1The following definitions apply in this Act.
“Account” means the Provincial Court Judges’ Pension Trust Account referred to in subsection 6(1).(Compte)
“active judge” means a judge who has not retired, resigned or been removed from office as a judge and who is not being paid a disability benefit.(juge actif)
“actuarial equivalent” means, in relation to a given benefit and an alternative benefit, the amount of the alternative benefit, in the required form, that is considered by the actuary appointed for the Plan by the Minister to be equal in value to the given benefit, on the basis of the actuarial assumptions and other appropriate factors that may be adopted from time to time by the Minister on the advice of the actuary.(équivalent actuariel)
“annual pension” means an annual pension described in section 10, a deferred pension, a disability pension and an annual pension paid under section 13, 14 or 16.(pension annuelle)
“average salary” means the highest average annual salary received by a judge as an active judge, calculated for any period of 36 successive months during which the judge was an active judge. (traitement moyen)
“benefit” means, unless otherwise indicated, an annual pension, a surviving spouse’s pension, a surviving common-law partner’s pension or a dependent children’s pension paid to a judge or a judge’s spouse, common-law partner, dependent child or estate or the legal representative of any of them, a supplementary allowance or supplementary payment under Part 4, a disability benefit, a monthly instalment paid under section 30 and a return of contributions, but does not include a payment referred to in subsection 23(4).(prestation)
“child” means a child of a judge and includes a natural child, a stepchild and an adopted child. (enfant)
“common-law partner” means
(conjoint de fait)
(a)
in the case of the death of a judge,
(i)
subject to subparagraph (ii), if the judge was not being paid an annual pension on the date of the judge’s death, a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge on the date of the judge’s death and was cohabiting in a conjugal relationship with the judge for a continuous period of at least two years immediately before the judge’s death;
(ii)
if the judge was not being paid an annual pension on the date of the judge’s death because his or her entitlement to the pension was suspended under section 31, a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge on the date when the annual pension began to be paid and on the date of the judge’s death and was cohabiting in a conjugal relationship with the judge for a continuous period of at least two years immediately before the date when the annual pension began to be paid; or
(iii)
if the judge was being paid an annual pension on the date of the judge’s death, a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge on the date when the annual pension began to be paid and on the date of the judge’s death and was cohabiting in a conjugal relationship with the judge for a continuous period of at least two years immediately before the date when the annual pension began to be paid; or
(b)
in the case of a division of a benefit under section 28, a person who, not being married to a judge, was cohabiting in a conjugal relationship with the judge for a continuous period of at least two years immediately before the date of the breakdown of their common-law partnership.
“common-law partnership” means the relationship between a judge and his or her common-law partner.(union de fait)
“deferred pension” means a pension described in section 17.(pension différée)
“dependent child” means a child of a judge who survives the judge, is dependent on the judge for support on the date of the judge’s death and
(enfant à charge)
(a)
is under 19 years of age and will not be 19 years of age in the calendar year in which the judge dies,
(b)
is under 25 years of age, will not be 25 years of age in the calendar year in which the judge dies and is in full-time attendance at an educational institution, or
(c)
is, on the date of the judge’s death, dependent on the judge for support because of mental or physical infirmity.
“dependent children’s pension” means a pension described in section 12.(pension d’enfants à charge)
“disability benefit” means a disability benefit described in subsection 22(1).(prestation d’invalidité)
“disability pension” means a pension described in section 15.(pension d’invalidité)
“disabled” means, in relation to a judge, suffering from a physical or mental impairment that prevents the judge from performing the duties of the position or office of judge, in which the judge was engaged before the beginning of the impairment, as determined by the Minister after considering the written opinion of the medical practitioner or practitioners that the Minister considers appropriate. (invalide)
“Fund” means the Provincial Court Judges’ Pension Trust Fund referred to in subsection 6(2).(Caisse)
“inactive judge” means a judge who has retired, resigned or been removed from office as a judge or is being paid a disability benefit.(juge inactif)
“interest” means interest calculated and credited in accordance with the regulations, at the rate established by regulation.(intérêt)
“judge” means an active or an inactive judge appointed under subsection 2(1) of the Provincial Court Act and includes a chief judge and an associate chief judge appointed under that Act. (juge)
“Minister” means the Minister of Finance and Treasury Board and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“pensionable service” means, subject to subsections 7(2) and (4) and unless otherwise indicated in this Act or the regulations, any period of service to the credit of a judge as an active judge under this Act that may be used in the calculation of a benefit, if the judge has received remuneration for that period in accordance with subparagraph 8503(3)(a)(i) of the Income Tax Regulations under the Income Tax Act (Canada), and includes any period of leave of absence during or respecting which the judge has made contributions under subsection 7(1) and, if applicable, any period of service to the credit of the judge as an active judge under the Provincial Court Act that may be used in calculating a benefit if the judge has received remuneration for any period in accordance with subparagraph 8503(3)(a)(i) of the Income Tax Regulations under the Income Tax Act (Canada). (service ouvrant droit à pension)
“Plan” means the Provincial Court Judges’ Pension Plan established in this Act. (Régime)
“plan governor” means the person who has the overall responsibility for the Plan.(responsable de la gouvernance du régime)
“removed from office as a judge” means removed from office as a judge by Order in Council, whether or not all opportunities for appeal have been exhausted.(démis de ses fonctions de juge)
“retire” includes, unless otherwise indicated, to resign or to be removed from office as a judge, but does not include to become disabled and be paid a disability benefit.(prendre sa retraite)
“return of contributions” means a return of contributions, together with interest, described in section 9 or 41. (remboursement de cotisations)
“salary” means the compensation received by a judge for the performance of the regular duties of the position or office of an active judge.(traitement)
“supplementary payment” means a supplementary payment out of the Consolidated Fund under subsection 23(2).(versement supplémentaire)
“surviving common-law partner’s pension” means a pension described in section 11.(pension de conjoint de fait survivant)
“surviving spouse’s pension” means a pension described in section 11.(pension de conjoint survivant)
2000, c.P-21.1, s.1; 2006, c.17, s.1; 2008, c.45, s.28; 2016, c.37, s.156; 2019, c.29, s.128