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35. Subsection 42.1(1) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (v) and by adding the
following after paragraph (v):
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(v.1) prescribing portions of departments or
portions of the executive government of
Canada that are to be excluded from the
meaning of the expression ``Public
Service'' as defined in subsection 3(1);
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(v.2) respecting the terms and conditions
under which and the time and manner in
which an election may be made in respect
of a period of service specified in clause
6(1)(b)(iii)(M) or (N), the manner of
determining in accordance with paragraph
7(1)(k) the amounts that are to be paid in
respect of that election, the periods of
service that may be counted for the
purposes of that election, and the manner in
which and extent to which section 8 and any
regulations referred to in section 8 apply in
respect of that election and to any
contributor who makes that election and
adapting any of those provisions for the
purposes of that application;
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(v.3) respecting the manner in which and the
determination of the balances on which
interest is to be calculated under subsection
10(9);
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(v.4) respecting the manner of determining
the amount of a transfer value within the
meaning of section 10, the terms and
conditions under which a contributor may
become entitled to a transfer value and
respecting such other matters as the
Governor in Council deems necessary for
the purposes of carrying out section 13.01;
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(v.5) respecting the terms and conditions,
including the requirement of a person or
body referred to in subsection 40.1(1) to pay
into the Superannuation Account such
amount as is determined in accordance with
the regulations for any or all cases, subject
to which, and the maximum period during
which, the person or body is to form part of
the Public Service pursuant to a direction of
the Treasury Board made under subsection
40.1(2);
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(v.6) prescribing classes of pension plans or
retirement savings plans for the purposes of
subsection 40.2(1) and respecting the extent
to which, and the terms and conditions
subject to which, service may be counted as
pensionable service pursuant to subsection
40.2(9);
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(v.7) respecting the manner in which and
extent to which any provision of this Act or
any regulations made under this Act apply
to any employee of an entity or portion
thereof and adapting any of those
provisions for the purposes of that
application where an order is made under
subsection 42(4) or a regulation is made
under paragraph (v.1) in respect of that
entity, including the manner of determining
any amount that may be paid out of the
Superannuation Account in respect of those
employees and the terms and conditions
under which the amount is to be paid; and
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36. (1) Subsection 51(1) of the Act is
replaced by the following:
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| Election to
continue as
participant
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51. (1) A participant who is employed in the
Public Service and has been so employed
substantially without interruption for two
years or more or has been a participant under
this Part without interruption for two years or
more may, within one year before the time of
ceasing to be employed in the Public Service,
elect to continue to be a participant under this
Part after that time.
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(2) The portion of subsection 51(2) of the
Act before paragraph (a) is replaced by the
following:
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| Election to
continue as
participant
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(2) A person who ceases to be employed in
the Public Service and at the time of ceasing
to be so employed is a participant who has
been employed in the Public Service
substantially without interruption for two
years or more or has been a participant under
this Part without interruption for two years or
more,
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(3) Subsection (2) applies only to persons
who cease to be employed in the Public
Service, within the meaning of the Public
Service Superannuation Act, on or after the
coming into force of that subsection.
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| 1992, c. 46,
s. 26
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37. Section 53 of the Act is replaced by the
following:
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| Amount of
contributions
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53. Every participant shall contribute to the
Consolidated Revenue Fund at the rate of five
cents per month for every two hundred and
fifty dollars in the amount of the participant's
basic benefit (reduced, if the participant has
attained the age of sixty-five years and is
employed in the Public Service, having been
so employed substantially without
interruption for two years or more or having
been a participant under this Part without
interruption for two years or more, by one
dollar per month, commencing as of such time
as the regulations prescribe, being the
contribution otherwise payable under this Part
for the basic benefit in the amount of five
thousand dollars referred to in the definition
``basic benefit'' in subsection 47(1)) or, in the
case of elective participants and participants
who are absent from duty, such contribution as
the regulations prescribe.
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| Coming into
force
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38. (1) Subsection 10(9) of the Public
Service Superannuation Act, as enacted by
subsection 25(3), comes into force on
January 1, 1997.
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| Coming into
force
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(2) Subsection 40.3(1) of the Public
Service Superannuation Act, as enacted by
section 33, comes into force on a day to be
fixed by order of the Governor in Council.
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| R.S., c. 28,
(3rd Supp.)
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| 1995, c. 17,
s. 21
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39. Subsection 181.12(2) of the National
Transportation Act, 1987 is replaced by the
following:
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| Agency to
determine
maximum rate
scale
|
(2) The maximum rate scale for each
subsequent crop year shall be determined by
the Agency in accordance with section 181.13
or 181.133, as the case may be, on or before
April 30 of the previous crop year.
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40. The Act is amended by adding the
following after section 181.13:
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Disposal of Railway Cars and Rights in
Railway Cars
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| Agreements
and
arrangements
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181.131 (1) The Minister, with the approval
of the Minister of Finance, may
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(a) dispose of, and enter into agreements or
arrangements with respect to the disposal of
railway cars, or of any rights of Her Majesty
in right of Canada with respect to railway
cars, that are used for the purpose of moving
grain and that belong to Her Majesty; and
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(b) pay out of the Consolidated Revenue
Fund, or from the proceeds from the
disposal of the railway cars or the rights,
amounts in respect of any agreement or
arrangement referred to in paragraph (a) or
of the disposal.
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| Authority to
carry out
agreements
|
(2) The Minister may do such things as the
Minister considers appropriate to carry out an
agreement or arrangement referred to in
paragraph (1)(a) or to protect the interests or
enforce the rights of Her Majesty under such
an agreement or arrangement.
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| Authority to
carry out
agreements
|
(3) Without limiting the generality of
subsection (2), the Minister may, with respect
to an agreement or arrangement referred to in
paragraph (1)(a),
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(a) accept and hold on behalf of Her
Majesty any security granted to Her
Majesty under or pursuant to the agreement
or arrangement or any security granted in
substitution for that security;
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(b) release or realize on any security
referred to in paragraph (a); and
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(c) acquire shares of a corporation in trust
for Her Majesty.
|
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| Notice of
disposal of
rights with
respect to
railway cars
|
181.132 The Minister shall, as soon as any
right with respect to no fewer than 10,000
railway cars that belong to Her Majesty in
right of Canada has been disposed of under
section 181.131, give notice in the Canada
Gazette.
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| When new
rates come
into effect
|
181.133 (1) If the notice referred to in
section 181.132 is published on or before
April 15, 1998, the new maximum rates
referred to in subsection (2) take effect with
respect to the 1998-99 crop year. With respect
to the period that begins April 16, 1998, if the
notice is published no later than April 15 in
any year after 1998, the new maximum rates
apply in respect of the crop year that begins on
the next August 1 but if the notice is published
after April 15 in any of those years, the new
maximum rates apply in respect of the
following crop year.
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| Increased
maximum
rates
|
(2) The increase in the maximum rate that
applies in respect of the range of distance in
which the average length of haul, as
determined by the Agency based on the most
recent crop year or calendar year for which
information is available, falls, which range of
distance is called the ``average range of
distance'' for the purpose of this subsection, is
$0.75 per tonne. With respect to each other
range of distance, the increase in the
maximum rate for the range of distance is
calculated by multiplying $0.75 by the ratio
that the maximum rate for that range of
distance for the crop year bears to the
maximum rate for the average range of
distance for the crop year.
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| Freight rate
multiplier
where
disposal of
railway cars
|
(3) The freight rate multiplier used in
determining the maximum rates referred to in
subsection (2) is set out in the following
formula:
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D x [(1 + A) - (E - 0.005)/3]
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where
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D is the freight rate multiplier for the previous
crop year,
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A is the rate of change in the volume-related
composite price index, as determined by the
Agency for the crop year in respect of which
the Agency is determining the maximum
rate scale,
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E is the rate of productivity change, as
determined by the Agency on an historic
basis, for the crop year in respect of which
the Agency is determining the maximum
rate scale or 0.005, whichever is greater.
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| Payment of
increase in
rates
|
181.134 No later than ninety days after
having given the notice referred to in section
181.132, or in the case of a subsequent
disposal of rights, no later than ninety days
after the disposal, the Minister may order, with
respect to a particular group of railway cars
that is the object of a disposal, that all or part
of the amount attributable to the increase in
rates referred to in subsection 181.133(2) be
paid, as of any day chosen by the Minister,
whether the day is before the day on which the
Minister so orders or not, by a railway
company to whom the rate is paid, in the
manner and on the dates ordered by the
Minister, to the person who acquired the
rights, or any person claiming under that
person or who acquired, directly or indirectly,
the rights from that person.
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| Bill C-14
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41. If Bill C-14, introduced in the second
session of the thirty-fifth Parliament and
entitled An Act to continue the National
Transportation Agency as the Canadian
Transportation Agency, to consolidate and
revise the National Transportation Act, 1987
and the Railway Act and to amend or repeal
other Acts as a consequence, is assented to,
then, on the day on which subsection 149(2)
of that Act comes into force,
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(a) that subsection is replaced by the
following:
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| Agency to
determine
maximum rate
scale
|
(2) The maximum rate scale for each
subsequent crop year shall be determined by
the Agency in accordance with section 150 or
150.3, as the case may be, on or before April
30 of the previous crop year.
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(b) that Act is amended by adding the
following after section 150:
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|
Disposal of Railway Cars and Rights in
Railway Cars
|
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| Agreements
and
arrangements
|
150.1 (1) The Minister, with the approval of
the Minister of Finance, may
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|
(a) dispose of, and enter into agreements or
arrangements with respect to the disposal of
railway cars, or of any rights of Her Majesty
in right of Canada with respect to railway
cars, that are used for the purpose of moving
grain and that belong to Her Majesty; and
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(b) pay out of the Consolidated Revenue
Fund, or from the proceeds from the
disposal of the railway cars or the rights,
amounts in respect of any agreement or
arrangement referred to in paragraph (a) or
of the disposal.
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| Authority to
carry out
agreements
|
(2) The Minister may do such things as the
Minister considers appropriate to carry out an
agreement or arrangement referred to in
paragraph (1)(a) or to protect the interests or
enforce the rights of Her Majesty under such
an agreement or arrangement.
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| Authority to
carry out
agreements
|
(3) Without limiting the generality of
subsection (2), the Minister may, with respect
to an agreement or arrangement referred to in
paragraph (1)(a),
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(a) accept and hold on behalf of Her
Majesty any security granted to Her
Majesty under or pursuant to the agreement
or arrangement or any security granted in
substitution for that security;
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|
(b) release or realize on any security
referred to in paragraph (a); and
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|
(c) acquire shares of a corporation in trust
for Her Majesty.
|
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| Notice of
disposal of
rights with
respect to
railway cars
|
150.2 The Minister shall, as soon as any
right with respect to no fewer than 10,000
railway cars that belong to Her Majesty in
right of Canada has been disposed of under
section 150.1, give notice in the Canada
Gazette.
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| When new
rates come
into effect
|
150.3 (1) If the notice referred to in section
150.2 is published on or before April 15, 1998,
the new maximum rates referred to in
subsection (2) take effect with respect to the
1998-99 crop year. With respect to the period
that begins April 16, 1998, if the notice is
published no later than April 15 in any year
after 1998, the new maximum rates apply in
respect of the crop year that begins on the next
August 1 but if the notice is published after
April 15 in any of those years, the new
maximum rates apply in respect of the
following crop year.
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| Increased
maximum
rates
|
(2) The increase in the maximum rate that
applies in respect of the range of distance in
which the average length of haul, as
determined by the Agency based on the most
recent crop year or calendar year for which
information is available, falls, which range of
distance is called the ``average range of
distance'' for the purpose of this subsection, is
$0.75 per tonne. With respect to each other
range of distance, the increase in the
maximum rate for the range of distance is
calculated by multiplying $0.75 by the ratio
that the maximum rate for that range of
distance for the crop year bears to the
maximum rate for the average range of
distance for the crop year.
|
|
| Freight rate
multiplier
where
disposal of
railway cars
|
(3) The freight rate multiplier used in
determining the maximum rates referred to in
subsection (2) is set out in the following
formula:
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|
D x [(1 + A) - (E - 0.005)/3]
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where
|
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|
D is the freight rate multiplier for the previous
crop year,
|
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|
A is the rate of change in the volume-related
composite price index, as determined by the
Agency for the crop year in respect of which
the Agency is determining the maximum
rate scale,
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|
E is the rate of productivity change, as
determined by the Agency on an historic
basis, for the crop year in respect of which
the Agency is determining the maximum
rate scale or 0.005, whichever is greater.
|
|
| Payment of
increase in
rates
|
150.4 No later than ninety days after having
given the notice referred to in section 150.2, or
in the case of a subsequent disposal of rights,
no later than ninety days after the disposal, the
Minister may order, with respect to a
particular group of railway cars that is the
object of a disposal, that all or part of the
amount attributable to the increase in rates
referred to in subsection 150.3(2) be paid, as
of any day chosen by the Minister, whether the
day is before the day on which the Minister so
orders or not, by a railway company to whom
the rate is paid, in the manner and on the dates
ordered by the Minister, to the person who
acquired the rights, or any person claiming
under that person or who acquired, directly or
indirectly, the rights from that person.
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