GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Division of Judges’ Annuity Benefits Regulations — 14
Information to be provided 14 (1) The information that the Minister is to provide in response to a request is the following: (a) the date on which the information is prepared; (b) the date on which the judge (i) would be granted or paid an annuity under subsection 42(1) or (1.1) of the Act if he or she ceased to hold office, (ii) would have been granted or paid an annuity under paragraph 42(1)(a), (b) or (c) or 42(1.1)(a) of the Act if he or she had ceased to hold office and had not been granted an earlier annuity under paragraph 42(1.1)(b) of the Act, or (iii) was granted or paid an annuity under subsection 42(1) or (1.1) or section 43.1 of the Act; (c) the period subject to division; (d) if, on the date on which the information is prepared, the judge would not be granted or paid an annuity if he or she ceased to hold office or if, on valuation day, as determined in accordance with section 19, the judge would not have been granted or paid an annuity if he or she had ceased to hold office, the amount of contributions made by him or her under section 50 of the Act during the period subject to division and the interest on the contributions calculated under subsection 51(4) of the Act; (e) an estimate of the amount of the annuity that the judge would be granted or paid if he or she ceased to hold office on the last day of the period subject to division or that he or she would have been granted or paid if he or she had ceased to hold office on valuation day, as determined in accordance with section 19; and (f) an estimate of the share of annuity benefits that would be determined in accordance with subsection 52.14(1) of the Act on valuation day, as determined in accordance with section 19 . Period during which interested parties cohabited (2) For the determination of the period subject to division referred to in paragraph (1)(c), if no division of annuity benefits between the interested parties has been approved by the Minister and if the period during which the interested parties cohabited is not specified in a court order or agreement, the period during which the interested parties cohabited begins and ends on the dates stated in the statutory declaration referred to in subsection 13 (3). If the judge and the spouse, former spouse or common-law partner have not ceased to cohabit, the period ends on the last day of the month before the month in which the request is made. Approval of division of annuity benefits (3) If a division of annuity benefits between the interested parties has been approved by the Minister, the period during which the interested parties cohabited is the period that was determined for the purposes of the division. SOR/2019-103, s. 6
Division of Judges’ Annuity Benefits Regulations — 15
Request may be refused 15 The Minister may refuse a request for information if a similar request made by the same person has been responded to within the preceding 12 months unless, since that previous request, (a) the judge and that person have ceased to cohabit; (b) the judge or that person has begun proceedings in relation to separation, divorce or annulment of marriage; (c) the judge and that person have entered into an agreement or have obtained a court order; or (d) the years of service as a judge included in the period subject to division have been amended.
Division of Judges’ Annuity Benefits Regulations — 16
Notice of error — interested party or common-law partner 16 (1) If the judge, spouse, common-law partner, former spouse or former common-law partner believes that an administrative error has been committed or that erroneous information has been provided to him or her in the administration of these Regulations or sections 52.1 to 52.21 of the Act and that the error or the erroneous information is likely to affect his or her rights under the Act, he or she may notify the annuity administrator of the error or erroneous information. Notice of error — annuity administrator (2) If the annuity administrator agrees — or becomes aware — that an administrative error has been committed or that erroneous information has been provided in the administration of these Regulations or sections 52.1 to 52.21 of the Act and if the error or the erroneous information is likely to affect the judge’s, spouse’s, common-law partner’s, former spouse’s or former common-law partner’s rights under the Act, the annuity administrator must without delay notify the following persons: (a) if a request for information has been made under section 52.21 of the Act, the person who made it; and (b) if an application has been made, the interested parties. Correction (3) The notice by the annuity administrator must contain the corrected information. It must also be accompanied by a revised notice of the division of annuity benefits if the notice of the division of annuity benefits referred to in subsection 52.14(9) of the Act has been sent already, but no share of the annuity benefits has been accorded under subsection 52.15(1) of the Act. According of share delayed (4) No share of the annuity benefits may be accorded under subsection 52.15(1) of the Act after the revised notice of the division is sent and before the expiry of the time period set out in section 17 .
Division of Judges’ Annuity Benefits Regulations — 17
Withdrawal of application or cancellation of election 17 Within 30 days after the day on which the revised notice of the division of annuity benefits is sent (a) the applicant may withdraw the application by sending a notice to the annuity administrator; or (b) a spouse, former spouse or former common-law partner may, by sending a notice to the annuity administrator, cancel the election that he or she made under subsection 52.14(4) of the Act before the revised notice was received or make an election under that subsection.
Division of Judges’ Annuity Benefits Regulations — 18
Date share of annuity benefits is to be accorded 18 As soon as the annuity administrator has received all of the necessary documents and information, he or she must set the earliest practicable date for according the share of the annuity benefits to the spouse, former spouse or former common-law partner.
Division of Judges’ Annuity Benefits Regulations — 19
Valuation day 19 (1) For the purposes of sections 20 to 23 , 25 , 27 and 28 , valuation day is the day on which the share of the annuity benefits to be accorded to the spouse, former spouse or former common-law partner is determined and it corresponds, in the following cases, to the earlier of the expected date for according the share and the 90th day after the approval of the division of annuity benefits by the Minister: a) the judge’s spouse, former spouse or former common-law partner does not make the election under subsection 52.14(4) of the Act; or b) the judge’s spouse, former spouse or former common-law partner makes that election and the time described in that subsection falls no later than the 90th day after the approval by the Minister. Valuation day — election under subsection 52.14(4) of the Act (2) If the judge’s spouse, former spouse or former common-law partner makes the election under subsection 52.14(4) of the Act and the time described in that subsection falls after the 90th day after the approval of the division of annuity benefits by the Minister, valuation day corresponds to the earlier of the expected date for according the share and the 30th day after the time described in that subsection.
Division of Judges’ Annuity Benefits Regulations — 20
Interest 20 The share of the annuity benefits to be accorded to the spouse, former spouse or former common-law partner bears interest from the 31st day after valuation day until the day before the day on which it is accorded at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act.
Division of Judges’ Annuity Benefits Regulations — 21
Rules to be followed 21 The following rules apply to the valuation of the share of the annuity benefits to be accorded to the spouse, former spouse or former common-law partner: (a) the actuarial valuation report is the actuarial report on the pension plan for federally appointed judges most recently laid before Parliament under section 9 of the Public Pensions Reporting Act before valuation day or, if that report was laid before Parliament in the month in which valuation day falls or in the preceding month, the preceding report that was laid before Parliament; (b) prior divisions of annuity benefits are not taken into account; (c) the date on which payment of the annuity is expected to begin and the dates on which the judge might cease to hold office are determined in accordance with the actuarial assumptions that were used in the preparation of the actuarial valuation report; (d) the judge’s expected date of retirement is determined as of valuation day on the basis of the retirement rates that were used in the preparation of the actuarial valuation report, and this rule also applies for the purposes of subsection 52.14(2) of the Act; and (e) the salary annexed to the office held by the judge on the last day of the period subject to division is the salary that is actually annexed to the office held by the judge on that day or, if applicable, the salary referred to in subsection 43(1) or (2) of the Act, and it includes any annual adjustment or revision that is to apply on or before that day under an Act that comes into force no later than valuation day.
Division of Judges’ Annuity Benefits Regulations — 22
Annuity attributed to period subject to division 22 For the purposes of paragraph 52.14(1)(a) of the Act, the annuity that is attributed to the period subject to division is equal to (a) if the judge holds office on valuation day, the total of (i) the amount of the annuity that would be granted or paid to him or her on retirement, if that annuity were determined on the basis of the dates on which he or she might cease to hold office and the salary annexed to the office held by him or her on the last day of the period subject to division, and (ii) the amount of the supplementary retirement benefits that would be added to that annuity under the Supplementary Retirement Benefits Act from the day after the last day of the period subject to division until the date on which payment of the annuity is expected to begin, if that Act applied to the judge during that time; (b) if the judge ceased to hold office after the last day of the period subject to division but before valuation day, the total of (i) the amount of the annuity that would have been granted or paid to him or her on the day on which he or she ceased to hold office, if that annuity had been determined on the basis of the salary annexed to the office held by him or her on the last day of the period subject to division, and (ii) the amount of the supplementary retirement benefits that would have been added to that annuity under the Supplementary Retirement Benefits Act from the day after the last day of the period subject to division until valuation day, if that Act had applied to the judge during that entire time; (c) if the period subject to division ended as a result of the judge ceasing to hold office for a reason other than the infirmity referred to in paragraph 42(1.1)(b) of the Act, the total of (i) the amount of the annuity that was granted or paid to him or her on the day on which he or she ceased to hold office, and (ii) the amount of the supplementary retirement benefits that were added to that annuity under the Supplementary Retirement Benefits Act from the day after the last day of the period subject to division until valuation day; (d) if the period subject to division ended as a result of the judge ceasing to hold office by reason of the infirmity referred to in paragraph 42(1.1)(b) of the Act, the total of (i) the amount referred to in subparagraph (c)(i), and (ii) the amount of the supplementary retirement benefits that were or would have been added to the annuity under the Supplementary Retirement Benefits Act from the day after the last day of the period subject to division until the later of valuation day and the day that would have been the judge’s expected date of retirement had the infirmity not occurred; or (e) if the judge ceased to hold office after the last day of the period subject to division, but before valuation day by reason of the infirmity referred to in paragraph 42(1.1)(b) of the Act, the total of (i) the amount referred to in subparagraph (b)(i), and (ii) the amount of the supplementary retirement benefits referred to in subparagraph (d)(ii). SOR/2019-103, s. 7
Division of Judges’ Annuity Benefits Regulations — 23
Value of annuity attributed to period subject to division 23 For the purposes of paragraph 52.14(1)(a) of the Act, the value of the annuity attributed to the period subject to division is equal to the actuarial present value of the annuity on valuation day, determined in accordance with the following rules and taking into account the death benefit provided for in subsection 51(3) of the Act: (a) in respect of the period during which the judge holds office, the rates of disability, retirement and mortality, including mortality projection factors, are those that were used in the preparation of the actuarial valuation report; (b) in respect of the period beginning on the day after the day on which the judge ceases to hold office, the rates of mortality are those set out in an appendix to the actuarial valuation report; (c) the interest rates are the interest rates for fully indexed pensions, determined in accordance with the section entitled “Pension Commuted Values” of the Standard of Practice — Practice-Specific Standards for Pension Plans , published by the Canadian Institute of Actuaries, as amended from time to time; (d) any benefits that are or may become payable to the judge’s spouse, common-law partner or children on the judge’s death are excluded; (e) if the judge died after the end of the period subject to division but before valuation day, he or she is deemed to have been alive on valuation day; (f) if the judge ceased to hold office before valuation day, the determination must take into account only the annuity benefits payable to him or her beginning on that day and, if the judge still holds office on valuation day, only those payable to him or her beginning on the dates on which he or she might cease to hold office; and (g) if the judge ceased to hold office by reason of the infirmity referred to in paragraph 42(1.1)(b) of the Act, the determination must take into account only the annuity benefits payable to him or her beginning on the later of valuation day and the day that would have been his or her expected date of retirement had the infirmity not occurred. SOR/2019-103, s. 8
Division of Judges’ Annuity Benefits Regulations — 24
Value of annuity — transfer to retirement savings plan 24 For the purpose of the description of D in subsection 52.15(2) of the Act, the portion of the annuity that is attributed to the period subject to division is the amount determined by the formula A × B/C where A is the amount of the annuity that would have been granted or paid to the judge if he or she had ceased to hold office on the last day of the period subject to division and had been eligible to be granted or paid an annuity on that day under section 42 or 43.1 of the Act; B is the period subject to division; and C is the judge’s period of service as a judge, rounded to the nearest one tenth of a year, beginning on the effective date of his or her first appointment under the Act and ending (a) on the day after the last day of the period subject to division, or (b) if he or she ceased to hold office by reason of the infirmity referred to in paragraph 42(1.1)(b) of the Act, on the earlier of the day after the last day of the period during which the interested parties cohabited and the day that would have been his or her expected date of retirement had the infirmity not occurred. SOR/2019-103, s. 9
Division of Judges’ Annuity Benefits Regulations — 25
When adjustment made 25 (1) The adjustment referred to in subsection 52.14(8) of the Act is to be made as soon as practicable after a share of the annuity benefits has been accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act if the judge has ceased to hold office or, if the judge has not ceased to hold office, as soon as practicable after he or she ceases to hold office. When adjustment takes effect (2) The adjustment takes effect on the earlier of (a) as the case may be (i) the day on which the amount referred to in subsection 51(1) of the Act is paid, or (ii) the day on which the first monthly annuity instalment reflecting the adjusted amount of the annuity is paid; and (b) the 60th day after the later of (i) the later of valuation day and the day on which the judge ceases to hold office, and (ii) if the judge has opted to receive a deferred annuity, the day on which he or she reaches 60 years of age. When adjustment made — infirmity (3) If, however, the period subject to division ended as a result of the judge ceasing to hold office by reason of the infirmity referred to in paragraph 42(1.1)(b) of the Act or if, after the last day of that period and before valuation day, the judge ceased to hold office by reason of that infirmity, the adjustment is to be made as soon as practicable after the day that would have been his or her expected date of retirement, determined in accordance with paragraph 21(d), had the infirmity not occurred. When adjustment takes effect — infirmity (4) The adjustment takes effect on the earlier of (a) the day on which the first monthly annuity instalment reflecting the adjusted amount of the annuity is paid; and (b) the 60th day after the later of valuation day and the day that would have been the judge’s expected date of retirement, determined in accordance with paragraph 21 (d), had the infirmity not occurred. SOR/2019-103, s. 10
Division of Judges’ Annuity Benefits Regulations — 26
Return of contributions — deductions 26 If, on the day on which the judge ceases to hold office, he or she is not granted or paid an annuity, there must be deducted from the amount to be paid to him or her under subsection 51(1) of the Act (a) if the share of the annuity benefits that was accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act is expressed as a percentage in the court order or agreement, the amount of the share that he or she was entitled to be accorded, together with interest calculated in accordance with subsection 51(4) of the Act beginning on the day after the last day of the period subject to division and ending on the day on which the adjustment takes effect; or (b) if the share is expressed as a lump sum in the court order or agreement, the lesser of (i) an amount equal to 50% of the contributions paid during the period subject to division together with interest calculated in accordance with subsection 51(4) of the Act beginning on the first day of that period and ending on the day on which the adjustment takes effect, and (ii) the lump sum. SOR/2019-103, s. 11
Division of Judges’ Annuity Benefits Regulations — 28
d have been added to that annuity under the Supplementary Retirement Benefits Act from the day after that day until the day on which the adjustment takes effect if that Act had applied to the judge during that time, and (ii) the amount of the annuity to which the judge is entitled, together with the amount of the supplementary retirement benefits that were added to that annuity under the Supplementary Retirement Benefits Act from the day after the day on which he or she ceased to hold office until the day on which the adjustment takes effect, B is 50% or, if a lesser share referred to in paragraph 52.14(1)(b) of the Act applies, the percentage by which the lesser share is expressed, and C is the quotient referred to in paragraph 52.14(2)(b) of the Act, calculated again as of valuation day; and (b) if the share of the annuity benefits is expressed as a lump sum in the court order or agreement, the amount determined by the formula A × B where A is the amount that would be determined under paragraph (a) if the description of B was 50%, and B is the quotient, not exceeding one, obtained by dividing the lump sum by the amount that would have been accorded to the spouse, former spouse or former common-law partner if the amount representing 50% set out in paragraph 52.14(1)(a) of the Act had applied. SOR/2019-103, s. 13
Division of Judges’ Annuity Benefits Regulations — 29
How documents must be sent 29 All applications, documents and notices must be in written form and sent by registered mail but notices referred to in subsections 11 (1) and (3), section 12 , subsection 16 (1) and section 17 may be sent by electronic means.
Division of Judges’ Annuity Benefits Regulations — S.C. 2006, c. 11
S.C. 2006, c. 11 * 30 These Regulations come into force on the day on which sections 13 and 15 of An Act to amend the Judges Act and certain other Acts in relation to courts , chapter 11 of the Statutes of Canada, 2006, come into force. * [Note: Regulations in force October 1, 2008, see SI/2008-96.]
PCB Regulations — a
Whereas, pursuant to subsection 332(1) a of the Canadian Environmental Protection Act, 1999 b , the Minister of the Environment published in the Canada Gazette , Part I, November 4, 2006, a copy of the proposed PCB Regulations , substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection; a S.C. 2004, c. 15, s. 31 b S.C. 1999, c. 33
PCB Regulations — c
Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6 c of that Act; c S.C. 2002, c. 7, s. 124
PCB Regulations — PCB Regulations
And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;
PCB Regulations — PCB Regulations
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) and section 97 of the Canadian Environmental Protection Act, 1999 b , hereby makes the annexed PCB Regulations.
PCB Regulations — PCB Regulations
Act means the Canadian Environmental Protection Act, 1999 . ( Loi )
PCB Regulations — PCB Regulations
authorized facility means a facility, including a transfer site, that is authorized by the authorities of the jurisdiction in which it is located to process PCBs or products containing PCBs or to conduct laboratory analysis or research with PCBs or products containing PCBs. ( installation agréée )
PCB Regulations — PCB Regulations
military equipment means equipment that is designed to be used in a combat or combat support function. ( pièce d’équipement militaire )
PCB Regulations — PCB Regulations
National Fire Code means the National Fire Code of Canada 2005, NRCC No. 47667, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, as amended from time to time. ( Code national de prévention des incendies )
PCB Regulations — PCB Regulations
PCB means a chlorobiphenyl described in item 1 of Part 1 of Schedule 1 to the Act. ( BPC )