Judges Act (R.S.C., 1985, c. J-1)

45. and 46. [Repealed, 1992, c. 51, s. 21]

Marginal note:Lump sum payment

46.1 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.

Marginal note:Definition of "child"

• 47. (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]