Judges Act

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.

• 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) If a judge of a superior or county court 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• (6) [Repealed, 2000, c. 12, s. 165]