GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Pension Plan — C-8 63
Initial costs of administration 63 (1) Despite paragraphs 108.2(3)(c), (d) and (f) of the Canada Pension Plan , until a date determined by the Minister, the costs of administration in relation to the additional Canada Pension Plan must be paid out of the Consolidated Revenue Fund and charged to the Canada Pension Plan Account. The date determined by the Minister must not be later than December 31, 2020. Interest (2) The Minister of Finance must calculate interest, at rates determined by that Minister, on any amount paid out of the Consolidated Revenue Fund under subsection (1). Interest must be calculated for the period beginning on the day on which the amount is paid out of the Consolidated Revenue Fund under subsection (1) and ending on the day on which the amount is credited to the Canada Pension Plan Account under subsection (3). Amounts credited to Canada Pension Plan Account (3) After the date determined by the Minister under subsection (1) but before March 31, 2021, all amounts charged to the Canada Pension Plan Account under subsection (1) and all interest calculated under subsection (2) must be credited to the Canada Pension Plan Account and charged to the Additional Canada Pension Plan Account.
Canada Pension Plan — C-8 65
Subsection 114(2) of Canada Pension Plan does not apply 65 (1) Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in this Part. Order in council (2) This Part comes into force, in accordance with subsection 114(4) of the Canada Pension Plan , on a day to be fixed by order of the Governor in Council.
Canada Pension Plan — C-8 402
Subsection 114(2) of Canada Pension Plan does not apply 402 (1) Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in this Division. Order in council (2) This Division, other than subsections 361 (1) and (2), sections 365 and 371 and subsections 372 (3), (5) and (6), 392 (1), 399 (2) and 401 (3), comes into force, in accordance with subsection 114(4) of the Canada Pension Plan , on a day to be fixed by order of the Governor in Council.
Canada Pension Plan — C-8 129
Subsection 114(2) of Canada Pension Plan does not apply 129 (1) Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in this Division. Order in council (2) This Division comes into force in accordance with subsection 114(4) of the Canada Pension Plan , on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which section 380 of the Budget Implementation Act, 2018, No. 1 comes into force.
Canada Pension Plan — C-8 47
Non-application — subsection 114(2) of Canada Pension Plan 47 (1) Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in sections 45 and 46 of this Act. Order in council (2) Sections 45 and 46 come into force, in accordance with subsection 114(4) of the Canada Pension Plan , on a day to be fixed by order of the Governor in Council.
Canada Pension Plan — C-8 422
Non-application — subsection 114(2) of Canada Pension Plan 422 (1) Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in this Division. Order in council (2) This Division comes into force, in accordance with subsection 114(4) of the Canada Pension Plan , on a day to be fixed by order of the Governor in Council.
Canada Pension Plan — C-8 196
Non-application — subsection 114(2) of Canada Pension Plan 196 (1) Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in this Division.
Debt Servicing and Reduction Account Act — D-0.5
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Defence Services Pension Continuation Act — D-1.3 1
Short title 1 This Act may be cited as the Defence Services Pension Continuation Act . 1959, c. 21, s. 31
Defence Services Pension Continuation Act — D-1.3 2
Definitions 2 (1) In this Act child means a child or stepchild of — or an individual adopted either legally or in fact by — an officer who at the time of the officer’s death was dependent on the officer for support; ( enfant ) force means the officers, non-commissioned officers and men of the permanent militia corps, and includes the permanent staff of the militia; ( forces ) militiaman means a non-commissioned officer or private of the force; ( milicien ) Minister means the Minister of National Defence or such other Minister as the Governor in Council may from time to time determine; ( Ministre ) officer means a commissioned officer, a subordinate officer or a warrant officer of the force; ( officier ) permanent staff includes officers of the headquarters staff, officers of the district staff, and officers in charge of military stores; ( état-major permanent ) rank means substantive rank or appointment, but does not include brevet, honorary, local or temporary rank, except in the case of temporary brigadier-generals; and non-combatant officers, such as quartermasters, commissaries of ordnance, and others who have honorary rank, shall, for the purposes of this Act, be considered to have substantive rank corresponding to their honorary rank; ( grade ) service means service on the force; ( service ) survivor , in relation to an officer, means (a) a person who was married to the officer at the time of the officer’s death, or (b) a person referred to in subsection 32(1). ( survivant ) (2) [Repealed, 1999, c. 34, s. 207] R.S., 1970, c. D-3, s. 2; 1999, c. 34, s. 207
Defence Services Pension Continuation Act — D-1.3
child means a child or stepchild of — or an individual adopted either legally or in fact by — an officer who at the time of the officer’s death was dependent on the officer for support; ( enfant )
Defence Services Pension Continuation Act — D-1.3
force means the officers, non-commissioned officers and men of the permanent militia corps, and includes the permanent staff of the militia; ( forces )
Defence Services Pension Continuation Act — D-1.3
militiaman means a non-commissioned officer or private of the force; ( milicien )
Defence Services Pension Continuation Act — D-1.3
Minister means the Minister of National Defence or such other Minister as the Governor in Council may from time to time determine; ( Ministre )
Defence Services Pension Continuation Act — D-1.3
officer means a commissioned officer, a subordinate officer or a warrant officer of the force; ( officier )
Defence Services Pension Continuation Act — D-1.3
permanent staff includes officers of the headquarters staff, officers of the district staff, and officers in charge of military stores; ( état-major permanent )
Defence Services Pension Continuation Act — D-1.3
rank means substantive rank or appointment, but does not include brevet, honorary, local or temporary rank, except in the case of temporary brigadier-generals; and non-combatant officers, such as quartermasters, commissaries of ordnance, and others who have honorary rank, shall, for the purposes of this Act, be considered to have substantive rank corresponding to their honorary rank; ( grade )
Defence Services Pension Continuation Act — D-1.3
service means service on the force; ( service )
Defence Services Pension Continuation Act — D-1.3 (a)
survivor , in relation to an officer, means (a) a person who was married to the officer at the time of the officer’s death, or (b) a person referred to in subsection 32(1). ( survivant )
Defence Services Pension Continuation Act — D-1.3 3
has been permitted to serve in any such force, deductions at the rate of five per cent per annum shall be made from the salary or pay, as the case may be, which such officer is receiving in the public service or as an officer in any such force, and those deductions shall form part of the Consolidated Revenue Fund and shall be treated in all respects as deductions under this Act; and, notwithstanding anything in this Act, the pension granted an officer thus seconded, or thus serving in any such force shall be based on the average annual salary and allowances or pay and allowances, as the case may be, that, during the three years immediately preceding his retirement, the said officer received from the said Government in the public service, or in such force in whichever he may have been serving during the said three years. Reservations from salary treated as deductions (11) Where, by reason of a position in the public service of Canada to which any officer is seconded, he becomes subject to Part I of the Civil Service Superannuation Act , the reservations from his salary in the public service of Canada by the said Part I required to be made, shall be treated in all respects as deductions under this Act, and as satisfying the contributions that such officer is, by subsections (9) and (10), required to make. Computation of pension of officers subject to Civil Service Superannuation Act (12) The pension to which any such officer may become entitled shall be computed in respect of the average annual pay and allowances or salary and allowances of which he was in receipt while serving in the force, or, if seconded, in the public service of Canada, as the case may be, during the three years immediately preceding his retirement from the force. Adjustment of pension of certain officers (13) Any officer who, being seconded, dies after a period at which a pension might be granted him, shall, if he has made the contributions hereinbefore required, be deemed to be on full pay for the purposes of section 25. Computation of pensions of members of Defence Council (14) The pension of an officer who during his service was a member or associate member of the Defence Council for a period of not less than three continuous years and who, at the date of his retirement, is serving elsewhere in naval, army or air force employment, or is seconded, shall be computed on the average annual amount of the pay and allowances received by him during the last three years while serving as a member or associate member of the Defence Council, if a pension computed in such manner would be more beneficial to the officer than if computed as otherwise provided by this Act. R.S., 1952, c. 63, s. 3, c. 310, s. 4; 1959, c. 21, s. 33; 1966-67, c. 44, s. 57
Defence Services Pension Continuation Act — D-1.3 4
Service as militiaman reckoned 4 Subject to the provisions of this Act in respect to the yearly deduction from a pension of five per cent upon average pay if a person who has served as a non-commissioned officer or private becomes an officer, the time that he has served as such non-commissioned officer or private may be included in his term of service for the purposes of this Act. R.S., 1952, c. 63, s. 4
Defence Services Pension Continuation Act — D-1.3 5
Time served in public service 5 (1) Time served in the public service of Canada, that, under Part I of the Civil Service Superannuation Act , would be reckoned in computing the period of service for the purpose of a superannuation allowance under that Act, or time served in the public service of Canada that was of such a nature as could be reckoned in computing the period of service for purposes of a superannuation allowance under that Act had the officer remained in the public service and had elected to become a contributor under any Part of that Act, may be included in the term of service of an officer for the purposes of this Act. Deduction reduced (2) In such case, the yearly deduction of five per cent upon average pay under this Act from any pension shall be reduced by the average yearly deduction from the officer’s salary as an officer, clerk or employee in the Civil Service made under and for the purposes of the Civil Service Superannuation Act , or any amendment thereof, or under Part I of the Civil Service Superannuation and Retirement Act . R.S., 1970, c. D-3, s. 5; 1976-77, c. 28, s. 49(E)
Defence Services Pension Continuation Act — D-1.3 6
Service in R.C.M.P. 6 (1) Time served in the Royal Canadian Mounted Police as a police officer or constable may also be included in the term of service of an officer for the purposes of this Act. Deduction reduced (2) In such case the yearly deduction of five per cent upon average pay under this Act from any pension shall be reduced by the average yearly deduction from the officer’s salary or pay as a police officer made under and for the purposes of Part II of the Royal Canadian Mounted Police Act , chapter 160 of the Revised Statutes of Canada, 1927, or made under and for the purposes of the Civil Service Superannuation Act , chapter 18 of the Revised Statutes of Canada, 1886, or under Part I of the Civil Service Superannuation and Retirement Act . R.S., 1952, c. 63, s. 6
Defence Services Pension Continuation Act — D-1.3 7
Officers’ service reckoned 7 The following times may also be included in the term of service of an officer for the purposes of this Act: (a) half the time served in the Active Militia other than the force, if he has served at least ten years in the force; but the time to be credited to an officer under this paragraph for Active Militia service shall in no case exceed ten years, and if an officer’s pension is increased by reason of this paragraph, then, in addition to the deductions mentioned in this Act, such pension shall be subject to an annual deduction for a number of years equal to the number of years added to his service under the authority of this paragraph, such deduction to be equivalent to five per cent of the pay that the officer was receiving at the time of his retirement from the force; (b) time served as an officer, non-commissioned officer or man on active service during the war between Great Britain and Germany that commenced on the 4th day of August 1914; (c) time served in the Royal Canadian Navy and the Permanent Active Air Force of Canada; (d) time served on active service in the naval, army or air forces of His Majesty raised in Canada during time of war; and (e) time served on active service during time of war in any of the naval, army or air forces of His Majesty other than those raised in Canada by any person who, having served on active service in any of the forces of His Majesty during the war that commenced on the 10th day of September 1939, was appointed to or enlisted in the force on or before the 31st day of March 1946. R.S., 1952, c. 63, s. 7
Defence Services Pension Continuation Act — D-1.3 8
Pension conditional 8 An officer shall not have any right to a pension or gratuity unless the Minister is satisfied with the manner in which he has performed his duties. R.S., 1952, c. 63, s. 8
Defence Services Pension Continuation Act — D-1.3 9
Deductions from pay 9 (1) A deduction toward making good the pensions hereinbefore mentioned shall be made from the pay of every officer at the rate of five per cent per annum on such pay; but such deduction shall not be made during more than thirty-five years of service. Deductions not made for sufficient number of years (2) Where an officer becomes entitled to a pension, and the deduction from his pay provided for in this section has not been made for as great a number of years as that upon which his pension is based, the aggregate amount of pay received by him during the years for which no such deduction has been made, shall be divided by the number of such years for the purpose of ascertaining the average pay of such officer during such years, and a yearly deduction amounting to five per cent upon such average pay shall be made from the pension of such officer, and such deduction shall continue to be made until the expiration of the number of years last mentioned or the cessation of the payment of the pension, whichever shall first happen; but if the officer thinks fit, the deficiency in the deduction may be made good by him in one payment. C.R.F. (3) The sums deducted under this section shall form part of the Consolidated Revenue Fund. R.S., 1952, c. 63, s. 9
Defence Services Pension Continuation Act — D-1.3 10
Gratuity when pension not earned 10 (1) Where any officer is constrained by any infirmity of body or mind to quit the force before a period at which a pension might be granted to him, the Minister may, on the recommendation of a board composed of three officers of rank not lower than that of major, selected by the Defence Council, allow him a gratuity not exceeding one month’s pay for each year of his service. Gratuity in case of severe injury (2) Where any such officer is so constrained to quit the service before such period by reason of severe bodily injury, received without his own fault, in the discharge of his duty, the Minister may, on the recommendation of such board, allow him a gratuity not exceeding three months pay for every two years service. Gratuity in case of death before pension (3) When an officer dies before a period at which a pension might be granted him, the Governor in Council may grant to his survivor, or, if he leaves no survivor, to his children under eighteen years of age at the date of his death a gratuity equal to the amount of the deductions made under subsection 9(1) from the officer’s pay during his service. If no survivor or child (4) When an officer dies leaving no survivor or child to whom a gratuity under subsection (3) or a pension or compassionate allowance under this Act would be payable, but who leaves a father, mother, brother, sister or child who, at the date of the officer’s death was wholly or partially dependent on him for support, the Governor in Council may grant to the person or persons so dependent a gratuity not exceeding in the aggregate the amount of the deductions made under subsection 9(1) from the officer’s pay during his service. R.S., 1970, c. D-3, s. 10; 1999, c. 34, s. 208
Defence Services Pension Continuation Act — D-1.3 11
Gratuity in case of reduction of staff 11 Where an officer is removed or retired to promote efficiency or economy in the service, the Minister may, on the recommendation of a board constituted as aforesaid, grant him such gratuity as he would have been entitled to if he had been retired in consequence of permanent infirmity of body or mind. R.S., 1952, c. 63, s. 11
Defence Services Pension Continuation Act — D-1.3 12
Militiaman’s pension service 12 (1) Subject to this Act, every militiaman is entitled to retire and receive a pension for life who (a) has completed not less than twenty years service, or (b) has completed not less than fifteen years service, and is incapacitated for the performance of his duty by infirmity of mind or body. Return to service (2) Every militiaman who receives a pension under this section before he has completed twenty years service is subject to return to service, as provided by this Act if he ceases to be incapacitated. R.S., 1952, c. 63, s. 12
Defence Services Pension Continuation Act — D-1.3 13
Computation 13 (1) The pension to a militiaman on retirement shall be, (a) if he has completed fifteen but less than twenty years service, an annual sum equal to one-fiftieth of the annual pay and allowances of which he was in receipt on retirement for every year of service; (b) if he has completed twenty but less than twenty-five years service, an annual sum equal to twenty-fiftieths of the annual pay and allowances of which he was in receipt on retirement with an addition of two-fiftieths of the pay and allowances for every year of service over twenty years; or (c) if he has completed twenty-five years service, an annual sum equal to thirty-fiftieths of the annual pay and allowances of which he was in receipt on retirement with an addition of one-fiftieth of the annual pay and allowances for every year of service over twenty-five years, but the annual pension shall not exceed two-thirds of his annual pay and allowances at his retirement. Time served in regular forces (2) Time served in His Majesty’s regular forces may be counted toward pension in the case of non-commissioned officers and men transferred to the permanent force in connection with the taking over by the Government of Canada of the garrisons of Halifax and Esquimalt; and in the case of such non-commissioned officers and men as have been or may hereafter be transferred from His Majesty’s regular forces to the permanent force under arrangements made between His Majesty’s Government and His Majesty’s Canadian Government as to the pensioning of such non-commissioned officers and men. Militiaman’s service reckoned (3) The following times may also be included in the term of service of a militiaman for the purposes of this Act: (a) time served in the employment of the Government of Canada in connection with the militia stores of Canada prior to the organization of the Ordnance Stores Corps; (b) time served when on active service during the war between Great Britain and Germany that commenced on the 4th day of August 1914; (c) time served in the Royal Canadian Navy and the Permanent Active Air Force of Canada; (d) time served on active service in the naval, army or air forces of His Majesty raised in Canada during time of war; and (e) time served on active service during time of war in any of the naval, army or air forces of His Majesty other than those raised in Canada by any person who, having served on active service in any of the forces of His Majesty during the war that commenced on the 10th day of September 1939, was appointed to or enlisted in the forces on or before the 31st day of March 1946. R.S., 1952, c. 63, s. 13
Defence Services Pension Continuation Act — D-1.3 14
Estimating pensions 14 For the purposes of estimating a pension to a militiaman, (a) if the service has not been continuous, the period or periods during which such service has been discontinued shall not be counted; and (b) the annual pay of a militiaman at the date of retirement shall be deemed to be the average annual amount of pay, exclusive of extra pay or allowances, received by him during the three years last preceding such retirement, and not the annual amount actually received by him at that date. R.S., 1952, c. 63, s. 14
Defence Services Pension Continuation Act — D-1.3 15
Certificate from board 15 No pension shall be granted to any militiaman unless a board composed of three officers, the rank of one of whom shall be not lower than that of major, has certified to his length of service and conduct, and that evidence has been adduced before it which justifies the granting of a pension under this Act. R.S., 1952, c. 63, s. 15
Defence Services Pension Continuation Act — D-1.3 16
Militiaman required to retire 16 When any militiaman has completed a service of twenty years, the Defence Council, upon the recommendation of such a board, may require him to retire upon the terms as to pensions prescribed by this Act. R.S., 1952, c. 63, s. 16
Defence Services Pension Continuation Act — D-1.3 17
Certificate of medical board 17 (1) Before a pension is granted to a militiaman who, after having served for less than twenty years, retires on the ground of his being incapacitated by infirmity of mind or body for the discharge of his duty, a medical board constituted in accordance with regulations made under the National Defence Act shall certify that such militiaman is so incapacitated and that the incapacity is likely to be permanent. Evidence required (2) Such militiaman shall thereafter when required and until the power under this Act of requiring the militiaman to serve again ceases, furnish satisfactory evidence, certified by a legally qualified medical practitioner, that such incapacity continues. R.S., 1952, c. 63, s. 17; 1959, c. 21, s. 34
Defence Services Pension Continuation Act — D-1.3 18
Incapacity ceasing 18 (1) In the event of such incapacity ceasing before the expiration of such time as would, together with the period of service prior to his retirement, make up a period of twenty years, the militiaman is liable to serve again in the force. Forfeiture of pension (2) Where before the expiration of the said time he declines so to serve or when serving again he neglects while he is in a competent state of health to perform his duty satisfactorily, he shall forfeit his pension. R.S., 1952, c. 63, s. 18