any transaction that purports to assign, charge, anticipate or give as security any such amount is void.

  • Marginal note:Exemption from attachment, etc.

    (2) Amounts that a spouse, former spouse or former common-law partner is or may become entitled to under section 52.14 are exempt from attachment, seizure and execution, either at law or in equity.

  • 2006, c. 11, s. 15.
Marginal note:Access of spouse, etc. to division of benefits

 Notwithstanding any other provision of this Act, a court of competent jurisdiction may order, for any period that the court determines, that no action be taken by the Minister under this Act that may prejudice the ability of the spouse, common-law partner, former spouse or former common-law partner to make an application or obtain the division of the judge’s annuity benefits under this Act.

  • 2006, c. 11, s. 15.
Marginal note:Information for spouse, etc. re benefits

 Subject to the regulations, the Minister shall, at the request of a spouse, common-law partner, former spouse or former common-law partner of a judge, provide that person with information prescribed by the regulations concerning the benefits that are or may become payable to or in respect of that judge under this Act.

  • 2006, c. 11, s. 15.
Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) respecting the manner of making an application, the information that is to be provided in it and the documents that are to accompany it;

  • (b) prescribing the circumstances in which interested parties are deemed to have been living separate and apart for the purposes of paragraph 52.11(2)(b);

  • (c) prescribing circumstances in which a person may make an application or object to an application on behalf of another person, or may act on behalf of another person in proceeding with an application made by that other person;

  • (d) prescribing circumstances in which, the manner in which and the conditions under which the personal representative or the liquidator of the succession of a deceased judge or of a deceased spouse, former spouse or former common-law partner of a judge may make or object to an application or may proceed with an application that was made by or on behalf of the judge, spouse, former spouse or former common-law partner;

  • (e) when regulations are made under paragraph (c) or (d), respecting the manner in which and the extent to which any provision of this Act applies to a person referred to in that paragraph or in the circumstances prescribed by those regulations, and adapting any provision of this Act to those persons or circumstances;

  • (f) prescribing circumstances in which, the manner in which and the conditions under which a spouse, former spouse or former common-law partner of a judge may make an application after the death of the judge;

  • (g) respecting the notice of receipt of applications to be given to interested parties under subsection 52.11(3);

  • (h) respecting the withdrawal of applications;

  • (i) respecting the manner of submitting notices of objection under subsection 52.12(1);

  • (j) for determining the value of an annuity to be attributed to a period subject to division, for the purposes of subsection 52.14(1);

  • (k) for determining the expected date of retirement of a judge, for the purposes of subsections 52.14(2) and (3.1);

  • (l) respecting the actuarial assumptions on which the determinations made under paragraphs (j) and (k) are to be based;

  • (m) prescribing the manner in which a judge’s spouse, former spouse or former common-law partner may make an election under subsection 52.14(4), and respecting the notification of a judge of such an election;

  • (n) prescribing, for the purposes of paragraph 52.14(6)(b), the manner of determining the period during which interested parties cohabited;

  • (o) respecting the adjustment of the annuity benefits payable to a judge under subsection 52.14(8), including the determination of the effective date of the adjustment;

  • (p) generally respecting the division of the annuity benefits of a judge who resigns or is removed from office by reason of an infirmity;

  • (q) respecting the manner in which and the extent to which any provision of this Act applies, notwithstanding the other provisions of this Act, to a judge, to a spouse, former spouse, common-law partner or former common-law partner of a judge or to any other person when annuity benefits are divided under section 52.14, and adapting any provision of this Act to those persons;

  • (r) for determining the portion of an annuity to be attributed to a period subject to division, for the purposes of subsection 52.15(2);

  • (s) for the purposes of section 52.21, respecting the manner in which a request for information is to be made by a spouse, former spouse, common-law partner or former common-law partner of a judge, prescribing the information that is to be provided to that person concerning the benefits that are or may become payable to or in respect of the judge and specifying circumstances in which a request may be refused;

  • (t) prescribing remedial action that may be taken in prescribed circumstances in response to administrative error or the provision of erroneous information;

  • (u) prescribing any matter or thing that may be prescribed under sections 52.1 to 52.21; and

  • (v) generally for carrying out the purposes and provisions of sections 52.1 to 52.21 and this section.

  • 2006, c. 11, s. 15.
 
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