Judges Act

Version of section 40 from 2008-04-04 to 2017-06-21:

Marginal note:Removal allowance
  •  (1) A removal allowance shall be paid to

    • (a) a person who is appointed a judge of a superior court and who, for the purposes of assuming the functions and duties of that office, is required to move from his or her place of residence to a place outside the immediate vicinity of the place where the person resided at the time of the appointment;

    • (b) a judge of a superior court who, during tenure and for the purposes of performing the functions and duties of that office, is required to change the place of residence of the judge to a place other than that at which or in the immediate vicinity of which the judge was required to reside immediately before being required to change the place of residence of that judge;

    • (c) a judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice who moves to a place of residence in one of the ten provinces or in another territory during the period of two years

      • (i) beginning two years before the judge’s date of eligibility to retire, or

      • (ii) if no removal allowance is paid in respect of a move made during the period described in subparagraph (i), beginning on the judge’s date of retirement or resignation from office;

    • (d) a survivor or child, as defined in subsection 47(1), of a judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice who dies while holding office as such, where the survivor or child lives with the judge at the time of the judge’s death and, within two years after the death, moves to a place of residence in one of the ten provinces or to another territory;

    • (e) a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada who moves to a place of residence in Canada outside the area within which the judge was required to reside by the Act establishing that Court, during the period of two years

      • (i) beginning two years before the judge’s date of eligibility to retire, or

      • (ii) if no removal allowance is paid in respect of a move made during the period described in subparagraph (i), beginning on the judge’s date of retirement or resignation from office; and

    • (f) a survivor or child, as defined in subsection 47(1), of a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada who dies while holding office as such, if the survivor or child lives with the judge at the time of the judge’s death and, within two years after the death, moves to a place of residence in Canada outside the area within which the judge was required to reside by the Act establishing that Court.

  • Marginal note:Limitation

    (1.1) Paragraphs (1)(c) and (d) apply only in respect of a judge who resided in one of the ten provinces or in another territory at the time of appointment to the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, as the case may be.

  • Marginal note:Limitation

    (1.2) Paragraphs (1)(e) and (f) apply only in respect of a judge who, at the time of appointment to the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be, resided outside the area within which the judge was required to reside by the Act establishing that Court.

  • Marginal note:Idem

    (2) A removal allowance referred to in subsection (1) shall be paid for moving and other expenses of such kinds as are prescribed by or under the authority of the Governor in Council and on such terms and conditions as are so prescribed.

  • Marginal note:Expenses of spouse or common-law partner

    (2.1) Where a removal allowance is payable to a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada under paragraph (1)(a), an employment assistance allowance shall be paid to the judge’s spouse or common-law partner up to a maximum of $5,000 for expenses actually incurred by the spouse or common-law partner in pursuing employment in the judge’s new place of residence.

  • R.S., 1985, c. J-1, s. 40;
  • R.S., 1985, c. 50 (1st Supp.), s. 6;
  • 1989, c. 8, s. 11;
  • 1992, c. 51, s. 16;
  • 1999, c. 3, s. 75;
  • 2000, c. 12, s. 160;
  • 2002, c. 7, s. 193, c. 8, s. 93;
  • 2006, c. 11, s. 9.
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