GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Diplomatic Service (Special) Superannuation Act — D-2 2
Definitions 2 In this Act, common-law partner means a person who establishes that the person is cohabiting with a Public Official in a relationship of a conjugal nature, having so cohabited for a period of at least one year; ( conjoint de fait ) Public Office has a meaning corresponding to that of Public Official, and a person shall be deemed to be serving in a Public Office during such time as he is entitled to receive the salary annexed to that Public Office;  ( charge diplomatique ) Public Official means an ambassador, minister, high commissioner or consul-general of Canada to another country and such other person of comparable status serving in another country in the public service of Canada as the Governor in Council may designate; ( diplomate ) survivor means a person (a) who was married to a Public Official immediately before the death of the Public Official; or (b) who establishes that the person was cohabiting with a Public Official in a relationship of a conjugal nature for a period of at least one year immediately before the death of the Public Official. ( survivant ) R.S., 1985, c. D-2, s. 2; 2000, c. 12, s. 99
Diplomatic Service (Special) Superannuation Act — D-2
common-law partner means a person who establishes that the person is cohabiting with a Public Official in a relationship of a conjugal nature, having so cohabited for a period of at least one year; ( conjoint de fait )
Diplomatic Service (Special) Superannuation Act — D-2
Public Office has a meaning corresponding to that of Public Official, and a person shall be deemed to be serving in a Public Office during such time as he is entitled to receive the salary annexed to that Public Office;  ( charge diplomatique )
Diplomatic Service (Special) Superannuation Act — D-2
Public Official means an ambassador, minister, high commissioner or consul-general of Canada to another country and such other person of comparable status serving in another country in the public service of Canada as the Governor in Council may designate; ( diplomate )
Diplomatic Service (Special) Superannuation Act — D-2 (a)
survivor means a person (a) who was married to a Public Official immediately before the death of the Public Official; or (b) who establishes that the person was cohabiting with a Public Official in a relationship of a conjugal nature for a period of at least one year immediately before the death of the Public Official. ( survivant )
Diplomatic Service (Special) Superannuation Act — D-2 3
Status of males and females 3 Male and female contributors under this Act enjoy equality of status and equal rights and obligations under this Act. 1974-75-76, c. 81, s. 74
Diplomatic Service (Special) Superannuation Act — D-2 4
Retirement age 4 (1) Every Public Official who is not a contributor under the Public Service Superannuation Act ceases to hold office as such on reaching the age of sixty-five years. Idem (2) Notwithstanding subsection (1), a Public Official to whom that subsection applies who has reached the age of sixty-five years may continue to hold office as such from year to year thereafter if, prior to each anniversary of his birthday commencing with the sixty-fifth anniversary thereof, the Governor in Council has approved that he continue to hold that office. R.S., c. D-5, s. 3
Diplomatic Service (Special) Superannuation Act — D-2 5
ermining a number of years for the purpose of subsection (9.2) or (9.3), a part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less. Interest on payment of amount of contributions (10) When, at any time after December 31, 1974, a Public Official or his or her survivor becomes entitled, pursuant to subsection (1), (8) or (9) or 9(6) or section 12, to be paid any amount of the contributions made by the Public Official under this Part, the President of the Treasury Board shall (a) determine the total amount of the contributions that have been made under this Act by the Public Official (i) prior to 1974, and (ii) during each year, in this subsection called a “contribution year”, subsequent to 1973, in which contributions were made by the Public Official; and (b) calculate interest at the rate of four per cent compounded annually (i) on the total amount determined in respect of the period referred to in subparagraph (a)(i) from December 31, 1973 to December 31 of the year immediately preceding the year in which he ceased to be a contributor under this Act, and (ii) on the aggregate amount determined in respect of each contribution year referred to in subparagraph (a)(ii) from December 31 of that year to December 31 of the year immediately preceding the year in which he ceased to be a contributor under this Act. R.S., 1985, c. D-2, s. 5; 2000, c. 12, s. 100
Diplomatic Service (Special) Superannuation Act — D-2
Average Maximum Pensionable Earnings means, with respect to any Public Official, the average of the Year’s Maximum Pensionable Earnings for the year in which he ceased to hold office as a Public Official and for each of the two preceding years;  ( moyenne des maximums des gains ouvrant droit à pension )
Diplomatic Service (Special) Superannuation Act — D-2
average salary means the average of the salary received by a Public Official during the last ten years of his service in a Public Office or, where he served less than ten years in a Public Office, the average of the salary received by him during his entire service in a Public Office;  ( traitement moyen )
Diplomatic Service (Special) Superannuation Act — D-2
deferred pension means a pension that becomes payable to a Public Official at the time he reaches sixty-five years of age;  ( pension différée )
Diplomatic Service (Special) Superannuation Act — D-2
Year’s Maximum Pensionable Earnings has the same meaning as in the Canada Pension Plan . ( maximum des gains annuels ouvrant droit à pension )
Diplomatic Service (Special) Superannuation Act — D-2 6
Public Official’s contribution 6 (1) Every Public Official who is not a contributor under the Public Service Superannuation Act and who is not a member of a special pension plan established under the Special Retirement Arrangements Act shall, by reservation from the Public Official’s salary, contribute to the Consolidated Revenue Fund six per cent of that salary minus an amount equal to the amount the Public Official would be required to contribute under the Canada Pension Plan in respect of that salary if that salary, expressed in terms of an annual rate, were the total amount of the Public Official’s income for the year from pensionable employment as defined in that Act. Contribution not required (2) Notwithstanding subsection (1), no Public Official shall contribute to the Consolidated Revenue Fund as required by subsection (1) after he has served as a Public Official for a period of thirty-five years less the number of years of service on which any pension or annuity received by him in respect of any prior service under any other Act of Parliament is based. R.S., 1985, c. D-2, s. 6; 1992, c. 46, s. 87
Diplomatic Service (Special) Superannuation Act — D-2 8
Where Governor in Council may declare amount of salary 8 In the case of a Public Official who was employed in the federal public administration immediately prior to appointment to a Public Office, the Governor in Council may from time to time declare that, for all purposes of this Act, the Public Service Superannuation Act and the Special Retirement Arrangements Act , the salary of the Public Official shall be such amount as the Governor in Council considers the Public Official would have received if the Public Official had remained in the position in the federal public administration that the Public Official held at the time of appointment to a Public Office. R.S., 1985, c. D-2, s. 8; 1992, c. 46, s. 88; 2003, c. 22, s. 224(E)
Diplomatic Service (Special) Superannuation Act — D-2 9
vor the total amount of the contributions made by the Public Official under this Part, together with interest, if any, calculated pursuant to subsection 5(10). Apportionment when two survivors (7) When a pension is payable under subsection (3) or a death benefit is payable under subsection (6) and there are two survivors of the Public Official, the total amount of the pension or death benefit shall be apportioned in accordance with subsections (8) and (9). Amount payable to spouse (8) The survivor referred to in paragraph (a) of the definition “survivor” in section 2 is entitled to receive the proportion of the pension or death benefit that (a) the aggregate of the number of years that he or she cohabited with the Public Official while married to the Public Official and the number of years that he or she cohabited with the Public Official in a relationship of a conjugal nature bears to (b) the total number of years that the Public Official cohabited with the two survivors, either while married or while in a relationship of a conjugal nature. Amount payable to common-law partner (9) The survivor referred to in paragraph (b) of the definition “survivor” in section 2 is entitled to receive the proportion of the pension or death benefit that (a) the number of years that he or she cohabited with the Public Official in a relationship of a conjugal nature bears to (b) the total number of years that the Public Official cohabited with the two survivors, either while married or while in a relationship of a conjugal nature. Years (10) In determining a number of years for the purpose of this section, a part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less. R.S., 1985, c. D-2, s. 9; 1989, c. 6, s. 14; 1992, c. 46, s. 89; 2000, c. 12, s. 101; Canada Gazette Part III, err.(F), Volume 23, No. 4
Diplomatic Service (Special) Superannuation Act — D-2 9.1
Election 9.1 (1) If, after the retirement or resignation of a Public Official who is not a contributor under the Public Service Superannuation Act and who is not a member of a special pension plan established under the Special Retirement Arrangements Act , the Public Official elects within any period prescribed by the regulations to accept a pension authorized by this section, the Public Official is entitled, in lieu of the pension to which he or she is entitled on the date of the election, to a pension equal to two thirds of that pension. Pension to spouse or common-law partner (2) The spouse or common-law partner of the Public Official on the day of the election referred to in subsection (1) is entitled to a pension equal to one half of the pension to which the Public Official is entitled under that subsection. Pension is payable (3) A pension that is authorized by this section becomes payable the month following the month in which the election made under subsection (1) is approved by the Minister. No entitlement (4) A spouse or common-law partner who is entitled to a pension under section 9 in respect of a Public Official is not entitled to a pension under this section in respect of that Public Official. 2000, c. 12, s. 102
Diplomatic Service (Special) Superannuation Act — D-2 10
Payments out of C.R.F. 10 (1) The pensions and returns of contributions payable under this Act shall be paid out of the Consolidated Revenue Fund. Duration of payment (2) Where a pension becomes payable under this Act, it shall be paid in equal monthly instalments in arrears and shall continue, subject to this Act, during the lifetime of the recipient and thereafter until the end of the month in which he dies. R.S., c. D-5, s. 10; 1974-75-76, c. 81, ss. 79, 106(F)
Diplomatic Service (Special) Superannuation Act — D-2 11
Election not to contribute under section 6 11 (1) A Public Official who is not a contributor under the Public Service Superannuation Act may elect in writing within one year after his appointment to a Public Office not to contribute under section 6, and on so electing he shall, notwithstanding that section, not be required to contribute under that section. Idem (2) A Public Official is not required to contribute under the Public Service Superannuation Act by reason of an election made by him under subsection (1). Return of contributions (3) A Public Official who has made an election under this section and who has made contributions under section 6 is entitled to a return of the total amount of those contributions without interest. Election irrevocable (4) An election made under this section is irrevocable. Where sections 5, 6, 9 and 9.1 do not apply (5) Sections 5 and 6 do not apply to a Public Official who has made an election under this section, and sections 9 and 9.1 do not apply to the spouse, common-law partner or survivor of a Public Official who has made an election under this section. R.S., 1985, c. D-2, s. 11; 2000, c. 12, s. 103
Diplomatic Service (Special) Superannuation Act — D-2 12
Minimum benefit 12 When, on the death of a Public Official, there is no survivor to whom a pension or return of contributions under this Part may be paid, or if the survivor of a Public Official who is or would be entitled to a pension under this Act dies or ceases to be entitled to the pension or return, any amount by which the total amount of the contributions made by the Public Official under this Part, together with interest, if any, calculated pursuant to subsection 5(10), exceeds the total amount paid to the Public Official and the survivor under this Act shall be paid, as a death benefit, to his or her estate or succession or, if less than one thousand dollars, as the President of the Treasury Board may direct. R.S., 1985, c. D-2, s. 12; 2000, c. 12, s. 104
Diplomatic Service (Special) Superannuation Act — D-2 13
Presumption of death of Public Official or other person 13 (1) Where a Public Official or any person to whom any pension or return of contributions has become payable under this Act has disappeared under circumstances that, in the opinion of the President of the Treasury Board, raise beyond a reasonable doubt a presumption that that person is dead, the President of the Treasury Board may issue a certificate declaring that the person is presumed to be dead and stating the date on which his death is presumed to have occurred, and thereupon that person shall be deemed, for all purposes of this Act, to have died on the date so stated in the certificate. Effect of certificate (2) Notwithstanding subsection (1), if after the issue of a certificate under that subsection it is made to appear that the person named in the certificate did not in fact die on the date stated therein, the certificate has effect as provided in subsection (1) in relation to any period before such time as it is made to appear that he did not in fact so die, but no effect in relation to any period after that time. R.S., c. D-5, s. 13; 1974-75-76, c. 81, s. 81
Diplomatic Service (Special) Superannuation Act — D-2 14
Where person unable to manage affairs 14 (1) Where, for any reason, a person to whom any pension has become payable under this Act is unable to manage his own affairs, or where he is incapable of managing his own affairs and there is no person entitled by law to act as his committee, the Receiver General may pay to any person designated by the President of the Treasury Board to receive payment on behalf of that person any amount that is payable to that person under this Act. Diversion of payments to satisfy financial support order (2) When any court in Canada of competent jurisdiction has made an order requiring a Public Official to pay financial support, amounts payable to that Public Official under this Act are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act . Payment deemed to be to person entitled (3) For the purposes of this Act, any payment made pursuant to subsection (1) or (2) is deemed to be a payment to the Public Official in respect of whom the payment is made. R.S., 1985, c. D-2, s. 14; 2000, c. 12, s. 105
Diplomatic Service (Special) Superannuation Act — D-2 15
Regulations 15 The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Act. R.S., c. D-5, s. 16
Diplomatic Service (Special) Superannuation Act — D-2 16
Definitions 16 In this Part, contributor means (a) a Public Official who is required by subsection 6(1) to contribute to the Consolidated Revenue Fund, and (b) a person described in subsection 6(2) who is a Public Official; ( contributeur ) Supplementary Retirement Benefits Account means the Account established in the accounts of Canada pursuant to the Supplementary Retirement Benefits Act . ( compte de prestations de retraite supplémentaires ) R.S., c. 13(1st Supp.), s. 3
Diplomatic Service (Special) Superannuation Act — D-2 (a)
contributor means (a) a Public Official who is required by subsection 6(1) to contribute to the Consolidated Revenue Fund, and (b) a person described in subsection 6(2) who is a Public Official; ( contributeur )
Diplomatic Service (Special) Superannuation Act — D-2
Supplementary Retirement Benefits Account means the Account established in the accounts of Canada pursuant to the Supplementary Retirement Benefits Act . ( compte de prestations de retraite supplémentaires )
Diplomatic Service (Special) Superannuation Act — D-2 17
Contributions 17 (1) Commencing with the month of April, 1970, every contributor is required to contribute to the Supplementary Retirement Benefits Account, by reservation from his salary, an amount equal to one-half of one per cent of his salary. Idem (2) Notwithstanding subsection (1), commencing with the month of January, 1977, every contributor is required to contribute to the Supplementary Retirement Benefits Account, by reservation from his salary, an amount equal to one per cent of his salary. R.S., c. 13(1st Supp.), s. 3; 1973-74, c. 36, s. 8
Diplomatic Service (Special) Superannuation Act — D-2 18
Contributions for elective service 18 (1) Notwithstanding section 17, a Public Official who elects pursuant to section 7 to count as service in a Public Office (a) any period of elective service specified in that section, or any portion thereof, that is after March 31, 1970 and before January 1, 1977, or (b) any period of elective service specified in that section, or any portion thereof, that is after December 31, 1976, is required to contribute to the Supplementary Retirement Benefits Account in respect thereof, in addition to any amount he is required to contribute under section 7, an amount calculated in the manner and in respect of the salary described in that section, (c) in the case of any period of elective service or portion thereof described in paragraph (a), at the rate set out in subsection 17(1), and (d) in the case of any period of elective service or portion thereof described in paragraph (b), at the rate set out in subsection 17(2). Manner of payment (2) Subsections 7(3) and (4) apply with such modifications as the circumstances require to amounts required to be paid under subsection (1). R.S., c. 13(1st Supp.), s. 3; 1973-74, c. 36, s. 8
Diplomatic Service (Special) Superannuation Act — D-2 19
Amount to be credited to S.R.B. Account 19 Where any amount is paid into the Supplementary Retirement Benefits Account pursuant to sections 17 and 18, an amount equal to the amount so paid shall be credited to that Account. R.S., c. 13(1st Supp.), s. 3
Diplomatic Service (Special) Superannuation Act — D-2 34
Resumption of allowances to spouses 34 Where, before the coming into force of this Act, payment of an allowance, annuity or pension to a spouse or surviving spouse was suspended or ceased, on remarriage of the spouse or surviving spouse, pursuant to subsection 25(2) of the Public Service Superannuation Act , section 27 of the Canadian Forces Superannuation Act , subsection 30(2) of the Defence Services Pension Continuation Act , subsection 9(5) of the Diplomatic Service (Special) Superannuation Act , subsection 14(2), 19(4) or 31(5) of the Members of Parliament Retiring Allowances Act , subsection 38.1(2) or 39(2) of the Members of Parliament Retiring Allowances Act , R.S.C. 1970, c. M-10 (as amended by R.S.C. 1970, c. 25 (1st Supp.), ss. 14 and 15), subsection 24(2) of the Royal Canadian Mounted Police Pension Continuation Act or section 16 of the Royal Canadian Mounted Police Superannuation Act , as that provision read from time to time before the coming into force of this Act, payment of the allowance, annuity or pension, as the case may be, to the spouse or surviving spouse shall, subject to that Act, be resumed on and with effect from the day on which this Act comes into force.
Divorce Act — D-3.4 1
Short title 1 This Act may be cited as the Divorce Act .
Divorce Act — D-3.4 2
tion” to describe a proceeding under this Act in a court shall not be construed as limiting the name under which and the form and manner in which that proceeding may be taken in that court, and the name, manner and form of the proceeding in that court shall be such as is provided for by the rules regulating the practice and procedure in that court. Idem (4) The use in section 21.1 of the terms “affidavit” and “pleadings” to describe documents shall not be construed as limiting the name that may be used to refer to those documents in a court and the form of those documents, and the name and form of the documents shall be such as is provided for by the rules regulating the practice and procedure in that court. Provincial child support guidelines (5) The Governor in Council may, by order, designate a province for the purposes of the definition applicable guidelines in subsection (1) if the laws of the province establish comprehensive guidelines for the determination of child support that deal with the matters referred to in section 26.1. The order shall specify the laws of the province that constitute the guidelines of the province. Amendments included (6) The guidelines of a province referred to in subsection (5) include any amendments made to them from time to time. R.S., 1985, c. 3 (2nd Supp.), s. 2, c. 27 (2nd Supp.), s. 10; 1990, c. 18, s. 1; 1992, c. 51, s. 46; 1997, c. 1, s. 1; 1998, c. 30, ss. 13(F), 15(E); 1999, c. 3, s. 61; 2002, c. 7, s. 158(E); 2005, c. 33, s. 8; 2015, c. 3, s. 76 2019, c. 16, s. 1 2019, c. 16, s. 35(E)
Divorce Act — D-3.4
age of majority , in respect of a child, means the age of majority as determined by the laws of the province where the child habitually resides, or, if the child habitually resides outside of Canada, eighteen years of age; ( majeur )
Divorce Act — D-3.4
appellate court , in respect of an appeal from a court, means the court exercising appellate jurisdiction with respect to that appeal; ( cour d’appel )
Divorce Act — D-3.4 (a)
applicable guidelines means (a) if both spouses or former spouses are habitually resident in the same province at the time an application is made for a child support order or for a variation order in respect of a child support order or the amount of a child support is to be calculated or recalculated under section 25.01 or 25.1, and that province has been designated by an order made under subsection (5), the laws of the province specified in the order, and (b) in any other case, the Federal Child Support Guidelines; ( lignes directrices applicables )
Divorce Act — D-3.4 (a)
child of the marriage means a child of two spouses or former spouses who, at the material time, (a) is under the age of majority and who has not withdrawn from their charge, or (b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life; ( enfant à charge )
Divorce Act — D-3.4
child support order means an order made under subsection 15.1(1); ( ordonnance alimentaire au profit d’un enfant )
Divorce Act — D-3.4
competent authority means, except as otherwise provided, a tribunal or other entity in a country other than Canada, or a subdivision of such a country, that has the authority to make a decision under their law respecting any subject matter that could be dealt with under this Act; ( autorité compétente )
Divorce Act — D-3.4
contact order means an order made under subsection 16.5(1); ( ordonnance de contact )