Judges Act (Removal Allowance) Order (C.R.C., c. 984)

Regulations are current to 2019-05-07 and last amended on 2008-04-04. Previous Versions

Home Sale Assistance

  •  (1) For the purposes of this section,

    appraisal report

    appraisal report means the form entitled Appraisal Report Home Ownership Units that is used by the Appraisal Institute of Canada and that is on file with the Minister of Justice; (rapport d’évaluation)

    appraiser

    appraiser means a person who is a member in good standing of

    • (a) the Appraisal Institute of Canada or of an institute or society of appraisers that has entered into an agreement with the Appraisal Institute of Canada permitting the use by that institute’s or society’s members of the designation “Accredited Appraiser Canadian Institute” and, in either case, who holds the designation of “Accredited Appraiser Canadian Institute”, or

    • (b) La Corporation professionnelle des évaluateurs agréés du Québec and who holds the designation of évaluateur agréé. (évaluateur)

  • (2) For the purposes of subsection 40(2) of the Act, and subject to this section, where a judge or a judge’s spouse or common-law partner, survivor or child, or the estate or succession on their behalf, is unable to sell the judge’s former residence at a price that is equal to or greater than the fair market value, determined in accordance with this section, the difference between the sale price of the former residence and its fair market value is hereby prescribed to be an expense for which a removal allowance shall be paid under section 40 of the Act.

  • (3) The removal allowance referred to in subsection (2) shall not be greater than 10 per cent of the fair market value of the former residence, determined in accordance with this section, and in no case shall the sum of the removal allowance and the sale price of the former residence be greater than the fair market value.

  • (4) In order to determine the fair market value of the former residence, at the request of the person, estate or succession referred to in subsection (2), two appraisers shall be appointed, one by that person or that estate or succession, and one by the Minister of Justice, each to carry out a market appraisal to submit to the Minister and to that person or estate or succession an appraisal report of the former residence.

  • (5) Where the difference between the market appraisals carried out pursuant to subsection (4) is

    • (a) less than or equal to five per cent of the higher market appraisal, the fair market value shall be the average of the two market appraisals, and

    • (b) more than five per cent of the higher market appraisal, another appraiser shall be appointed by the Minister of Justice to carry out a third market appraisal and to submit to the Minister of Justice and to the person, estate or succession referred to in subsection (2) an appraisal report of the former residence.

  • (6) Where the difference between the third market appraisal carried out pursuant to paragraph 5(b) and the first two appraisals is

    • (a) less than or equal to five per cent of one of the first two market appraisals, which percentage is based on the higher of the market appraisals being compared at a time, the fair market value of the former residence shall be the average of the two market appraisals that are within five per cent of each other,

    • (b) less than or equal to five per cent of each of the first two appraisals, which percentage is based on the higher of the market appraisals being compared at a time, the fair market value of the former residence shall be the average of all of the market appraisals carried out, and

    • (c) more than five per cent of each of the first two market appraisals, which percentage is based on the higher of the two appraisals being compared at a time, the fair market value of the former residence shall be the average or median, whichever is the greater, of all of the market appraisals carried out.

  • (7) When the fair market value of the former residence has been determined in accordance with this section, the Minister of Justice shall, in writing, advise thereof the person, estate or succession referred to in subsection (2).

  • (8) No removal allowance shall be paid to a person, estate or succession referred to in subsection (2) where the former residence is not sold within six months after the day on which they receive written notice from the Minister of Justice advising of the fair market value of the former residence.

  • (9) Where, on account of unfavourable conditions in the real estate market, a person, estate or succession referred to in subsection (2) who is entitled to a removal allowance under section 40 of the Act has not been able to sell the former residence within the six-month period referred to in subsection (8), the Governor in Council may prescribe such additional period as is reasonable in the circumstances in respect of which they may sell the former residence and be eligible to receive a removal allowance pursuant to subsection (2).

  • SI/90-4, s. 1
  • SI/91-16, s. 4
  • SI/2003-143, s. 6

Terms and Conditions of Allowance Payments

 A judge, judge’s survivor or child who makes a claim for the payment of a removal allowance under section 40 of the Act shall provide the Minister of Justice with receipts evidencing the expenses in respect of which the claim is made and any other documents that the Minister may require to enable the Minister to authorize the payment of the claim under section 5.

  • SI/2003-143, s. 7

 The Minister of Justice shall authorize the payment of a claim for a removal allowance where the Minister receives the claim and is satisfied that the expenses in respect of which the claim is made

  • (a) are the kinds of expenses prescribed by sections 3, 3.1 and 3.2,

  • (b) have actually been incurred by the judge, a member of the judge’s household, or the judge’s survivor or child;

  • (c) are reasonable in the circumstances, and

  • (d) are not payable to the judge or the judge’s survivor or child under any provision of the Act except section 40.

  • SI/79-130, s. 3
  • SI/90-4, s. 2
  • SI/2003-143, s. 8
 
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