Acts and Regulations

P-21.1 - Provincial Court Judges’ Pension Act

Full text
Definitions
1In this Act
“Account” means the Provincial Court Judges’ Pension Trust Account referred to in subsection 4(1);(Compte)
“active judge” means a judge who has not retired, resigned or been removed from office as a judge and 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 such actuarial assumptions and other appropriate factors as 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 8, a deferred pension, a disability pension and an annual pension paid under section 11, 12 or 14;(pension annuelle)
“average salary” means the highest average annual salary received by a judge as an active judge, calculated for any period of thirty-six 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 IV, a disability benefit, a monthly installment paid under section 28 and a return of contributions, but does not include a payment referred to in subsection 21(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 2 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 29, 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 2 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 2 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 26, 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 2 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 15;(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 nineteen and will not be nineteen in the calendar year during which the judge dies,
(b) is under twenty-five, will not be twenty-five in the calendar year during 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 10;(pension d’enfants à charge)
“disability benefit” means a disability benefit described in subsection 20(1);(prestation d’invalidité)
“disability pension” means a disability pension described in section 13;(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 a judge, in which the judge was engaged before the beginning of the impairment, as determined by the Minister after considering the written opinion of such medical practitioner or practitioners as the Minister considers appropriate; (invalide)
“Fund” means the Provincial Court Judges’ Pension Trust Fund referred to in subsection 4(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 President of Treasury Board and includes any person designated by the President to act on the President’s behalf;(Ministre)
“pensionable service” means, subject to subsections 5(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 5(1) and, where applicable, any period of service to the credit of the judge as an active judge or as an active magistrate under the County Magistrates Act, the Magistrates Courts Act or 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 7 or 38; (remboursement des 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)
“spouse” Repealed: 2008, c.45, s.28
“supplementary payment” means a supplementary payment out of the Consolidated Fund under subsection 21(2);(versement supplémentaire)
“surviving common-law partner’s pension” means a pension described in section 9;(pension de conjoint de fait survivant)
“surviving spouse’s pension” means a pension described in section 9.(pension de conjoint survivant)
2006, c.17, s.1; 2008, c.45, s.28; 2016, c.37, s.156
Definitions
1In this Act
“Account” means the Provincial Court Judges’ Pension Trust Account referred to in subsection 4(1);(Compte)
“active judge” means a judge who has not retired, resigned or been removed from office as a judge and 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 such actuarial assumptions and other appropriate factors as 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 8, a deferred pension, a disability pension and an annual pension paid under section 11, 12 or 14;(pension annuelle)
“average salary” means the highest average annual salary received by a judge as an active judge, calculated for any period of thirty-six 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 IV, a disability benefit, a monthly installment paid under section 28 and a return of contributions, but does not include a payment referred to in subsection 21(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 2 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 29, 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 2 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 2 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 26, 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 2 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 15;(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 nineteen and will not be nineteen in the calendar year during which the judge dies,
(b) is under twenty-five, will not be twenty-five in the calendar year during 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 10;(pension d’enfants à charge)
“disability benefit” means a disability benefit described in subsection 20(1);(prestation d’invalidité)
“disability pension” means a disability pension described in section 13;(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 a judge, in which the judge was engaged before the beginning of the impairment, as determined by the Minister after considering the written opinion of such medical practitioner or practitioners as the Minister considers appropriate; (invalide)
“Fund” means the Provincial Court Judges’ Pension Trust Fund referred to in subsection 4(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 includes anyone designated by the Minister to act on his or her behalf;(Ministre)
“pensionable service” means, subject to subsections 5(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 5(1) and, where applicable, any period of service to the credit of the judge as an active judge or as an active magistrate under the County Magistrates Act, the Magistrates Courts Act or 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 7 or 38; (remboursement des 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)
“spouse” Repealed: 2008, c.45, s.28
“supplementary payment” means a supplementary payment out of the Consolidated Fund under subsection 21(2);(versement supplémentaire)
“surviving common-law partner’s pension” means a pension described in section 9;(pension de conjoint de fait survivant)
“surviving spouse’s pension” means a pension described in section 9.(pension de conjoint survivant)
2006, c.17, s.1; 2008, c.45, s.28
Definitions
1In this Act
“Account” means the Provincial Court Judges’ Pension Trust Account referred to in subsection 4(1);(Compte)
“active judge” means a judge who has not retired, resigned or been removed from office as a judge and 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 such actuarial assumptions and other appropriate factors as 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 8, a deferred pension, a disability pension and an annual pension paid under section 11, 12 or 14;(pension annuelle)
“average salary” means the highest average annual salary received by a judge as an active judge, calculated for any period of thirty-six 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 IV, a disability benefit, a monthly installment paid under section 28 and a return of contributions, but does not include a payment referred to in subsection 21(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 2 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 29, 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 2 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 2 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 26, 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 2 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 15;(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 nineteen and will not be nineteen in the calendar year during which the judge dies,
(b) is under twenty-five, will not be twenty-five in the calendar year during 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 10;(pension d’enfants à charge)
“disability benefit” means a disability benefit described in subsection 20(1);(prestation d’invalidité)
“disability pension” means a disability pension described in section 13;(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 a judge, in which the judge was engaged before the beginning of the impairment, as determined by the Minister after considering the written opinion of such medical practitioner or practitioners as the Minister considers appropriate; (invalide)
“Fund” means the Provincial Court Judges’ Pension Trust Fund referred to in subsection 4(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 includes anyone designated by the Minister to act on his or her behalf;(Ministre)
“pensionable service” means, subject to subsections 5(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 5(1) and, where applicable, any period of service to the credit of the judge as an active judge or as an active magistrate under the County Magistrates Act, the Magistrates Courts Act or 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 7 or 38; (remboursement des 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)
“spouse” Repealed: 2008, c.45, s.28
“supplementary payment” means a supplementary payment out of the Consolidated Fund under subsection 21(2);(versement supplémentaire)
“surviving common-law partner’s pension” means a pension described in section 9;(pension de conjoint de fait survivant)
“surviving spouse’s pension” means a pension described in section 9.(pension de conjoint survivant)
2006, c.17, s.1; 2008, c.45, s.28
Definitions
1In this Act
“Account” means the Provincial Court Judges’ Pension Trust Account referred to in subsection 4(1);(Compte)
“active judge” means a judge who has not retired, resigned or been removed from office as a judge and 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 such actuarial assumptions and other appropriate factors as 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 8, a deferred pension, a disability pension and an annual pension paid under section 11, 12 or 14;(pension annuelle)
“average salary” means the highest average annual salary received by a judge as an active judge, calculated for any period of thirty-six 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 or a dependent children’s pension paid to a judge or a judge’s spouse, dependent child or estate or the legal representative of any of them, a supplementary allowance or supplementary payment under Part IV, a disability benefit, a monthly installment paid under section 28 and a return of contributions, but does not include a payment referred to in subsection 21(4);(prestation)
“child” means a child of a judge and includes a natural child, a stepchild and an adopted child; (enfant)
“deferred pension” means a pension described in section 15;(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 nineteen and will not be nineteen in the calendar year during which the judge dies,
(b) is under twenty-five, will not be twenty-five in the calendar year during 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 10;(pension d’enfants à charge)
“disability benefit” means a disability benefit described in subsection 20(1);(prestation d’invalidité)
“disability pension” means a disability pension described in section 13;(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 a judge, in which the judge was engaged before the beginning of the impairment, as determined by the Minister after considering the written opinion of such medical practitioner or practitioners as the Minister considers appropriate; (invalide)
“Fund” means the Provincial Court Judges’ Pension Trust Fund referred to in subsection 4(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 includes anyone designated by the Minister to act on his or her behalf;(Ministre)
“pensionable service” means, subject to subsections 5(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 5(1) and, where applicable, any period of service to the credit of the judge as an active judge or as an active magistrate under the County Magistrates Act, the Magistrates Courts Act or 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 7 or 38; (remboursement des 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)
“spouse” means a spouse as defined in the Income Tax Act (Canada), but, for the purposes of a void or voidable marriage, does not include a reference to any provision of that Act contained in that definition;(conjoint)
“supplementary payment” means a supplementary payment out of the Consolidated Fund under subsection 21(2);(versement supplémentaire)
“surviving spouse’s pension” means a pension described in section 9.(pension de conjoint survivant)
2006, c.17, s.1