PC Number: 2005-0300

Date: 2005-03-08

                     Whereas the Minister of Justice reports that the Honourable Robert L. Tuck, appointed a Judge of the Court of Queen’s Bench of New Brunswick, Family Division, on June 18, 2003, was required to relocate from the City of Moncton in the Province of New Brunswick to the City of Saint John in the Province of New Brunswick, and was entitled to a removal allowance under section 40 of the Judges Act;

                     And whereas Mr. Justice Robert L. Tuck, on account of unfavourable conditions in the real estate market, was not able to sell his former residence within the six-month period referred to in paragraph 3(1)(j) and subsection 3.2(8) of the Judges Act (Removal Allowance) Order and has requested that an additional period be approved so that he may be allowed to claim

(i) the cost of maintaining the former residence in excess of the six-month period; and

(ii) the difference between the sale price of the former residence and its fair market value if he is unable to sell the former residence at a price that is equal to or greater than the fair market value;

                     Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsections 3(2) and 3.2(9) of the Judges Act (Removal Allowance) Order, hereby prescribes the period from May 1, 2004 to July 29, 2004, as an additional period during which the Honourable Robert L. Tuck shall be reimbursed for

(a) the cost of maintaining his former residence, minus any rent received in respect of it, pursuant to subsection 3(1)(j) of that Order; and

(b) the difference between the sale price of his former residence and its fair market value, pursuant to subsection 3.2(2) of that Order.