Annuities Payable to Survivors and Children of Judges Regulations — 2
2 (1) In these Regulations, Act means the Judges Act ; ( loi ) Minister means the Minister of Justice of Canada. ( ministre ) (2) For the purposes of the Act, full time attendance at a school or university as applied to a child of a judge means full time attendance at a school, college, university or other educational institution that provides training or instruction of an educational, professional, vocational or technical nature and a child of a judge is considered to be or to have been in full time attendance at a school or university substantially without interruption (a) during an absence by reason of a scholastic vacation (i) if immediately after that vacation the child begins or resumes full time attendance at a school or university in the next ensuing academic year, (ii) where the child cannot comply with subparagraph (i) by reason of illness or any other physical, mental or emotional condition, if the child begins or resumes full time attendance at a school or university at any time during the academic year immediately following that vacation, or (iii) where the child cannot comply with subparagraph (ii), if the child begins or resumes such full time attendance in the academic year immediately following that mentioned in subparagraph (i); and (b) during an absence occurring in an academic year by reason of illness or any other physical, mental or emotional condition, if immediately after that absence the child begins or resumes full time attendance at a school or university in that academic year or in the next ensuing academic year. (3) Where the absence by reason of illness of a child of a judge commences after the child has begun an academic year and where, by reason of that illness or any other physical, mental or emotional condition, it is not possible for the child to resume full time attendance at a school or university, the child is, despite paragraph (2)(b), considered to have been in full time attendance, substantially without interruption, at a school or university until the end of that academic year. (4) Where the death of a child of a judge occurred while the child was absent from school or university by reason of illness or any other physical, mental or emotional condition, the child is, despite subsection (2), considered to have been in full time attendance, substantially without interruption, at a school or university (a) until the child’s death, where it occurred during the academic year in which the absence commenced; or (b) until the end of the academic year in which the child’s absence commenced, where the death occurred after the end of that academic year. (5) Where a child of a judge ceases to be a child as defined in paragraph 47(1)(b) of the Act, while the child is absent during an academic year by reason of illness or any other physical, mental or emotional condition or during a scholastic vacation, the child is, despite subsection (2), considered to have been in full time attendance at a school or university substantially without interruption until the child ceased to be a child if, immediately after that absence, (a) in the case of an absence by reason of illness or any other physical, mental or emotional condition the child begins or resumes such full time attendance at a school or university in that academic year or in the next ensuing academic year; and (b) in the case of an absence by reason of scholastic vacation, the child begins or resumes such full time attendance at a school or university in the academic year immediately following that vacation. SOR/2003-276, s. 3