GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Judges Act — J-1 44
Annuity for surviving spouse 44 (1) Subject to this section, if a judge of a superior court while holding office died or dies after July 10, 1955, the survivor of the judge shall be paid, commencing on July 18, 1983 or immediately after the death of the judge, whichever is later, and continuing during the life of the survivor, an annuity equal to one third of (a) the salary of the judge at the date of the death of the judge, or (b) the salary annexed, at the date of death, to the office previously held by the judge of chief justice, senior associate chief justice or associate chief justice, if one of subsections 43(1), (1.1), (2), (2.1) or (2.2) would have applied to the judge if he or she had resigned, been removed or attained the age of retirement, on the day of death. Judge receiving annuity (2) Subject to this section, if a judge who, before, on or after July 11, 1955, was granted or paid a pension or annuity under this Act or any other Act of Parliament providing for pensions or annuities to be granted or paid to judges, died or dies after July 10, 1955, the survivor of the judge shall be paid (a) an annuity equal to one half of the pension or annuity granted or paid to the judge, commencing on July 18, 1983 or immediately after the death of the judge, whichever is later, and continuing during the life of the survivor; or (b) if a division of the judge’s annuity benefits has been made under section 52.14, an annuity equal to one half of the annuity that would have been granted or paid to the judge had the annuity benefits not been divided, commencing immediately after the death of the judge and continuing during the life of the survivor. Prothonotaries (3) No annuity shall be paid under this section to the survivor of a prothonotary of the Federal Court if the prothonotary ceased to hold the office of prothonotary before the day on which this subsection comes into force. Limitation on annuity for survivor (4) No annuity shall be paid under this section to the survivor of a judge if the survivor became the spouse or began to cohabit with the judge in a conjugal relationship after the judge ceased to hold office. (5) and (6) [Repealed, R.S., 1985, c. 39 (3rd Supp.), s. 2] R.S., 1985, c. J-1, s. 44; R.S., 1985, c. 39 (3rd Supp.), s. 2; 1992, c. 51, s. 20; 1996, c. 30, s. 3; 2000, c. 12, ss. 162, 169; 2001, c. 7, s. 22; 2002, c. 8, s. 97; 2006, c. 11, s. 13; 2014, c. 39, s. 324; 2017, c. 20, s. 222 2017, c. 33, s. 242
Judges Act — J-1 44.01
Election for enhanced annuity for survivor 44.01 (1) Subject to the regulations, a judge may elect to have the annuity to be paid to his or her survivor increased so that it is calculated as if the reference to “one half” in subsection 44(2) were read as a reference to “60%” or “75%”. Reduction of annuity (2) If a judge makes the election, the amount of the annuity granted or paid to the judge shall be reduced in accordance with the regulations as of the date the election takes effect, but the combined actuarial present value of the reduced annuity and the annuity that would be paid to the survivor must not be less than the combined actuarial present value of the annuity granted or paid to the judge and the annuity that would be paid to the survivor, immediately before the reduction is made. Election to take effect at time of retirement (3) Subject to subsection (6), an election under this section takes effect on the date that the judge ceases to hold office. Death within one year after election (4) Despite anything in this section, when a judge dies within one year after the election takes effect, the annuity payable to the survivor remains that payable under subsection 44(2) 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. Regulations (5) 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 the election is made; (c) the calculation of the amount of the annuity to be paid to the judge and the survivor under subsection (2); (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. Transitional (6) A judge who is in receipt of an annuity on the day on which this section comes into force may make his or her election in accordance with the regulations, and the election takes effect on the day this section comes into force. Limitation on annuity to survivor (7) Despite anything in this section, no election may be made under this section for the benefit of a spouse or common-law partner of a judge unless that person was the spouse or common-law partner at the date the judge ceased to hold office. 2001, c. 7, s. 23 2017, c. 33, s. 243
Judges Act — J-1 44.1
Annuity to be prorated between the two survivors 44.1 (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. 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. 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. 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
Judges Act — J-1 44.2
Election for former judges 44.2 (1) Subject to the regulations, a judge to whom an annuity has been granted or paid 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 must not be paid. Reduction of annuity (2) If a judge makes the election, the amount of the annuity granted or paid 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 paid to the spouse or common-law partner under subsection (3) must not be less than the actuarial present value of the annuity granted or paid to the judge immediately before the reduction is made. Payment to person in respect of whom election is made (3) When the judge dies, the spouse or common-law partner in respect of whom an election was made shall be paid an annuity in an amount determined in accordance with the election, subsection (2) and the regulations. 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. 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 2017, c. 33, s. 244
Judges Act — J-1 45 and 46
45 and 46 [Repealed, 1992, c. 51, s. 21]
Judges Act — J-1 46.1
Lump sum payment 46.1 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
Judges Act — J-1 47
Definition of child 47 (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. 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. Annuity for surviving children (3) If a judge of a superior or county court dies while holding office, or a judge who was granted or paid an annuity after October 5, 1971 dies, an annuity shall be paid to each surviving child of that judge as provided in subsections (4) and (5). Annuity for children if survivor (4) Each child of a judge described in subsection (3) shall be paid (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). 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 2017, c. 33, s. 246
Judges Act — J-1 48
Apportionment of annuities among surviving children 48 (1) If, 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 paid, the total amount of the annuities paid shall be apportioned among the children in the shares that the Minister considers just and proper under the circumstances. Children’s annuities, to whom paid (2) If an annuity under this Act is paid to a child of a judge, payment shall, if the child is less than 18 years of age, be made to the person having the custody and control of the child or, if there is no person having the custody and control of the child, to any person that the Minister directs and, for the purposes of this subsection, the survivor of the judge, except if 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 2017, c. 33, s. 247 2023, c. 18, s. 13
Judges Act — J-1 49
Payment of certain taxes out of C.R.F. 49 The Governor in Council may make regulations providing for the payment out of the Consolidated Revenue Fund, on the payment 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 the 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 the annuity in that case shall be reduced. R.S., 1985, c. J-1, s. 49; 2000, c. 12, s. 169 2017, c. 33, s. 248(E)
Judges Act — J-1 50
Judges appointed before February 17, 1975 50 (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. 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. 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. 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. 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. 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 an associate judge. 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 2022, c. 10, s. 361 2022, c. 10, s. 371
Judges Act — J-1 52
Diversion of payments to satisfy financial support order 52 (1) If a court in Canada of competent jurisdiction has made an order requiring a recipient of an annuity or other amount payable under section 42, 43, 43.1, 44, 44.1 or 44.2 or 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 . 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. R.S., 1985, c. J-1, s. 52; 2000, c. 12, s. 167; 2017, c. 20, s. 224
Judges Act — J-1 52.1
Definitions 52.1 The following definitions apply in this section and in sections 52.11 to 52.22 . agreement means an agreement referred to in subparagraph 52.11 (2)(b)(ii). ( accord ) annuity means an annuity payable under section 42 , 43 or 43.1 . ( 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 . ( prestation de pension ) application means an application made under subsection 52.11 (1). ( demande ) court order means an order referred to in paragraph 52.11 (2)(a) or subparagraph 52.11 (2)(b)(i). ( ordonnance ) 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. ( intéressé ) judge includes a former judge who has been granted or paid an annuity. ( juge ) Minister [Repealed, 2023, c. 18, s. 3] prescribed means prescribed by regulation. ( Version anglaise seulement ) spouse , in relation to a judge, includes a person who is a party to a void marriage with the judge. ( époux ) 2006, c. 11, s. 15 2017, c. 33, s. 250(E) 2023, c. 18, s. 3
Judges Act — J-1
agreement means an agreement referred to in subparagraph 52.11 (2)(b)(ii). ( accord )
Judges Act — J-1
annuity means an annuity payable under section 42 , 43 or 43.1 . ( pension )
Judges Act — J-1
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 . ( prestation de pension )
Judges Act — J-1
application means an application made under subsection 52.11 (1). ( demande )
Judges Act — J-1
court order means an order referred to in paragraph 52.11 (2)(a) or subparagraph 52.11 (2)(b)(i). ( ordonnance )
Judges Act — J-1
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. ( intéressé )
Judges Act — J-1
judge includes a former judge who has been granted or paid an annuity. ( juge )
Judges Act — J-1
prescribed means prescribed by regulation. ( Version anglaise seulement )
Judges Act — J-1
spouse , in relation to a judge, includes a person who is a party to a void marriage with the judge. ( époux )
Judges Act — J-1 52.11
Application for division 52.11 (1) A judge or a spouse, former spouse or former common-law partner of a judge may, in the circumstances described in subsection (2), apply in accordance with the regulations for the division of the judge’s annuity benefits between the judge and the spouse, former spouse or former common-law partner. When application may be made (2) An application may be made under the following circumstances: (a) where a court of competent jurisdiction in Canada, in proceedings in relation to divorce, annulment of marriage or separation, has made an order that provides for the annuity benefits to be divided between the interested parties; or (b) where the interested parties have been living separate and apart for a period of one year or more and, either before or after they began to live separate and apart, (i) a court of competent jurisdiction in Canada has made an order that provides for the annuity benefits to be divided between them, or (ii) the interested parties have entered into a written agreement that provides for the annuity benefits to be divided between them. Notice to interested parties (3) The Minister shall send to each interested party in accordance with the regulations a notice of the receipt of an application. 2006, c. 11, s. 15
Judges Act — J-1 52.12
Objections by interested parties 52.12 (1) An interested party who objects to the division of annuity benefits on any of the grounds described in subsection (2) may submit a notice of objection in writing in accordance with the regulations within 90 days after the day on which notice of the receipt of the application is sent to the interested party under subsection 52.11(3). Grounds for objection (2) The grounds for objection are as follows: (a) the court order or agreement on which the application is based has been varied or is of no force or effect; (b) the terms of the court order or agreement have been or are being satisfied by other means; or (c) proceedings have been commenced in a court of competent jurisdiction in Canada to appeal or review the court order or challenge the terms of the agreement. Documentary evidence (3) An interested party who submits a notice of objection shall include with that notice documentary evidence to establish the grounds for objection. 2006, c. 11, s. 15
Judges Act — J-1 52.13
Approval of division 52.13 (1) Subject to subsections (2) and (3), the Minister shall, as soon as is practicable after the Minister is satisfied that an application meets the requirements of this Act, approve the division of annuity benefits in respect of which the application is made. When decision to be deferred (2) When an interested party submits a notice of objection in accordance with section 52.12 , the Minister shall (a) if the objection is made on the grounds referred to in paragraph 52.12 (2)(a) or (b), defer a decision on the application until the Minister is able to ascertain to his or her satisfaction whether those grounds have been established; and (b) if the objection is made on the grounds referred to in paragraph 52.12 (2)(c), defer a decision on the application until the final disposition of the proceedings on which those grounds are based. Refusal of division (3) The Minister shall refuse to approve the division of annuity benefits if (a) the application is withdrawn in accord­ance with the regulations; (b) a notice of objection has been submitted on grounds referred to in paragraph 52.12 (2)(a) or (b) and the Minister is satisfied that those grounds have been established and constitute sufficient reason to refuse the division; (c) a notice of objection has been submitted on grounds referred to in paragraph 52.12 (2)(c) and the court order or agreement is of no force or effect as a result of the proceedings referred to in that paragraph; (d) the period of cohabitation of the judge and the spouse, former spouse or former common-law partner cannot be determined under subsection 52.14 (6); or (e) the Minister is satisfied, based on evidence submitted by any person, that it would not be just to approve the division. Exception (4) Notwithstanding subsection (3), the Minister may approve the division of annuity benefits on the basis of an order of a court issued pursuant to any proceedings referred to in paragraph 52.12 (2)(c). Transitional (5) The Minister may approve the division of the annuity benefits even though the court order or agreement on which the application is based was made or entered into before the day on which subsection 52.11 (1) comes into force. 2006, c. 11, s. 15