GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pension Diversion Regulations — Pension Diversion Regulations
Attention: Human Resources, Senate of Canada
Pension Diversion Regulations — Pension Diversion Regulations
Attention: Pension and Entitlement Officer – Members of Parliament Retiring Allowances
Pension Diversion Regulations — 6
6 Where an application referred to in subsection 33(1) of the Act is received and the person named as a recipient in the application is not a recipient as defined by subsection 32(1) of the Act at that time, the application shall be retained by the Minister for a period of 12 months. SOR/97-177, s. 5
Pension Diversion Regulations — 7
7 A notification referred to in section 34 of the Act shall (a) contain a statement that (i) a duly completed application for diversion of the recipient’s pension benefit has been made on behalf of named persons, domiciled and habitually resident at the time of the application in a stated province, territory or foreign country or place, (ii) the address of the recipient stated in the notification is the address that will be used by the Minister for purposes of any diversion, (iii) a diversion of a stated amount or stated portion of the net pension benefit will be made for the benefit of the applicant no later than a stated date, and (iv) the recipient may at any time apply to the Minister in accordance with the Act and these Regulations for a variation or termination of the diversion; (b) be accompanied by a copy of the financial support order on which the application is based and the statement of arrears of maintenance, alimony or support, if any; and (c) be sent (i) if the recipient’s latest known address is in Canada, by mail, registered mail with an acknowledgement of receipt or any means of electronic communication, and (ii) in any other case, by air mail or other similar means. SOR/97-177, s. 6 SOR/2020-265, s. 18
Pension Diversion Regulations — 8
8 Where a recipient’s pension benefit consists of both a lump sum payment and periodic payments and the lump sum payment is payable in advance of any periodic payment, the amount to be diverted from the recipient’s net pension benefit shall be determined in accordance with the relevant provisions of the Act as if there were only one such type of payment at the relevant time. SOR/2020-265, s. 19(F)
Pension Diversion Regulations — 9
9 Where a recipient’s pension benefit consists of both a lump sum payment and periodic payments and the lump sum payment is payable at the same time as any periodic payment, the amount to be diverted from the recipient’s net pension benefit shall be governed by the following rules: (a) where the relevant financial support order provides only for a lump sum payment, the amount specified in the order shall first be satisfied out of the lump sum portion of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of a lump sum payment and, if any amount thereof remains unsatisfied, that amount shall be treated as a new lump sum payment to be satisfied in accordance with section 37 of the Act as if the recipient’s pension benefit consisted only of periodic payments; (b) where the relevant financial support order provides only for periodic payments, the payments shall be satisfied out of the periodic payments of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of periodic payments; and (c) where the relevant financial support order provides for both a lump sum payment and periodic payments, the lump sum payment portion shall be satisfied out of the lump sum payment portion of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of a lump sum payment and the periodic payments shall be satisfied out of the periodic payments portion of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of periodic payments. SOR/97-177, s. 7 SOR/2020-265, s. 20(F)
Pension Diversion Regulations — 9.1
9.1 (1) In this section, applicant’s proportionate share means, in respect of an applicant, the quotient obtained by dividing the amount specified in the financial support order of the applicant by the sum of the amounts specified in the financial support orders accompanying the two or more duly completed applications for diversion referred to in subsection (3) or (4). (2) This section applies where two or more duly completed applications for diversion of a recipient’s net pension benefit are received before a diversion is made or where a diversion of a recipient’s net pension benefit is being made and another duly completed application for diversion of the pension benefit is received. (3) Where two or more duly completed applications for diversion of a recipient’s net pension are received and the portion of the recipient’s net pension benefit subject to diversion pursuant to sections 36 to 40.1 of the Act is, in respect of each applicant, the same, the amount of the net pension benefit to be diverted to each applicant shall be that portion of the net pension benefit multiplied by the applicant’s proportionate share, to a maximum of the amount specified in the financial support order of the applicant. (4) Where two or more duly completed applications for diversion of a recipient’s net pension benefit are received and the portion of the recipient’s net pension benefit subject to diversion pursuant to sections 36 to 40.1 of the Act is not, in respect of each applicant, the same, the amount of the net pension benefit to be diverted to each applicant shall be (a) if the sum of the amounts specified in the financial support orders accompanying the applications is equal to or less than the net pension benefit, an amount equal to the amount that would be diverted to that applicant had that applicant been a sole applicant under the Act; or (b) if the sum of the amounts specified in the financial support orders accompanying the applications is greater than the net pension benefit, the net pension benefit multiplied by each applicant’s proportionate share, to a maximum of the net pension benefit that would be diverted to that applicant had that applicant been a sole applicant under the Act. (5) Where the amount of the recipient’s net pension benefit to be diverted to an applicant pursuant to paragraph (4)(b) is less than the maximum referred to in that paragraph, the amount, not to exceed that maximum, to be diverted to that applicant shall be equal to (a) the amount diverted to that applicant pursuant to paragraph (4)(b); and (b) the amount of the difference, if any, between the sum of the amounts to be diverted to each applicant from that net pension benefit pursuant to paragraph (4)(b) and the net pension benefit subject to diversion pursuant to sections 36 to 40.1 of the Act. SOR/85-511, s. 2; SOR/97-177, s. 8
Pension Diversion Regulations — 10
10 The notification referred to in paragraph 39(1)(b) of the Act may be sent by mail, registered mail or any means of electronic communication. SOR/2020-265, s. 21
Pension Diversion Regulations — 10.1
10.1 The copy of a varied financial support order referred to in subsection 39(5) of the Act shall be a certified copy unless it is submitted by a provincial enforcement service. SOR/2020-265, s. 21
Pension Diversion Regulations — 11
11 (1) An application, pursuant to subsection 41(1) of the Act, for a variation in the amount being diverted with respect to a diversion may be made on the grounds that (a) the financial support order or the statement of arrears of maintenance, alimony or support on which the diversion is based has been varied or replaced by another financial support order or statement of arrears, as the case may be, that would result in a change in the amount to be diverted as calculated in accordance with the Act and these Regulations; (a.1) a statement of arrears of maintenance, alimony or support has been submitted that would result in a change in the amount to be diverted as calculated in accordance with the Act and these Regulations; (b) there has been a change in the applicant’s or recipient’s habitual residence and that change would result in a change in the amount to be diverted as calculated in accordance with the Act and these Regulations; (c) there is a change in the status of a person on whose behalf diversion payments are being made to another person; (d) there is a change in a condition of payment specified in the financial support order on which the diversion is based that changes the amount to be paid pursuant to the order; or (e) a written request for a reduction in the amount being diverted has been made by and signed by the applicant or the person or provincial enforcement service to whom diversion payments are being made for the benefit of the applicant. (2) An application, pursuant to subsection 41(1) of the Act, for termination of a diversion may be made on the grounds that (a) there is a change in a condition of payment specified in the financial support order on which the diversion is based that has the effect of terminating the order; (b) the order is terminated, rescinded or nullified by another order or a judgment of a court; or (c) a written request to terminate the diversion has been made by and signed by the applicant or the person or provincial enforcement service to whom diversion payments are being made for the benefit of the applicant. (3) An application referred to in subsection (1) or (2) shall be signed by or on behalf of the applicant or recipient and shall contain (a) a written request for a variation in the amount being diverted or for termination of the diversion, as the case may be, (b) sufficient information to enable the Minister to identify the applicant and recipient, (c) a statement of the grounds for the application, and (d) written evidence of the facts alleged concerning the application sufficient to permit the Minister to ascertain the truth of the facts. SOR/87-666, s. 3(E); SOR/97-177, s. 10 SOR/2020-265, s. 22
Pension Diversion Regulations — 12
12 For the purposes of the definition net pension benefit in subsection 32(1) of the Act, the prescribed deductions shall be (a) any arrears of income tax required to be retained pursuant to section 224.1 of the Income Tax Act and any amount required to be withheld as income tax in relation to a recipient domiciled outside of Canada or in relation to a lump sum payment; (b) any amount deducted from the recipient’s pension benefit for instalments being paid in respect of elective service and deficiencies in pension contributions for current or elective service; (c) any amount deducted from the recipient’s pension benefit pursuant to an Act of Parliament, but not including (i) income tax, other than the income tax deduction set out in paragraph (a), and (ii) any pension diversion made pursuant to Part II of the Act; (d) any amount deducted from the recipient’s pension benefit as a premium payment for a health care or hospital insurance plan; (e) any amount deducted from the recipient’s pension benefit as a premium payment for a group life insurance plan listed in Schedule I; and (f) any amount deducted from the recipient’s pension benefit for supplementary death benefit contributions or shortages of such contributions. SOR/85-511, s. 3; SOR/97-177, s. 11 SOR/2020-265, s. 23
Pension Diversion Regulations — 13
13 A written statement referred to in subsection 37(3) of the Act shall (a) be filed within 30 days after the anniversary date of the commencement of the diversion payments; (b) contain information as to whether or not, to the knowledge of the applicant, (i) the financial support order has been replaced or varied by any other order, (ii) the financial support order has been satisfied by the diversion payments made, by any other means or by any combination thereof, and (iii) the conditions of payment in the financial support order, if any, are still applicable; and (c) be witnessed by a person who knows the applicant. SOR/87-666, s. 4; SOR/97-177, s. 12
Pension Diversion Regulations — 14
14 An application under section 35.3 of the Act shall be made in the form set out in Schedule II and be accompanied by a copy of the financial support order, which shall be a certified copy unless the application is made by a provincial enforcement service. SOR/97-177, s. 13 SOR/2020-265, s. 24
Pension Diversion Regulations — 15
15 If a person or provincial enforcement service who makes an application referred to in section 35.3 of the Act is unable to provide the plan member’s date of birth but provides other information sufficient to enable the Minister to identify the plan member within a reasonable time, the requirement that the application contain the plan member’s date of birth shall be waived. SOR/97-177, s. 13 SOR/2020-265, s. 24
Pension Diversion Regulations — 16
16 An application referred to in section 35.3 of the Act shall be sent to Minister of Public Works and Government Services Government of Canada Pension Centre – Mail Facility 150 Dion Boulevard P.O. Box 8000 Matane, Quebec G4W 4T6. SOR/97-177, s. 13 SOR/2020-265, s. 24
Pension Diversion Regulations — 17
17 If an application is made under section 35.3 of the Act, the Minister shall provide the following information to the person or provincial enforcement service making the application: (a) the date on which the plan member ceased to be employed in the public service of Canada, ceased to be required to make contributions under the Canadian Forces Superannuation Act or ceased to be a participant under subsection 5(1) of the Reserve Force Pension Plan Regulations , as well as the period of pensionable service to the credit of the plan member; (b) the date of birth of the plan member; (c) whether the plan member is, at the time of the application, eligible to exercise an option for a benefit under the Public Service Superannuation Act , the Canadian Forces Superannuation Act or the Reserve Force Pension Plan Regulations ; (d) whether the plan member has made such an option and, if so, the details of the option; (e) if the plan member has not exercised such an option, the last day for exercising that option; (f) the amount of the deferred annuity that the plan member would be entitled to receive; (g) the annual allowance that the plan member would be entitled to receive had the member made an option for that benefit on the date of providing the information; and (h) the date on which the information is provided. SOR/97-177, s. 13 SOR/2020-265, s. 25
Pension Diversion Regulations — 18
18 If an application referred to in section 35.3 of the Act is received and the person named as a plan member in the application has not yet exercised an option under any of sections 12 to 13.001 of the Public Service Superannuation Act , section 18 of the Canadian Forces Superannuation Act or section 45 of the Reserve Force Pension Plan Regulations , the application shall be retained by the Minister for a period of 12 months and the Minister shall inform the person or provincial enforcement service that made the application of any option exercised by the plan member during that 12-month period. SOR/97-177, s. 13 SOR/2020-265, s. 26
Pension Diversion Regulations — 1
1 The Public Service Management Insurance Plan established under the Financial Administration Act .
Pension Diversion Regulations — 2
2 A Royal Canadian Mounted Police group life insurance plan.
Pension Diversion Regulations — Pension Diversion Regulations
Please provide the following information concerning the plan member.
Pension Diversion Regulations — Pension Diversion Regulations
A copy of the financial support order under which the application is made must be attached.
Pension Diversion Regulations — Pension Diversion Regulations
I request pension benefits information in respect of the plan member named in Part 1 of this application in accordance with the Garnishment, Attachment and Pension Diversion Act and Pension Diversion Regulations . I understand that a notation reflecting that such a request has been made will be placed on the plan member’s personal record once the information is sent to me.
Pension Diversion Regulations — Pension Diversion Regulations
Minister of Public Works and Government Services / Ministre des Travaux publics et Services gouvernementaux
Pension Diversion Regulations — Pension Diversion Regulations
Government of Canada Pension Centre – Mail Facility / Centre des pensions du gouvernement du Canada — Service du courrier
Pension Diversion Regulations — Pension Diversion Regulations
150 Dion Boulevard / 150, boulevard Dion
Pension Diversion Regulations — Pension Diversion Regulations
Matane, Quebec G4W 4T6 / Matane (Québec) G4W 4T6
Muskoka Airport Zoning Regulations — Muskoka Airport Zoning Regulations
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 6 of the Aeronautics Act , is pleased hereby to approve the annexed Regulations respecting zoning at Muskoka Airport made by the Minister of Transport.
Muskoka Airport Zoning Regulations — 1
1 These Regulations may be cited as the Muskoka Airport Zoning Regulations .
Muskoka Airport Zoning Regulations — 2
2 (1) In these Regulations, airport means the Muskoka Airport at Gravenhurst in the District of Muskoka, in the Province of Ontario; ( aéroport ) airport reference point means the point described in Part I of the schedule; ( point de repère de l’aéroport ) approach surface means an imaginary inclined plane that extends upward and outward from each end of a strip, which approach surface is more particularly described in Part II of the schedule; ( surface d’approche ) Minister means the Minister of Transport; ( ministre ) outer surface means an imaginary surface located above and in the immediate vicinity of the airport, which outer surface is more particularly described in Part III of the schedule; ( surface extérieure ) strip means the rectangular portion of the landing area of the airport, including the runway, prepared for the take-off and landing of aircraft in a particular direction, which strip is more particularly described in Part IV of the schedule; ( bande ) transitional surface means an imaginary inclined plane that extends upward and outward from the lateral limits of a strip and its approach surfaces, which transitional surface is more particularly described in Part V of the schedule. ( surface de transition ) (2) For the purposes of these Regulations, the assigned elevation of the airport reference point is deemed to be 278 m above sea level. SOR/86-1047, s. 1(E)
Muskoka Airport Zoning Regulations — Muskoka Airport Zoning Regulations
airport means the Muskoka Airport at Gravenhurst in the District of Muskoka, in the Province of Ontario; ( aéroport )
Muskoka Airport Zoning Regulations — Muskoka Airport Zoning Regulations
airport reference point means the point described in Part I of the schedule; ( point de repère de l’aéroport )
Muskoka Airport Zoning Regulations — Muskoka Airport Zoning Regulations
approach surface means an imaginary inclined plane that extends upward and outward from each end of a strip, which approach surface is more particularly described in Part II of the schedule; ( surface d’approche )
Muskoka Airport Zoning Regulations — Muskoka Airport Zoning Regulations
Minister means the Minister of Transport; ( ministre )
Muskoka Airport Zoning Regulations — Muskoka Airport Zoning Regulations
outer surface means an imaginary surface located above and in the immediate vicinity of the airport, which outer surface is more particularly described in Part III of the schedule; ( surface extérieure )
Muskoka Airport Zoning Regulations — Muskoka Airport Zoning Regulations
strip means the rectangular portion of the landing area of the airport, including the runway, prepared for the take-off and landing of aircraft in a particular direction, which strip is more particularly described in Part IV of the schedule; ( bande )
Muskoka Airport Zoning Regulations — Muskoka Airport Zoning Regulations
transitional surface means an imaginary inclined plane that extends upward and outward from the lateral limits of a strip and its approach surfaces, which transitional surface is more particularly described in Part V of the schedule. ( surface de transition )
Muskoka Airport Zoning Regulations — 3
3 These Regulations apply to all the lands, including public road allowances, adjacent to or in the vicinity of the airport, which lands are more particularly described in Part VI of the schedule.
Muskoka Airport Zoning Regulations — 4
4 No person shall erect or construct on any land to which these Regulations apply any building, structure or object or any addition to any existing building, structure or object, the highest point of which will exceed in elevation at the location of that point (a) any approach surface; (b) the outer surface; or (c) any transitional surface. SOR/86-1047, s. 2(E)
Muskoka Airport Zoning Regulations — 5
5 Where an object of natural growth on any land to which these Regulations apply exceeds in elevation any of the surfaces referred to in paragraphs 4(a) to (c), the Minister may make a direction that the owner or occupier of the land on which that object is growing remove the excessive growth.
Muskoka Airport Zoning Regulations — 6
6 No owner or occupier of any land to which these Regulations apply shall permit such land or any part of it to be used for the disposal of any waste edible by or attractive to birds.
Muskoka Airport Zoning Regulations — Muskoka Airport Zoning Regulations
The airport reference point is a point marked by a tablet described as DHO Precise BM 278-67 and set horizontally in the north face of the concrete foundation, 1.37 m west of the northeast (front) corner and 24 cm below the siding, of a one storey (metal clad) equipment garage on the property of Muskoka Airways, east side of Highway 11, 6.0 km south of the junction of Highway 11 and the entrance street to the Town of Bracebridge, 2.9 km north of the junction of Highway 11 and Reays Road, 175.3 m south of Muskoka Airways Office and 11.9 m west of the gravel entrance drive.