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Judges Act

Version of section 47 from 2019-04-12 to 2024-02-06:


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 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).

  • Marginal note: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).

  • 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  • (6) [Repealed, 2000, c. 12, s. 165]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
  • 2017, c. 33, s. 246

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