Judges Act

Version of section 47 from 2002-12-31 to 2003-07-01:


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 to surviving children

    (3) Where, after October 5, 1971, a judge of a superior or county court or of the Tax Court of Canada dies while holding office, or a judge who was granted an annuity after October 5, 1971 dies, an annuity shall be granted to each surviving child of that judge as provided in subsections (4) to (6).

  • Marginal note:Annuity for children where survivor

    (4) The Governor in Council shall grant to each child of a judge described in subsection (3)

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  • (6) [Repealed, 2000, c. 12, s. 165]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