Acts and Regulations

P-21 - Provincial Court Act

Section 1
Disposition versions

Full text
Definitions and interpretation
1(1)In this Act
“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)
“associate chief judge” means the associate chief judge of the court;(juge en chef associé)
“benefit” means an annuity under section 15 and includes a return of contributions under section 17.11 and a payment out of the Consolidated Fund under subsection 23(4) of the Provincial Court Judges’ Pension Act;(prestation)
“business day” means a day other than a Saturday or a holiday as defined in the Interpretation Act;(jour ouvrable)
“chair” means the chair of the Judicial Council;(président)
“chairman” Repealed: 2022, c.19, s.1
“chief judge” means the chief judge of the court;(juge en chef)
“common-law partner” means(conjoint de fait)
(a) in the case of the death of a judge
(i) if the judge did not make an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge at the time 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; or
(ii) if the judge made an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge on the date when the judge’s reduced annuity began to be paid and at the time 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 judge’s reduced annuity began to be paid; or
(b) in the case of a division of a benefit under section 17.3, a person who, not being married to a judge or former judge, was cohabiting in a conjugal relationship with the judge or former 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)
“court” means the Provincial Court;(Cour)
“deputy judge” Repealed: 1987, c.45, s.1
“Family Day” means Family Day as defined in the Employment Standards Act;(jour de la Famille)
“holiday” means Saturday, Sunday, New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, New Brunswick Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any day appointed by any Statute in force in the Province or by Proclamation of the Governor-General or the Lieutenant-Governor as a general holiday within the Province and, whenever a holiday other than Saturday or Sunday falls on a Saturday or a Sunday, includes any day substituted for the holiday by the Province;(jour férié)
“judge” means a judge appointed under subsection 2(1) and includes a chief judge and an associate chief judge;(juge)
“Judicial Council” means the Judicial Council established under section 6.1;(Conseil de la magistrature)
“Minister” means the Minister of Justice and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“panel” Repealed: 2022, c.19, s.1
“Plan” means the pension plan established in this Act;(Régime)
“review committee” means a review committee appointed by the chair under this Act.(comité d’examen)
“spouse” Repealed: 2008, c.45, s.26
1(2)Where a reference is made in this Act to a person being, reaching or attaining a specified age or being under or over that age, the person shall be deemed to reach or to have reached the specified age at the beginning of the calendar month next following the calendar month in which he or she actually reached or will reach that age.
1969, c.17, s.1; 1970, c.41, s.1; 1980, c.43, s.1; 1985, c.66, s.1; 1987, c.45, s.1; 1995, c.6, s.1; 1997, c.56, s.3; 1998, c.35, s.3; 2000, c.P-21.1, s.39; 2000, c.6, s.1; 2003, c.19, s.1; 2006, c.16, s.144; 2008, c.45, s.26; 2012, c.39, s.118; 2016, c.37, s.154; 2017, c.38, s.5; 2018-70; 2019, c.2, s.118; 2020, c.25, s.90; 2022, c.19, s.1; 2022, c.28, s.43
Definitions and interpretation
1(1)In this Act
“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)
“associate chief judge” means the associate chief judge of the court;(juge en chef associé)
“benefit” means an annuity under section 15 and includes a return of contributions under section 17.11 and a payment out of the Consolidated Fund under subsection 23(4) of the Provincial Court Judges’ Pension Act;(prestation)
“chairman” means the chairman of the Judicial Council;(président)
“chief judge” means the chief judge of the court;(juge en chef)
“common-law partner” means(conjoint de fait)
(a) in the case of the death of a judge
(i) if the judge did not make an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge at the time 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; or
(ii) if the judge made an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge on the date when the judge’s reduced annuity began to be paid and at the time 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 judge’s reduced annuity began to be paid; or
(b) in the case of a division of a benefit under section 17.3, a person who, not being married to a judge or former judge, was cohabiting in a conjugal relationship with the judge or former 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)
“court” means the Provincial Court;(Cour)
“deputy judge” Repealed: 1987, c.45, s.1
“Family Day” means Family Day as defined in the Employment Standards Act;(jour de la Famille)
“holiday” means Saturday, Sunday, New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, New Brunswick Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any day appointed by any Statute in force in the Province or by Proclamation of the Governor-General or the Lieutenant-Governor as a general holiday within the Province and, whenever a holiday other than Saturday or Sunday falls on a Saturday or a Sunday, includes any day substituted for the holiday by the Province;(jour férié)
“judge” means a judge appointed under subsection 2(1) and includes a chief judge and an associate chief judge;(juge)
“Judicial Council” means the Judicial Council established under section 6.1;(Conseil de la magistrature)
“Minister” means the Minister of Justice and Public Safety and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“panel” means a panel appointed under subsection 6.9(1);(comité)
“Plan” means the pension plan established in this Act.(Régime)
“spouse” Repealed: 2008, c.45, s.26
1(2)Where a reference is made in this Act to a person being, reaching or attaining a specified age or being under or over that age, the person shall be deemed to reach or to have reached the specified age at the beginning of the calendar month next following the calendar month in which he or she actually reached or will reach that age.
1969, c.17, s.1; 1970, c.41, s.1; 1980, c.43, s.1; 1985, c.66, s.1; 1987, c.45, s.1; 1995, c.6, s.1; 1997, c.56, s.3; 1998, c.35, s.3; 2000, c.P-21.1, s.39; 2000, c.6, s.1; 2003, c.19, s.1; 2006, c.16, s.144; 2008, c.45, s.26; 2012, c.39, s.118; 2016, c.37, s.154; 2017, c.38, s.5; 2018-70; 2019, c.2, s.118; 2020, c.25, s.90
Definitions and interpretation
1(1)In this Act
“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)
“associate chief judge” means the associate chief judge of the court;(juge en chef associé)
“benefit” means an annuity under section 15 and includes a return of contributions under section 17.11 and a payment out of the Consolidated Fund under subsection 23(4) of the Provincial Court Judges’ Pension Act;(prestation)
“chairman” means the chairman of the Judicial Council;(président)
“chief judge” means the chief judge of the court;(juge en chef)
“common-law partner” means(conjoint de fait)
(a) in the case of the death of a judge
(i) if the judge did not make an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge at the time 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; or
(ii) if the judge made an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge on the date when the judge’s reduced annuity began to be paid and at the time 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 judge’s reduced annuity began to be paid; or
(b) in the case of a division of a benefit under section 17.3, a person who, not being married to a judge or former judge, was cohabiting in a conjugal relationship with the judge or former 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)
“court” means the Provincial Court;(Cour)
“deputy judge” Repealed: 1987, c.45, s.1
“Family Day” means Family Day as defined in the Employment Standards Act;(jour de la Famille)
“holiday” means Saturday, Sunday, New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, New Brunswick Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any day appointed by any Statute in force in the Province or by Proclamation of the Governor-General or the Lieutenant-Governor as a general holiday within the Province and, whenever a holiday other than Saturday or Sunday falls on a Saturday or a Sunday, includes any day substituted for the holiday by the Province;(jour férié)
“judge” means a judge appointed under subsection 2(1) and includes a chief judge and an associate chief judge;(juge)
“Judicial Council” means the Judicial Council established under section 6.1;(Conseil de la magistrature)
“Minister” means the Minister of Justice and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“panel” means a panel appointed under subsection 6.9(1);(comité)
“Plan” means the pension plan established in this Act.(Régime)
“spouse” Repealed: 2008, c.45, s.26
1(2)Where a reference is made in this Act to a person being, reaching or attaining a specified age or being under or over that age, the person shall be deemed to reach or to have reached the specified age at the beginning of the calendar month next following the calendar month in which he or she actually reached or will reach that age.
1969, c.17, s.1; 1970, c.41, s.1; 1980, c.43, s.1; 1985, c.66, s.1; 1987, c.45, s.1; 1995, c.6, s.1; 1997, c.56, s.3; 1998, c.35, s.3; 2000, c.P-21.1, s.39; 2000, c.6, s.1; 2003, c.19, s.1; 2006, c.16, s.144; 2008, c.45, s.26; 2012, c.39, s.118; 2016, c.37, s.154; 2017, c.38, s.5; 2018-70; 2019, c.2, s.118
Definitions and interpretation
1(1)In this Act
“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)
“associate chief judge” means the associate chief judge of the court;(juge en chef associé)
“benefit” means an annuity under section 15 and includes a return of contributions under section 17.11 and a payment out of the Consolidated Fund under subsection 23(4) of the Provincial Court Judges’ Pension Act;(prestation)
“chairman” means the chairman of the Judicial Council;(président)
“chief judge” means the chief judge of the court;(juge en chef)
“common-law partner” means(conjoint de fait)
(a) in the case of the death of a judge
(i) if the judge did not make an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge at the time 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; or
(ii) if the judge made an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge on the date when the judge’s reduced annuity began to be paid and at the time 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 judge’s reduced annuity began to be paid; or
(b) in the case of a division of a benefit under section 17.3, a person who, not being married to a judge or former judge, was cohabiting in a conjugal relationship with the judge or former 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)
“court” means the Provincial Court;(Cour)
“deputy judge” Repealed: 1987, c.45, s.1
“Family Day” means Family Day as defined in the Employment Standards Act;(jour de la Famille)
“holiday” means Saturday, Sunday, New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, New Brunswick Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any day appointed by any Statute in force in the Province or by Proclamation of the Governor-General or the Lieutenant-Governor as a general holiday within the Province and, whenever a holiday other than Saturday or Sunday falls on a Saturday or a Sunday, includes any day substituted for the holiday by the Province;(jour férié)
“judge” means a judge appointed under subsection 2(1) and includes a chief judge and an associate chief judge;(juge)
“Judicial Council” means the Judicial Council established under section 6.1;(Conseil de la magistrature)
“Minister” means the Minister of Justice and Public Safety and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“panel” means a panel appointed under subsection 6.9(1);(comité)
“Plan” means the pension plan established in this Act.(Régime)
“spouse” Repealed: 2008, c.45, s.26
1(2)Where a reference is made in this Act to a person being, reaching or attaining a specified age or being under or over that age, the person shall be deemed to reach or to have reached the specified age at the beginning of the calendar month next following the calendar month in which he or she actually reached or will reach that age.
1969, c.17, s.1; 1970, c.41, s.1; 1980, c.43, s.1; 1985, c.66, s.1; 1987, c.45, s.1; 1995, c.6, s.1; 1997, c.56, s.3; 1998, c.35, s.3; 2000, c.P-21.1, s.39; 2000, c.6, s.1; 2003, c.19, s.1; 2006, c.16, s.144; 2008, c.45, s.26; 2012, c.39, s.118; 2016, c.37, s.154; 2017, c.38, s.5; 2018-70
Definitions and interpretation
1(1)In this Act
“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)
“associate chief judge” means the associate chief judge of the court;(juge en chef associé)
“benefit” means an annuity under section 15 and includes a return of contributions under section 17.11 and a payment out of the Consolidated Fund under subsection 21(4) of the Provincial Court Judges’ Pension Act;(prestation)
“chairman” means the chairman of the Judicial Council;(président)
“chief judge” means the chief judge of the court;(juge en chef)
“common-law partner” means(conjoint de fait)
(a) in the case of the death of a judge
(i) if the judge did not make an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge at the time 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; or
(ii) if the judge made an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge on the date when the judge’s reduced annuity began to be paid and at the time 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 judge’s reduced annuity began to be paid; or
(b) in the case of a division of a benefit under section 17.3, a person who, not being married to a judge or former judge, was cohabiting in a conjugal relationship with the judge or former 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)
“court” means the Provincial Court;(Cour)
“deputy judge” Repealed: 1987, c.45, s.1
“Family Day” means Family Day as defined in the Employment Standards Act;(jour de la Famille)
“holiday” means Saturday, Sunday, New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, New Brunswick Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any day appointed by any Statute in force in the Province or by Proclamation of the Governor-General or the Lieutenant-Governor as a general holiday within the Province and, whenever a holiday other than Saturday or Sunday falls on a Saturday or a Sunday, includes any day substituted for the holiday by the Province;(jour férié)
“judge” means a judge appointed under subsection 2(1) and includes a chief judge and an associate chief judge;(juge)
“Judicial Council” means the Judicial Council established under section 6.1;(Conseil de la magistrature)
“Minister” means the Minister of Justice and Public Safety and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“panel” means a panel appointed under subsection 6.9(1);(comité)
“Plan” means the pension plan established in this Act.(Régime)
“spouse” Repealed: 2008, c.45, s.26
1(2)Where a reference is made in this Act to a person being, reaching or attaining a specified age or being under or over that age, the person shall be deemed to reach or to have reached the specified age at the beginning of the calendar month next following the calendar month in which he or she actually reached or will reach that age.
1969, c.17, s.1; 1970, c.41, s.1; 1980, c.43, s.1; 1985, c.66, s.1; 1987, c.45, s.1; 1995, c.6, s.1; 1997, c.56, s.3; 1998, c.35, s.3; 2000, c.P-21.1, s.39; 2000, c.6, s.1; 2003, c.19, s.1; 2006, c.16, s.144; 2008, c.45, s.26; 2012, c.39, s.118; 2016, c.37, s.154; 2017, c.38, s.5
Definitions and interpretation
1(1)In this Act
“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)
“associate chief judge” means the associate chief judge of the court;(juge en chef associé)
“benefit” means an annuity under section 15 and includes a return of contributions under section 17.11 and a payment out of the Consolidated Fund under subsection 21(4) of the Provincial Court Judges’ Pension Act;(prestation)
“chairman” means the chairman of the Judicial Council;(président)
“chief judge” means the chief judge of the court;(juge en chef)
“common-law partner” means(conjoint de fait)
(a) in the case of the death of a judge
(i) if the judge did not make an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge at the time 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; or
(ii) if the judge made an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge on the date when the judge’s reduced annuity began to be paid and at the time 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 judge’s reduced annuity began to be paid; or
(b) in the case of a division of a benefit under section 17.3, a person who, not being married to a judge or former judge, was cohabiting in a conjugal relationship with the judge or former 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)
“court” means the Provincial Court;(Cour)
“deputy judge” Repealed: 1987, c.45, s.1
“holiday” means Saturday, Sunday, New Year’s Day, Good Friday, Easter Monday, Victoria Day, Canada Day, New Brunswick Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any day appointed by any Statute in force in the Province or by Proclamation of the Governor-General or the Lieutenant-Governor as a general holiday within the Province and, whenever a holiday other than Saturday or Sunday falls on a Saturday or a Sunday, includes any day substituted for the holiday by the Province;(jour férié)
“judge” means a judge appointed under subsection 2(1) and includes a chief judge and an associate chief judge;(juge)
“Judicial Council” means the Judicial Council established under section 6.1;(Conseil de la magistrature)
“Minister” means the Minister of Justice and Public Safety and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“panel” means a panel appointed under subsection 6.9(1);(comité)
“Plan” means the pension plan established in this Act.(Régime)
“spouse” Repealed: 2008, c.45, s.26
1(2)Where a reference is made in this Act to a person being, reaching or attaining a specified age or being under or over that age, the person shall be deemed to reach or to have reached the specified age at the beginning of the calendar month next following the calendar month in which he or she actually reached or will reach that age.
1969, c.17, s.1; 1970, c.41, s.1; 1980, c.43, s.1; 1985, c.66, s.1; 1987, c.45, s.1; 1995, c.6, s.1; 1997, c.56, s.3; 1998, c.35, s.3; 2000, c.P-21.1, s.39; 2000, c.6, s.1; 2003, c.19, s.1; 2006, c.16, s.144; 2008, c.45, s.26; 2012, c.39, s.118; 2016, c.37, s.154
Definitions and interpretation
1(1)In this Act
“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)
“associate chief judge” means the associate chief judge of the court;(juge en chef associé)
“benefit” means an annuity under section 15 and includes a return of contributions under section 17.11 and a payment out of the Consolidated Fund under subsection 21(4) of the Provincial Court Judges’ Pension Act;(prestation)
“chairman” means the chairman of the Judicial Council;(président)
“chief judge” means the chief judge of the court;(juge en chef)
“common-law partner” means(conjoint de fait)
(a) in the case of the death of a judge
(i) if the judge did not make an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge at the time 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; or
(ii) if the judge made an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge on the date when the judge’s reduced annuity began to be paid and at the time 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 judge’s reduced annuity began to be paid; or
(b) in the case of a division of a benefit under section 17.3, a person who, not being married to a judge or former judge, was cohabiting in a conjugal relationship with the judge or former 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)
“court” means the Provincial Court;(Cour)
“deputy judge” Repealed: 1987, c.45, s.1
“holiday” means Saturday, Sunday, New Year’s Day, Good Friday, Easter Monday, Victoria Day, Canada Day, New Brunswick Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any day appointed by any Statute in force in the Province or by Proclamation of the Governor-General or the Lieutenant-Governor as a general holiday within the Province and, whenever a holiday other than Saturday or Sunday falls on a Saturday or a Sunday, includes any day substituted for the holiday by the Province;(jour férié)
“judge” means a judge appointed under subsection 2(1) and includes a chief judge and an associate chief judge;(juge)
“Judicial Council” means the Judicial Council established under section 6.1;(Conseil de la magistrature)
“Minister” means the Minister of Justice and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“panel” means a panel appointed under subsection 6.9(1);(comité)
“Plan” means the pension plan established in this Act.(Régime)
“spouse” Repealed: 2008, c.45, s.26
1(2)Where a reference is made in this Act to a person being, reaching or attaining a specified age or being under or over that age, the person shall be deemed to reach or to have reached the specified age at the beginning of the calendar month next following the calendar month in which he or she actually reached or will reach that age.
1969, c.17, s.1; 1970, c.41, s.1; 1980, c.43, s.1; 1985, c.66, s.1; 1987, c.45, s.1; 1995, c.6, s.1; 1997, c.56, s.3; 1998, c.35, s.3; 2000, c.P-21.1, s.39; 2000, c.6, s.1; 2003, c.19, s.1; 2006, c.16, s.144; 2008, c.45, s.26; 2012, c.39, s.118
Definitions and interpretation
1(1)In this Act
“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)
“associate chief judge” means the associate chief judge of the court;(juge en chef associé)
“benefit” means an annuity under section 15 and includes a return of contributions under section 17.11 and a payment out of the Consolidated Fund under subsection 21(4) of the Provincial Court Judges’ Pension Act;(prestation)
“chairman” means the chairman of the Judicial Council;(président)
“chief judge” means the chief judge of the court;(juge en chef)
“common-law partner” means(conjoint de fait)
(a) in the case of the death of a judge
(i) if the judge did not make an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge at the time 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; or
(ii) if the judge made an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge on the date when the judge’s reduced annuity began to be paid and at the time 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 judge’s reduced annuity began to be paid; or
(b) in the case of a division of a benefit under section 17.3, a person who, not being married to a judge or former judge, was cohabiting in a conjugal relationship with the judge or former 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)
“court” means the Provincial Court;(Cour)
“deputy judge” Repealed: 1987, c.45, s.1(juge adjoint)
“holiday” means Saturday, Sunday, New Year’s Day, Good Friday, Easter Monday, Victoria Day, Canada Day, New Brunswick Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any day appointed by any Statute in force in the Province or by Proclamation of the Governor-General or the Lieutenant-Governor as a general holiday within the Province and, whenever a holiday other than Saturday or Sunday falls on a Saturday or a Sunday, includes any day substituted for the holiday by the Province;(jour férié)
“judge” means a judge appointed under subsection 2(1) and includes a chief judge and an associate chief judge;(juge)
“Judicial Council” means the Judicial Council established under section 6.1;(Conseil de la magistrature)
“Minister” means the Minister of Justice and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“panel” means a panel appointed under subsection 6.9(1);(comité)
“Plan” means the pension plan established in this Act.(Régime)
“spouse” Repealed: 2008, c.45, s.26
1(2)Where a reference is made in this Act to a person being, reaching or attaining a specified age or being under or over that age, the person shall be deemed to reach or to have reached the specified age at the beginning of the calendar month next following the calendar month in which he or she actually reached or will reach that age.
1969, c.17, s.1; 1970, c.41, s.1; 1980, c.43, s.1; 1985, c.66, s.1; 1987, c.45, s.1; 1995, c.6, s.1; 1997, c.56, s.3; 1998, c.35, s.3; 2000, c.P-21.1, s.39; 2000, c.6, s.1; 2003, c.19, s.1; 2006, c.16, s.144; 2008, c.45, s.26; 2012, c.39, s.118
Definitions and interpretation
1(1)In this Act
“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)
“associate chief judge” means the associate chief judge of the court;(juge en chef associé)
“benefit” means an annuity under section 15 and includes a return of contributions under section 17.11 and a payment out of the Consolidated Fund under subsection 21(4) of the Provincial Court Judges’ Pension Act;(prestation)
“chairman” means the chairman of the Judicial Council;(président)
“chief judge” means the chief judge of the court;(juge en chef)
“common-law partner” means(conjoint de fait)
(a) in the case of the death of a judge
(i) if the judge did not make an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge at the time 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; or
(ii) if the judge made an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge on the date when the judge’s reduced annuity began to be paid and at the time 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 judge’s reduced annuity began to be paid; or
(b) in the case of a division of a benefit under section 17.3, a person who, not being married to a judge or former judge, was cohabiting in a conjugal relationship with the judge or former 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)
“court” means the Provincial Court;(Cour)
“deputy judge” Repealed: 1987, c.45, s.1(juge adjoint)
“holiday” means Saturday, Sunday, New Year’s Day, Good Friday, Easter Monday, Victoria Day, Canada Day, New Brunswick Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any day appointed by any Statute in force in the Province or by Proclamation of the Governor-General or the Lieutenant-Governor as a general holiday within the Province and, whenever a holiday other than Saturday or Sunday falls on a Saturday or a Sunday, includes any day substituted for the holiday by the Province;(jour férié)
“judge” means a judge appointed under subsection 2(1) and includes a chief judge and an associate chief judge;(juge)
“Judicial Council” means the Judicial Council established under section 6.1;(Conseil de la magistrature)
“Minister” means the Minister of Justice and Consumer Affairs and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“panel” means a panel appointed under subsection 6.9(1);(comité)
“Plan” means the pension plan established in this Act.(Régime)
“spouse” Repealed: 2008, c.45, s.26
1(2)Where a reference is made in this Act to a person being, reaching or attaining a specified age or being under or over that age, the person shall be deemed to reach or to have reached the specified age at the beginning of the calendar month next following the calendar month in which he or she actually reached or will reach that age.
1969, c.17, s.1; 1970, c.41, s.1; 1980, c.43, s.1; 1985, c.66, s.1; 1987, c.45, s.1; 1995, c.6, s.1; 1997, c.56, s.3; 1998, c.35, s.3; 2000, c.P-21.1, s.39; 2000, c.6, s.1; 2003, c.19, s.1; 2006, c.16, s.144; 2008, c.45, s.26
Definitions
1(1)In this Act
“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)
“associate chief judge” means the associate chief judge of the court;(juge en chef associé)
“benefit” means an annuity under section 15 and includes a return of contributions under section 17.11 and a payment out of the Consolidated Fund under subsection 21(4) of the Provincial Court Judges’ Pension Act;(prestation)
“chairman” means the chairman of the Judicial Council;(président)
“chief judge” means the chief judge of the court;(juge en chef)
“court” means the Provincial Court;(Cour)
“deputy judge” Repealed: 1987, c.45, s.1(juge adjoint)
“holiday” means Saturday, Sunday, New Year’s Day, Good Friday, Easter Monday, Victoria Day, Canada Day, New Brunswick Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any day appointed by any Statute in force in the Province or by Proclamation of the Governor-General or the Lieutenant-Governor as a general holiday within the Province and, whenever a holiday other than Saturday or Sunday falls on a Saturday or a Sunday, includes any day substituted for the holiday by the Province;(jour férié)
“judge” means a judge appointed under subsection 2(1) and includes a chief judge and an associate chief judge;(juge)
“Judicial Council” means the Judicial Council established under section 6.1;(Conseil de la magistrature)
“Minister” means the Minister of Justice and Consumer Affairs and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“panel” means a panel appointed under subsection 6.9(1);(comité)
“Plan” means the pension plan established in this Act;(Régime)
“spouse” means 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)
Age
1(2)Where a reference is made in this Act to a person being, reaching or attaining a specified age or being under or over that age, the person shall be deemed to reach or to have reached the specified age at the beginning of the calendar month next following the calendar month in which he actually reached or will reach that age.
1969, c.17, s.1; 1970, c.41, s.1; 1980, c.43, s.1; 1985, c.66, s.1; 1987, c.45, s.1; 1995, c.6, s.1; 1997, c.56, s.3; 1998, c.35, s.3; 2000, c.P-21.1, s.39; 2000, c.6, s.1; 2003, c.19, s.1; 2006, c.16, s.144