Judges Act (R.S.C., 1985, c. J-1)

Act current to 2016-04-12 and last amended on 2015-02-26. Previous Versions

Marginal note:Annuity to be prorated between the two survivors
  •  (1) Notwithstanding section 44, if there are two persons who are entitled to an annuity under that section, each survivor shall receive a share of the annuity prorated in accordance with subsection (2) for his or her life.

  • Marginal note:Determination of prorated share

    (2) The prorated share of each survivor is equal to the product obtained by multiplying the annuity by a fraction of which the numerator is the number of years that the survivor cohabited with the judge, whether before or after his or her appointment as a judge, and the denominator is the total obtained by adding the number of years that each of the survivors so cohabited with the judge.

  • Marginal note:Years

    (3) In determining a number of years for the purpose of subsection (2), a part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less.

  • Marginal note:Waiver

    (4) A survivor is not entitled to receive an annuity under section 44 or this section if the survivor has waived his or her entitlement to the annuity under an agreement entered into in accordance with applicable provincial law.

  • 2000, c. 12, s. 163.
Marginal note:Election for former judges
  •  (1) Subject to the regulations, a judge to whom an annuity has been granted may elect to reduce his or her annuity so that an annuity may be paid to a person who, at the time of the election, is the spouse or common-law partner of the judge but to whom an annuity under section 44 may not be granted.

  • Marginal note:Reduction of annuity

    (2) If a judge makes the election, the amount of the annuity granted to the judge shall be reduced in accordance with the regulations, but the combined actuarial present value of the reduced annuity and the annuity that would be granted to the spouse or common-law partner under subsection (3) may not be less than the actuarial present value of the annuity granted to the judge immediately before the reduction is made.

  • Marginal note:Payment to person in respect of whom election is made

    (3) When the judge dies, the Governor in Council shall grant to a spouse or common-law partner in respect of whom an election was made an annuity in an amount determined in accordance with the election, subsection (2) and the regulations.

  • Marginal note:Death within one year after election

    (3.1) Despite anything in this section, when a judge dies within one year after making the election, the election is deemed not to have been made and the amount representing the reduction that was made in the amount of the judge’s annuity under subsection (2) shall be repaid to the judge’s estate or succession, together with interest 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:Regulations

    (4) The Governor in Council may make regulations respecting

    • (a) the time, manner and circumstances in which an election is made, is deemed to have been made or is deemed not to have been made, is revoked or is deemed to have been revoked, or ceases to have effect, and the retroactive application of that making, revocation or cessation;

    • (b) the reduction to be made in the amount of a judge’s annuity when an election is made;

    • (c) the amount of the annuity to be paid under subsection (3);

    • (d) the time, manner and circumstances in which a reduction of a judge’s annuity may be returned and interest may be paid; and

    • (e) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of this section.

  • 2000, c. 12, s. 163;
  • 2001, c. 7, s. 24.

 [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.
 
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