Judges Act (Removal Allowance) Order

3 (1) For the purpose of subsection 40(2) of the Act, the following expenses are hereby prescribed to be the kinds of moving and other expenses for which a removal allowance shall be paid under section 40 of the Act:

• (a) travelling costs, including amounts expended for meals and lodging, incurred in the course of moving the judge, a member of the judge’s household, or the judge’s survivor or child, from the former residence to the new residence;

• (b) costs incurred in transporting or storing household effects of the judge, a member of the judge’s household, or the judge’s survivor or child in the course of moving from the former residence to the new residence;

• (c) amounts expended for meals and lodging for a member of the judge’s household or the judge’s survivor or child during any temporary stay near the former residence or the new residence, not exceeding in the aggregate 30 days, or such longer period the Minister of Justice determines, taking into account market conditions and the special needs of the family;

• (d) the cost of cancelling any lease of the former residence;

• (e) the selling costs incurred in respect of the sale of the former residence;

• (f) the cost of legal services in respect of the purchase of the new residence and of any taxes imposed on the transfer or registration of title to the new residence;

• (g) child-care expenses incurred while the judge and the judge’s spouse or common-law partner, or the judge’s survivor are away looking for a new residence;

• (h) where the interest charges on the mortgage for the new residence are higher than the interest charges on the mortgage for the former residence, the difference between those charges up to a maximum of $5,000 per year for a maximum of five years;

• (i) the cost of a mortgage default insurance premium and of an insurance processing fee where

  • (i) the judge, the judge’s spouse or common-law partner, or the judge and the judge’s spouse or common-law partner, or the survivor or child, or the estate or succession of the judge owned the former residence,

  • (ii) the equity of the judge, the judge’s spouse or common-law partner, or the judge and the judge’s spouse or common-law partner, or the survivor or child, or the estate or succession on their behalf, in the former residence is transferred to the new residence,

  • (iii) the equity of the judge, the judge’s spouse or common-law partner, or the judge and the judge’s spouse or common-law partner, or the survivor in the new residence is less than 25 per cent of the cost of the new residence, and

  • (iv) the premium is levied in one payment;

• (j) the cost to the judge or the judge’s spouse, common-law partner, survivor or child of maintaining the former residence, minus any rent received in respect of it, for a period of not more than six months after the date the judge vacates the residence, including amounts expended for mortgage interest payments, insurance, property taxes and heating; and

• (k) where a judge is required to move to a new place of residence on appointment or transfer, the travelling and lodging costs, including amounts expended for meals, incurred by the judge before the establishment of the permanent new residence or in order to visit from time to time members of the judge’s household still resident in the former residence, within the six-month period after the judge’s appointment or transfer.

(2) Where, on account of unfavourable conditions in the real estate market, the judge’s former residence cannot be sold within the six month period referred to in paragraph (1)(j) or (k), the Governor in Council may prescribe such an additional period as is reasonable in the circumstances.

(3) For greater certainty, the travelling costs referred to in paragraph (1)(a) do not include those incurred by the judge after the establishment of the judge in the new residence during one of the periods referred to in subparagraph (b)(i) of the definition new residence in section 2 or those incurred by the judge in order to visit from time to time members of the judge’s household during one of those periods.