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Bill C-18

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C-18
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-18
An Act to amend the Royal Canadian Mounted Police Superannuation Act, to validate certain calculations and to amend other Acts
first reading, March 9, 2009
MINISTER OF PUBLIC SAFETY

90491

RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Royal Canadian Mounted Police Superannuation Act, to validate certain calculations and to amend other Acts”.
SUMMARY
This enactment amends the Royal Canadian Mounted Police Superannuation Act to add the provisions necessary for the implementation of amendments made to that Act by the Public Sector Pension Investment Board Act that relate to elective service and pension transfer agreements. It also brings into force certain provisions enacted by the Public Sector Pension Investment Board Act. Finally, the enactment validates certain calculations and amends other Acts.

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2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-18
An Act to amend the Royal Canadian Mounted Police Superannuation Act, to validate certain calculations and to amend other Acts
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. R-11
ROYAL CANADIAN MOUNTED POLICE SUPERANNUATION ACT
1. The headings before section 3 of the Royal Canadian Mounted Police Superannu- ation Act are replaced by the following:
INTERPRETATION
2. (1) The portion of subsection 3(1) of the Act before the definition “active service” is replaced by the following:
Definitions
3. (1) In this Act,
(2) The definitions “active service”, “disabled”, “member of the Force”, “service in the Force”, “World War I” and “World War II” in subsection 3(1) of the Act are replaced by the following:
“active service”
« activité de service »
“active service” means any service that is specified in the regulations to be active service and is deemed for the purposes of this Act to have terminated on discharge or, in the case of a person who underwent treatment in a veterans’ hospital, as defined in the regulations, immediately following their discharge, on their release from that hospital;
“disabled”
« invalide »
“disabled”, except in Part II, as applied to any member of the Force, means incapable, by reason of any condition, of performing their duties as a member of the Force, and, for the purposes of section 12 as applied to any person, means ordinarily incapable, by reason of any condition, of pursuing any substantially gainful occupation;
“member of the Force”
« membre de la Gendarmerie »
“member of the Force” means a member of the Force, as those terms are defined in the Royal Canadian Mounted Police Act, holding a rank in the Force, and any other member of the Force, as those terms are defined in that Act, of a class designated in accordance with the regulations for the purposes of this Act;
“service in the Force”
« service dans la Gendarmerie »
“service in the Force” includes any period of service
(a) as a special constable of the Force before April 1, 1960,
(b) as a police officer that is counted as pensionable service under subsection 24.1(9),
(c) as a police officer that is described in clause 6(b)(ii)(A) or (L) if the contributor elects to pay for that service, and
(d) as a police officer or as a member of the Force that forms part of any period of service described in any of clauses 6(b)(ii)(H), (I), (O) and (P) if the contributor elects to pay for that service;
“World War I”
« Première Guerre mondiale »
“World War I” means the war that was declared on August 4, 1914 and that is deemed, for the purposes of this Act, to have terminated on August 31, 1921;
“World War II”
« Seconde Guerre mondiale »
“World War II” means the war that was declared on September 10, 1939 and that is deemed, for the purposes of this Act, to have terminated on September 30, 1947.
2003, c. 22, par. 225(z.21)(E)
(3) Subsections 3(2) and (3) of the Act are replaced by the following:
References to Canadian Forces Superannuation Act
(2) A reference in this Act to the Canadian Forces Superannuation Act includes a reference to any other Act of Parliament in force either before or after April 1, 1960 providing for the payment of pensions to members of the Canadian Forces based on length of service.
Persons employed under Royal Canadian Mounted Police Act
(3) For the purposes of this Act, the Public Service Superannuation Act and the Canadian Forces Superannuation Act, a person who is employed under the authority of the Royal Canadian Mounted Police Act but who is not a member of the Force is deemed to be employed in the public service, and any period of service of a person during which they were employed under the authority of that Act but were not a member of the Force or during which they were a person to whom Part VII of the former Act applied is deemed to be a period of service during which they were employed in the public service.
3. The Act is amended by adding the following after section 3:
PART I
SUPERANNUATION
4. Subsection 10(4) of the Act is amended by adding the following after paragraph (a):
(b) a person who has to their credit pensionable service that includes any period described in any of clauses 6(b)(ii)(L), (O) and (P) and subsection 24.1(9) is deemed to have received during that period the annual rate of pay that is fixed by or determined in the manner prescribed by the regulations.
2003, c. 26, s. 45(4)
5. (1) Subsection 11(11) of the Act is replaced by the following:
Return of contributions
(11) Despite anything in this section, except as provided for in subsection (2), (7), (8), (10) or (11.1), a contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of paragraph (7)(a) is entitled only to a return of contributions.
Entitlement to deferred annuity
(11.1) A contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of paragraph (7)(a) is entitled to a deferred annuity if they
(a) have to their credit two or more years of pensionable service in respect of which they have made an election under subsection 24(5) or under any regulations made under subsection 27(2); and
(b) are not entitled to an immediate annuity.
(2) Section 11 of the Act is amended by adding the following after subsection (12):
Service in Force
(13) For the purposes of this section, in calculating the length of service in the Force of a contributor, there shall not be included any period of service in respect of which they were paid a return of contributions or other lump sum payment under this Part and for which they did not elect to pay.
6. The Act is amended by adding the following after section 12.1:
Return of contributions
12.2 (1) Any return of contributions to which a contributor is entitled shall be paid in accordance with section 12.1 in respect of any period of service that is included in the contributor’s pensionable service and in respect of which
(a) a payment has been made into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund
(i) under an agreement entered into under section 24.1, or
(ii) in respect of an election made by a contributor under this Part; and
(b) at the time the payment was made, the Pension Benefits Standards Act, 1985 or a substantially similar provincial law required the locking-in of contributions.
Deeming
(2) For the purposes of this section, paragraph (b) of the definition “return of contributions” in subsection 9(1) is deemed to include a reference to the total payment made under an agreement entered into under section 24.1 or in respect of an election made by a contributor under this Part.
Commuted value or transfer value
12.3 If a contributor is entitled to a return of contributions in respect of any period of service for which the contributor has made an election referred to in clause 6(b)(ii)(O), the return of contributions in respect of that period shall be paid in accordance with section 12.1.
7. Paragraph 26(d) of the Act is replaced by the following:
(d) prescribing the circumstances under which and the terms and conditions on which an election under this Part may be revoked by any elector, either in whole or in part, and a new election made or deemed to have been made under this Part;
1999, c. 34, s. 194(1)
8. (1) Paragraph 26.1(1)(a) of the Act is replaced by the following:
(a) fixing an annual rate of pay for the purposes of subsection 5(9) or paragraph 10(4)(b) or prescribing the manner of determining the annual rate of pay;
(a.1) determining, for the purposes of paragraphs (b) to (d) of the definition “service in the force” in subsection 3(1), who is a police officer;
1992, c. 46, s. 77
(2) Subsection 26.1(2) of the Act is replaced by the following:
Retroactive application of regulations
(2) Regulations made under paragraph (1)(a), (c), (d), (h) or (h.4) may, if they so provide, have retroactive effect.
9. The Act is amended by adding the following before section 32:
Definition of “service in the Force”
31.1 For the purposes of this Part, paragraphs (b), (c) and (d) of the definition “service in the Force” in subsection 3(1) apply only in respect of service as a member of a provincial or municipal police force with which the Minister has entered into an arrangement under section 20 of the Royal Canadian Mounted Police Act.
2000, c. 34, s. 46
10. Section 32 of the Act is replaced by the following:
Eligibility for awards under Pension Act
32. Subject to this Part and the regulations, an award in accordance with the Pension Act shall be granted to or in respect of the following persons if the injury or disease — or the aggravation of the injury or disease — resulting in the disability or death in respect of which the application for the award is made arose out of, or was directly connected with, the person’s service in the Force:
(a) any person to whom Part VI of the former Act applied at any time before April 1, 1960 who, either before or after that time, has suffered a disability or has died; and
(b) any person who served in the Force at any time after March 31, 1960 as a contributor under Part I of this Act and who has suffered a disability, either before or after that time, or has died.
11. Subsection 34(2) of the Act is repealed.
VALIDATION
Payments for part-time service
12. Every calculation made before October 26, 2006 of benefits payable under the Royal Canadian Mounted Police Superannu- ation Act — to or in respect of a former member of the Force within the meaning of subsection 3(1) of that Act — in respect of part-time service is valid to the extent that the result of the calculation is the same as it would have been if the calculation had been made in accordance with the Royal Canadian Mounted Police Superannuation Regulations, as those regulations read on October 26, 2006.
Manner of determination
13. The manner in which any amount required to be paid in respect of a period of service referred to in clause 6(b)(ii)(A) of the Royal Canadian Mounted Police Superannu- ation Act is determined before the regulations referred to in paragraph 7(1)(c) of that Act come into force is valid.
CONSEQUENTIAL AND RELATED AMENDMENTS
1992, c. 46
An Act to amend certain Acts in relation to pensions and to enact the Special Retirement Arrangements Act and the Pension Benefits Division Act
14. Subsection 69(3) 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 is repealed.
1999, c. 34
Public Sector Pension Investment Board Act
15. Subsection 172(3) of the Public Sector Pension Investment Board Act is repealed.
2003, c. 26
An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts
16. Subsection 57(2) of An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts is repealed.
COMING INTO FORCE
Royal assent
17. Despite subsection 230(3) of the Public Sector Pension Investment Board Act and section 71 of An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, chapter 26 of the Statutes of Canada, 2003, the following provisions come into force on the day on which this Act receives royal assent:
(a) subsection 172(2) and section 191 of the Public Sector Pension Investment Board Act;
(b) clauses 6(b)(ii)(L), (O) and (P) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 172(4) of the Public Sector Pension Investment Board Act; and
(c) section 44 of An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, chapter 26 of the Statutes of Canada, 2003.
Published under authority of the Speaker of the House of Commons
Available from:
Publishing and Depository Services
Public Works and Government Services Canada



Explanatory Notes
Royal Canadian Mounted Police Superannuation Act
Clause 1: Existing text of the headings:
PART I
SERVICE BENEFITS
Interpretation
Clause 2: (1) Relevant portion of subsection 3(1):
3. (1) In this Part and Part III
(2) Existing text of the definitions:
“active service” means any service of a kind specified in the regulations to be active service, which service is deemed for the purposes of this Part to have terminated on discharge or, in the case of a person who underwent treatment in a veterans’ hospital, as defined in the regulations, immediately following his discharge, on his release from that hospital;
“disabled”, as applied to any member of the Force, has reference to any condition rendering him incapable of performing his duties as a member of the Force, and, for the purposes of section 12 as applied to any person, has reference to any condition rendering him incapable ordinarily of pursuing any substantially gainful occupation;
“member of the Force” means a member of the Force, as defined in the Royal Canadian Mounted Police Act, holding a rank in the Force, and any other member of the Force, as defined therein, of a class designated in accordance with the regulations for the purposes of this Part;
“service in the Force” includes any period of service as a special constable of the Force before April 1, 1960, or any period of service as a member of a provincial or municipal police force, that, in accordance with the regulations, may be counted as service in the Force for the purposes of this Part;
“World War I” means the war that was declared on August 4, 1914 and that is deemed, for the purposes of this Part, to have terminated on August 31, 1921;
“World War II” means the war that was declared on September 10, 1939 and that is deemed, for the purposes of this Part, to have terminated on September 30, 1947.
(3) Existing text of subsections 3(2) and (3):
(2) A reference in this Part to the Canadian Forces Superannuation Act shall be construed as including a reference to any other Act of Parliament in force either before or after April 1, 1960 providing for the payment of pensions to members of the Canadian Forces based on length of service.
(3) For the purposes of this Part, the Public Service Superannuation Act and the Canadian Forces Superannuation Act, a person who is employed under the authority of the Royal Canadian Mounted Police Act but who is not a member of the Force shall be deemed to be employed in the public service, and any period of service of a person during which he was employed under the authority of that Act but was not a member of the Force or during which he was a person to whom Part VII of the former Act applied shall be deemed to be a period of service during which he was employed in the public service.
Clause 3: New.
Clause 4: Relevant portion of subsection 10(4):
(4) For the purposes of this section,
Clause 5: (1) Existing text of subsection 11(11):
(11) Despite anything in this section, except as provided for in subsection (2), (7), (8) or (10), a contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of paragraph (7)(a) is entitled only to a return of contributions.
(2) New.
Clause 6: New.
Clause 7: Relevant portion of section 26:
26. The Governor in Council may make regulations,
...
(d) prescribing the circumstances under which and the terms and conditions on which an election under this Part may be revoked by any elector, either in whole or in part, and a new election made thereunder;
Clause 8: (1) Relevant portion of subsection 26.1(1):
26.1 (1) The Governor in Council may make regulations
(a) fixing an annual rate of pay for the purposes of subsection 5(9) or prescribing the manner of determining the annual rate of pay;
(2) Existing text of subsection 26.1(2):
(2) Regulations made under paragraph (1)(a), (c), (d) or (h) may, if they so provide, be retroactive and have effect with respect to any period before they are made.
Clause 9: New.
Clause 10: Existing text of section 32:
32. Subject to this Part, an award in accordance with the Pension Act shall be granted to or in respect of
(a) any person to whom Part VI of the former Act applied at any time before April 1, 1960 who, either before or after that time, has suffered a disability or has died, or
(b) any person who served in the Force at any time after March 31, 1960 as a contributor under Part I of this Act and who has suffered a disability, either before or after that time, or has died,
in any case where the injury or disease or aggravation thereof resulting in the disability or death in respect of which the application for the award is made arose out of, or was directly connected with, the person’s service in the Force.
Clause 11: Existing text of subsection 34(2):
(2) Subsection 3(1) of this Act, except the definition “disabled“, applies to this Part.
An Act to amend certain Acts in relation to pensions and to enact the Special Retirement Arrangements Act and the Pension Benefits Division Act
Clause 14: Existing text of subsection 69(3):
(3) All that portion of subsection 11(9) of the said Act preceding paragraph (a) thereof is repealed and the following substituted therefor:
(9) Where a contributor who is a member of the Force not holding a rank in the Force ceases, after having served less than thirty-five but not less than two years in the Force, to be a member of the Force, for any reason other than misconduct, the contributor is entitled
Public Sector Pension Investment Board Act
Clause 15: Existing text of subsection 172(3):
(3) Subparagraph 6(b)(ii) of the Act is amended by adding the following after clause (F):
(F.1) any period of service as a member of the Force during which he or she was engaged to work on average at least a number of hours per week or days per year prescribed in the regulations, if he or she elects, within one year of becoming a contributor under this Part, to pay for that service,
An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts
Clause 16: Existing text of subsection 57(2):
(2) Subsection 9(4) of the Act is repealed.


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