GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Forces Superannuation Act — C-17 84
Presumption of death 84 (1) If a person who is required to contribute under this Act, or who is entitled to a benefit under this Act or the former Act, has, either before or after the coming into force of this subsection, disappeared under circumstances that, in the opinion of the Minister, raise beyond a reasonable doubt a presumption that the person is dead, the Minister may determine the date for the purposes of this Act and the former Act on which that person’s death is presumed to have occurred, and that person is deemed for all purposes of this Act and the former Act to have died on that date. Change of date (2) If, after the date of a person’s death is determined by the Minister under subsection (1), new information or evidence is received by the Minister that the date of death is different, the Minister may determine a different date of death, in which case the person is deemed for all purposes of this Act and the former Act to have died on that different date. 2003, c. 26, s. 36
Canadian Forces Superannuation Act — C-17 85
Allowances paid to children 85 When a child is entitled to an annual allowance or other amount under this Act, payment of it shall, if the child is less than eighteen years of age, be made to the person having custody and control of the child, or, if there is no person having custody and control of the child, to the person whom the Minister may direct. 2003, c. 26, s. 36
Canadian Forces Superannuation Act — C-17 86
Reservation of unpaid instalments for elective service 86 If a person who has elected under this Act or Part V of the former Act to pay for any period of service and has undertaken to pay for that period of service in instalments ceases to be a member of the regular force or the reserve force, as the case may be, before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the regulations, from any amount payable to them by Her Majesty in right of Canada, including any periodic benefit payable to them under this Act, until such time as all the instalments have been paid, or the person dies, whichever occurs first. 2003, c. 26, s. 36
Canadian Forces Superannuation Act — C-17 87
Recovery of amounts due at time of death 87 When an amount payable by a person into the Superannuation Account, the Canadian Forces Pension Fund or a fund established under regulations made under section 59.1 by reservation from salary or otherwise has become due, but remains unpaid at the time of death, that amount, with interest at four per cent per annum from the time when it became due, may be recovered, in accordance with the regulations, from any allowance payable under this Act to the survivor or children of that person, without prejudice to any other recourse available to Her Majesty with respect to the recovery of it. Any amount so recovered shall be credited to the Superannuation Account or paid into the Canadian Forces Pension Fund or the fund established under regulations made under section 59.1, as the case may be, and is deemed to have been paid into the Superannuation Account, the Canadian Forces Pension Fund or the fund established under regulations made under section 59.1, as the case may be, by that person. 2003, c. 26, s. 36
Canadian Forces Superannuation Act — C-17 88
Retention of amount paid in error 88 If any amount has been paid in error under Part I, I.1 or III on account of any periodic benefit, the Minister may retain by way of deduction from any subsequent payment of that benefit, in accordance with the regulations, an amount equal to the amount paid in error, without prejudice to any other recourse available to Her Majesty with respect to the recovery of the amount paid in error. 2003, c. 26, s. 36
Canadian Forces Superannuation Act — C-17 89
Recovery of debit balance in pay account of former member 89 (1) Any debit balance in the pay account of a former member of the regular force or of the reserve force, as the case may be, may be recovered from any benefit to which they are entitled under this Act or from any amount that becomes payable under this Act to their service estate, whether the debit balance existed at the time of their retirement or was ascertained after that time. Manner of recovery (2) Recovery of a debit balance pursuant to this section shall be effected in the manner and to the extent that may be prescribed by the regulations, but, in the case of any benefit to which a former member of the regular force or of the reserve force, as the case may be, is entitled under this Act, such recovery shall not be effected unless notice of the existence of the debit balance and the amount of it has been given to them, or has been forwarded by registered mail addressed to them at their latest known address. 2003, c. 26, s. 36
Canadian Forces Superannuation Act — C-17 90
Diversion of payments to satisfy financial support order 90 (1) When any court in Canada of competent jurisdiction has made an order requiring a recipient to pay financial support, amounts payable under Part I, I.1 or III to that recipient 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 . Where recipient unable to manage own affairs (2) If, for any reason, a recipient is unable to manage their own affairs, or where the recipient is incapable of managing their own affairs and there is no person entitled by law to act as the recipient’s committee, the Receiver General may pay to any person designated by the Minister to receive payment on behalf of the recipient any amount that is payable to the recipient under Part I, I.1 or III. Payment deemed to be to recipient (3) For the purposes of Parts I, I.1 and III, any payment made by the Receiver General pursuant to subsection (1) or (2) is deemed to be a payment to the recipient in respect of whom the payment was made. Definition (4) For the purposes of this section, recipient means a person to whom any amount is or is about to become payable under Part I, I.1 or III. 2003, c. 26, s. 36
Canadian Forces Superannuation Act — C-17 91
Remission of overpayments 91 If a person has received or obtained an overpayment and the Minister is satisfied that (a) the overpayment cannot be recovered within the reasonably foreseeable future, (b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered, or (c) repayment of the overpayment would cause undue hardship to the person, the Minister may, unless that person has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment. 2003, c. 26, s. 36
Canadian Forces Superannuation Act — C-17 92
Remedial action in case of error 92 If the Minister is satisfied that, as a result of erroneous advice or administrative error in the administration of this Act, a person has failed to make an election or exercise an option under this Act, the Minister may take any remedial action that the Minister considers appropriate to permit that person to make that election or exercise that option, as the case may be, on any terms and conditions that the Minister may determine, including as to the time for making the election or exercising the option and any amount payable in respect of the election. 2003, c. 26, s. 36
Canadian Forces Superannuation Act — C-17 93
Request for reconsideration 93 (1) A person who is dissatisfied with any decision made under this Act that affects their benefits, or their entitlement to benefits, under this Act may, within 90 days after the day on which the dissatisfied party was notified of the decision, or within any longer period that the Minister may either before or after the expiration of those 90 days allow, make a request to the Minister in the form and manner prescribed by regulation for a reconsideration of that decision. Reconsideration by Minister (2) The Minister shall reconsider any decision referred to in subsection (1) and may confirm or vary it and shall in writing notify the person who made the request under that subsection of the Minister’s decision and of the reasons for it. 2003, c. 26, s. 36
Canadian Forces Superannuation Act — C-17 94
Power of Minister 94 The Minister may use electronic means to create, communicate, make available, collect, receive, store or otherwise deal with documents or information under this Act. 2008, c. 28, s. 149
Canadian Forces Superannuation Act — C-17 95
Regulations — electronic means 95 (1) The Governor in Council may make regulations (a) respecting the use of electronic means to create, communicate, make available, collect, receive, store or otherwise deal with a document or information under this Act, including (i) the technology or process, and the format, to be used, (ii) the place where an electronic document is to be made or sent, (iii) the time and circumstances when an electronic document is considered to be sent or received and the place where it is considered to have been sent or received, (iv) the technology or process to be used to make or verify an electronic signature and the manner in which the signature is to be used, and (v) the circumstances in which an electronic document must be signed with an electronic signature or a secure electronic signature; and (b) providing that a requirement under a provision of this Act to provide a document or information by non-electronic means is satisfied by the provision of an electronic document if the prescribed conditions, if any, have been complied with. Personal Information Protection and Electronic Documents Act (2) In subsection (1), electronic document , electronic signature and secure electronic signature have the same meaning as in subsection 31(1) of the Personal Information Protection and Electronic Documents Act . 2008, c. 28, s. 149
Canadian Forces Superannuation Act — C-17 67
Return of contributions 67 A contributor who ceases to be a member of the regular force, as defined in subsection 2(1) of the Canadian Forces Superannuation Act , and is not entitled to an immediate annuity under Part I of that Act is entitled, at their option, exercised in accordance with the regulations under that Act, to a return of contributions if they have been a member continuously from the day immediately before the coming into force of this section until the day on which they ceased to be a member and they ceased to be a member of the regular force before the earliest of (a) the day that is two years after the coming into force of this section, (b) the day on which they have 20 years of service in the regular force that counts as pensionable service, and (c) the day on which they have reached the retirement age that is fixed by the regulations made under the National Defence Act as the retirement age applicable to their rank and have not less than 10 years of service in the regular force that counts as pensionable service.
Canadian Forces Superannuation Act — C-17 68
Child resuming attendance at school or university 68 If, before the coming into force of subsection 25(5) of the Canadian Forces Superannuation Act , as enacted by section 15 of this Act, payment of an allowance to a person ceased because, not being in full-time attendance at a school or university, that person was not a child within the meaning of paragraph 25(4)(b) of that Act, as that provision read before that coming into force, payment of the allowance to the person shall be resumed from the day that the person is a child within the meaning of paragraph 25(5)(b) of that Act, as enacted by section 15 of this Act, but in no case shall payment be made under this section from a day that is earlier than that coming into force.
Canadian Forces Superannuation Act — C-17 184
Retroactive coming into force 184 Despite subsection 109(1) of An Act to amend certain Acts in relation to pensions and to enact the Special Retirement Arrangements Act and the Pension Benefits Division Act , chapter 46 of the Statutes of Canada, 1992, (in this section referred to as the “amending Act”) and Order in Council P.C. 1994-2097, made on December 14, 1994 and registered as SI/94-146, (a) subsections 2(4) and 6(2), sections 8, 11 and 18, subsection 33(2), sections 40 and 41, subsection 48(1) and sections 61, 68 and 70 of the amending Act are deemed to have come into force on December 15, 1994; ... (c) paragraph 50.1(1)(a) of the Canadian Forces Superannuation Act , as enacted by section 49 of the amending Act, is deemed to have come into force on December 15, 1994;
Canadian Forces Superannuation Act — C-17 26
26 (3) The portion of paragraph (a) of the definition salary in subsection 60(1) of the Act before subparagraph (i) is replaced by the following: (a) in the case of a participant who is a member of the regular force, the greater of
Canadian Institutes of Health Research Act — C-18.1
that Canadians value health as central to happiness and fulfilment, and aspire to be among the healthiest people in the world,
Canadian Institutes of Health Research Act — C-18.1
that Canada should be an internationally acknowledged leader in contributing to the global advancement of health research and that excellence in health research is fundamental to improving the health of Canadians and of the wider global community, and
Canadian Institutes of Health Research Act — C-18.1
that investment in health and the health care system is part of the Canadian vision of being a caring society;
Canadian Institutes of Health Research Act — C-18.1
WHEREAS Parliament recognizes that the provinces are responsible for the delivery of health care to Canadians and that the Government of Canada collaborates with provincial governments to support the health care system and health research;
Canadian Institutes of Health Research Act — C-18.1
WHEREAS Parliament believes that health research should
Canadian Institutes of Health Research Act — C-18.1
address the respective health issues of children, women and men and of the diverse populations of Canada,
Canadian Institutes of Health Research Act — C-18.1
be characterized by a transparent approach that facilitates accountability to Canadians, and
Canadian Institutes of Health Research Act — C-18.1
WHEREAS Parliament is cognizant of an historic opportunity to transform health research in Canada through the creation of the Canadian Institutes of Health Research as a flexible mechanism that will continually align health research funding with changes in the manner in which health problems and opportunities are identified, understood and addressed;
Canadian Institutes of Health Research Act — C-18.1
WHEREAS Parliament believes that health research institutes should be created to coordinate, focus and integrate health research based on
Canadian Institutes of Health Research Act — C-18.1
an understanding of the multi-factorial nature of health problems and opportunities,
Canadian Institutes of Health Research Act — C-18.1
the involvement and recognition of, and respect for, health researchers from all research disciplines, and the cooperation of a wide range of partners from all relevant sectors, the provinces and other countries,
Canadian Institutes of Health Research Act — C-18.1
the attraction of the best health researchers in Canada and the world and their development and retention in Canada,
Canadian Institutes of Health Research Act — C-18.1
the creation of new scientific knowledge based on research that meets the highest international standards of excellence, and
Canadian Institutes of Health Research Act — C-18.1
the application of that knowledge to the development and implementation of innovative policy and practice;
Canadian Institutes of Health Research Act — C-18.1
WHEREAS Parliament understands that this transformation in health research can build on the legacy of excellence in health research already established in Canada, including the decisive contributions of the Medical Research Council and the National Health Research and Development Program, while understanding that the institutions, technologies and environment for health research have become more varied and complex than in the past;
Canadian Institutes of Health Research Act — C-18.1
WHEREAS Parliament recognizes that this transformation in Canadian health research will also enhance economic development in Canada and promote growth and job creation in key sectors of the knowledge-based economy;
Canadian Institutes of Health Research Act — C-18.1
AND WHEREAS Parliament believes that the Canadian Institutes of Health Research will provide the leadership required for this transformation and the continuing success of health research in Canada;
Canadian Institutes of Health Research Act — C-18.1
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Canadian Institutes of Health Research Act — C-18.1 1
Short title 1 This Act may be cited as the Canadian Institutes of Health Research Act .
Canadian Institutes of Health Research Act — C-18.1 2
Definition of Minister 2 In this Act, Minister means the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council for the purposes of this Act.
Canadian Institutes of Health Research Act — C-18.1 3
Canadian Institutes of Health Research 3 (1) There is hereby established a corporation, to be known as the Canadian Institutes of Health Research, in this Act referred to as the “CIHR”. Agent of Her Majesty (2) The CIHR is an agent of Her Majesty in right of Canada. Head office (3) The head office of the CIHR shall be at the place in Canada that is designated by the Governor in Council.
Canadian Institutes of Health Research Act — C-18.1 5
Powers and functions 5 For the purpose of achieving its objective, the powers and functions of the CIHR are to (a) promote, assist and undertake health research; (b) foster the development and ongoing support of the scientific careers of women and men in health research; (c) consult, collaborate and form partnerships with the provinces and with persons and organizations in or outside Canada that have an interest in issues pertaining to health or health research; (d) monitor, analyze and evaluate issues, including ethical issues, pertaining to health or health research; (e) advise the Minister in respect of any matter relating to health research or health policy; (f) communicate with the public, governments, the Canadian and the international research communities, voluntary organizations and the private sector on issues pertaining to health or health research; and (g) exercise any other power and perform any other function that is assigned to it by the Governor in Council to achieve its objective.
Canadian Institutes of Health Research Act — C-18.1 6
President 6 The President of the CIHR shall be appointed by the Governor in Council to hold office during pleasure for a term of not more than five years. The President is eligible for reappointment.
Canadian Institutes of Health Research Act — C-18.1 7
Governing Council 7 (1) The Governing Council of the CIHR shall consist of not more than 18 members, including the Chairperson appointed under subsection (3.1). Appointment and tenure of members (2) Subject to section 8, each initial member of the Governing Council shall be appointed by the Governor in Council to hold office for any term of not more than three years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one third of the members. Subsequently appointed members shall be appointed by the Governor in Council for a three-year term. Removal and reappointment (3) Except for the Chairperson appointed under subsection (3.1), the members shall be appointed to hold office during pleasure and may be appointed to no more than two consecutive terms. Chairperson (3.1) Subject to subsection (3.2), the Governor in Council shall appoint a Chairperson to hold office during pleasure for a term of not more than five years. The Chairperson is eligible for reappointment. Ineligibility for appointment (3.2) The President is not eligible to be appointed as the Chairperson. Appointment criteria (4) The Governor in Council shall appoint as members of the Governing Council women and men who are able to contribute to the achievement of the objective of the CIHR in the overall interests of Canadians. The Governor in Council shall consider appointing women and men who reflect the highest standards of scientific excellence and women and men who reflect a range of relevant backgrounds and disciplines. 2000, c. 6, s. 7; 2010, c. 12, s. 1693; 2018, c. 12, s. 250
Canadian Institutes of Health Research Act — C-18.1 8
President and Deputy Minister of Health 8 The President and the Deputy Minister of Health are ex officio and non-voting members of the Governing Council. 2000, c. 6, s. 8; 2018, c. 12, s. 251
Canadian Institutes of Health Research Act — C-18.1 9
Vice-Chairperson 9 (1) The Governing Council shall elect a Vice-Chairperson from among its members, other than the President and the Deputy Minister of Health. Absence or incapacity (2) In the event of the absence or incapacity of the Chairperson or if the office of the Chairperson is vacant, the Vice-Chairperson has and may exercise all the powers and perform all the duties and functions of the Chairperson. 2000, c. 6, s. 9; 2018, c. 12, s. 251
Canadian Institutes of Health Research Act — C-18.1 10
Establishing committees 10 (1) The Governing Council (a) may establish by by-law an executive committee and other committees of the Governing Council; and (b) shall establish by by-law one or more standing committees to advise the Governing Council with respect to the full range of health research, and in particular for the purposes of paragraphs 4(d) and (e). Membership (2) A by-law establishing a committee, other than an executive committee, may provide for the committee’s membership to include persons who are not members of the Governing Council. Fees (3) The members of a committee who are not members of the Governing Council may be paid for their services the fees that are fixed by the Governor in Council.
Canadian Institutes of Health Research Act — C-18.1 11
Meetings 11 The Governing Council may meet at the times and at the places in Canada that it considers necessary, but it shall meet at least twice a year.
Canadian Institutes of Health Research Act — C-18.1 12
President 12 The President (a) shall be paid the remuneration that may be fixed by the Governor in Council; (b) is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and the regulations made under section 9 of the Aeronautics Act ; and (c) is entitled to be reimbursed for reasonable travel and living expenses incurred by the President in the course of performing the President’s duties while absent from the President’s ordinary place of work. 2000, c. 6, s. 12; 2003, c. 22, s. 138(E); 2018, c. 12, s. 252(F)
Canadian Institutes of Health Research Act — C-18.1 13
Members of the Council 13 Each appointed member of the Governing Council (a) shall be paid the fees that may be fixed by the Governor in Council for attendance at meetings of the Governing Council or any of its committees or for the performance of other duties; (b) is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and the regulations made under section 9 of the Aeronautics Act ; and (c) is entitled to be reimbursed for reasonable travel and living expenses incurred by the member in the course of performing their duties while absent from their ordinary place of residence. 2000, c. 6, s. 13; 2003, c. 22, s. 224(E)