Enhanced Survivor Annuity Regulations

4 (1) Proof of age of the judge’s spouse or common-law partner is established by a birth certificate issued by a civil authority.

(2) If a birth certificate cannot be obtained, proof of age of the judge’s spouse or common-law partner is established by

• (a) a statutory declaration by the spouse or common-law partner attesting to his or her date of birth and explaining why the birth certificate cannot be obtained; and

• (b) a document

  • (i) that was made within five years after the date of birth of the spouse or common-law partner that indicates his or her name and date of birth or age, or

  • (ii) that was made at least 20 years before the day on which the election was made that indicates the date of birth of the spouse or common-law partner, accompanied by a statutory declaration in which a person, other than the judge or the judge’s spouse or common-law partner, attests that the date stated in the document is correct.

(3) If a document or statutory declaration required under paragraph (2)(b) cannot be obtained, the statutory declaration required under paragraph (2)(a) shall set out the reasons why it cannot be obtained.