Judges Act (R.S.C., 1985, c. J-1)

Full Document:

Act current to 2013-04-29 and last amended on 2012-12-14. Previous Versions

Diversion under Financial Support Order

52. (1) Where any court in Canada of competent jurisdiction has made an order requiring a recipient of an annuity or other amount payable under section 42, 43, 44, 44.1 or 44.2, or under subsection 51(1) to pay financial support, amounts so payable to the recipient are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.
Marginal note:Payment deemed to be to former judge
(2) For the purposes of this Part, any payment made pursuant to subsection (1) shall be deemed to have been made to the former judge in respect of whom the payment was made.

52.1 The following definitions apply in this section and in sections 52.11 to 52.22.

“agreement” « accord »: “agreement” means an agreement referred to in subparagraph 52.11(2)(b)(ii).
“annuity” « pension »: “annuity” means an annuity payable under section 42, 43 or 43.1.
“annuity benefit” « prestation de pension »: “annuity benefit” means an annuity or a return of contributions payable under section 51, and includes amounts payable to a judge under the Supplementary Retirement Benefits Act.
“application” « demande »: “application” means an application made under subsection 52.11(1).
“court order” « ordonnance »: “court order” means an order referred to in paragraph 52.11(2)(a) or subparagraph 52.11(2)(b)(i).
“interested party” « intéressé »: “interested party”, in relation to an application for division of a judge’s annuity benefits, means the judge or the spouse, former spouse or former common-law partner with whom those benefits would be divided under the application.
“judge” « juge »: “judge” includes a former judge who has been granted an annuity.
“Minister” « ministre »: “Minister” means the Minister of Justice of Canada.
“prescribed” Version anglaise seulement: “prescribed” means prescribed by regulation.
“spouse” « époux »: “spouse”, in relation to a judge, includes a person who is a party to a void marriage with the judge.