Judges Act

Marginal note:Regulations

52.22 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.