| 1992, c. 46,
s. 81
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179. (1) Subsections 49(1) and (2) of the
Act are replaced by the following:
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| Allowance to
survivor of
former Prime
Minister
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49. (1) The survivor of a person described
in subsection 48(1) shall be paid an allowance
equal to one half of the allowance that the
person was receiving pursuant to that
subsection at the time of death or would have
been eligible to receive if, immediately before
the time of death, the person described in that
subsection had ceased to hold the office of
Prime Minister and had reached sixty-five
years of age.
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| Apportion- ment when two survivors
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(1.1) When an allowance is payable under
this section and there are two survivors, the
total amount of the allowance shall be
apportioned so that
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| Years
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(1.2) In determining a number of years for
the purpose of paragraph (1.1)(b), a part of a
year shall be counted as a full year if the part
is six or more months and shall be ignored if
it is less.
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| Period of
allowance
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(2) An allowance payable under subsection
(1) to the survivor of a person begins to be
payable on the day after the day on which that
person dies and continues during the lifetime
of the survivor.
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| 1992, c. 46,
s. 81
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(2) Subsection 49(4) of the Act is replaced
by the following:
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| Definition of
``survivor''
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(4) For the purposes of this section,
``survivor'' means
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180. The Act is amended by adding the
following after section 49:
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| Election for
benefit
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49.1 (1) If the person to whom a former
Prime Minister is married or with whom the
former Prime Minister is cohabiting in a
relationship of a conjugal nature, having so
cohabited for a period of at least one year,
would not be entitled, in the event of the
former Prime Minister's death, to receive an
allowance under subsection 49(1), the former
Prime Minister may elect, in accordance with
the regulations, to reduce the amount of his or
her allowance under this Part, in order that the
person could become entitled to an allowance
under subsection (2).
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| Entitlement to
allowance
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(2) A person referred to in subsection (1) is
entitled to an allowance in an amount
determined in accordance with the election
and the regulations if the former Prime
Minister dies and the election is not revoked
or deemed to have been revoked, and the
person was married to the former Prime
Minister at the time of the former Prime
Minister's death, or was cohabiting with the
former Prime Minister in a relationship of a
conjugal nature for a period of at least one year
immediately before the former Prime
Minister's death.
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| Payment of
allowance
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(3) The allowance to the person referred to
in subsection (1) shall be paid monthly in
arrears in approximately equal instalments,
beginning on the day after the day on which
the former Prime Minister dies, and continues
during the person's lifetime.
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| No
entitlement
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(4) A person who is entitled to receive an
allowance under section 49 after the former
Prime Minister's death is not entitled to an
allowance under subsection (2) in respect of
that former Prime Minister.
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| 1995, c. 30,
s. 16
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181. Paragraph 50(2)(b) of the Act is
replaced by the following:
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(b) the retirement year or retirement month
of a person who is in receipt of an allowance
under subsection 20(1), 25(3), 40(1), 45(3),
49(1) or 49.1(2) is the retirement year or
retirement month, as the case may be, of the
former member in respect of whose service
the allowance is payable.
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| 1995, c. 30,
s. 19(2)
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182. Subsection 57(2) of the Act is
replaced by the following:
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| Recovery of
amounts due
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(2) If any amount payable by a member or
former member under a provision of this Act
has become due but remains unpaid at the time
of death of the member or former member,
that amount, with interest at a rate prescribed
from the time when it became due, may be
recovered, in the prescribed manner, from any
allowance payable under subsection 20(1),
25(3), 40(1), 45(3), 49(1) or 49.1(2) to another
person in respect of the member or former
member, without prejudice to any other
recourse available to Her Majesty with respect
to the recovery of that amount, and any
amount so recovered is deemed, for the
purposes of that provision, to have been paid
by the member or former member.
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| 1995, c. 30,
s. 20
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183. (1) The portion of subsection 59.1(3)
of the Act before paragraph (a) is replaced
by the following:
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| Report
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(3) Every former member who, on or after
July 13, 1995, commences to hold a federal
position or enters into a federal service
contract and who is receiving or commences
to receive an allowance or other benefit under
Part I, II, III or IV, other than a withdrawal
allowance or an allowance under paragraph
20(1)(a), subsection 25(3), paragraph
40(1)(a) or subsection 45(3), 49(1) or 49.1(2),
shall
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| 1995, c. 30,
s. 20
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(2) Subsection 59.1(7) of the Act is
replaced by the following:
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| Reductions
ignored for
certain
purposes
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(7) The amount of an allowance or other
benefit payable under section 20, 25, 40, 45,
49, 49.1 or 51 to or in respect of a former
member to whom this section applies or
applied shall be determined as if no reduction
were made under this section to the
allowances or other benefits payable to the
former member.
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| 1995, c. 30,
s. 25(6)
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184. Paragraphs 64(1)(m) to (m.2) of the
Act are replaced by the following:
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Transitional Provisions |
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185. (1) Section 25 of the Members of
Parliament Retiring Allowances Act, as
enacted by section 177, applies in respect of
elections made after the coming into force
of section 177.
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(2) Section 23 of the Members of
Parliament Retiring Allowances Act, as it
read immediately before the coming into
force of section 177, continues to apply in
respect of elections made before the coming
into force of section 177.
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186. (1) Section 45 of the Members of
Parliament Retiring Allowances Act, as
enacted by section 178, applies in respect of
elections made after the coming into force
of section 178.
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(2) Section 43 of the Members of
Parliament Retiring Allowances Act, as it
read immediately before the coming into
force of section 178, continues to apply in
respect of elections made before the coming
into force of section 178.
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| R.S., c. M-6
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MERCHANT SEAMEN COMPENSATION ACT |
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187. Subsection 2(1) of the Merchant
Seamen Compensation Act is amended by
adding the following in alphabetical order:
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| ``survivor'' « survivant »
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``survivor'' means a person who, at the time of
the death of a seaman, was
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| R.S., c. 31 (1st
Supp.),
s. 81(1);
SOR/92-520
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188. (1) Paragraph 31(1)(d) of the Act is
replaced by the following:
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| R.S., c. 31 (1st
Supp.),
s. 81(1);
SOR/92-520
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(2) The portion of paragraph 31(1)(e) of
the Act before subparagraph (i) is replaced
by the following:
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| R.S., c. 31 (1st
Supp.),
s. 81(2);
SOR/92-520
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(3) Subsections 31(2) and (3) of the Act
are replaced by the following:
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| Where no
survivor
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(2) Where a seaman leaves no survivor or
the survivor subsequently dies, and it seems
desirable to continue the existing household,
and a suitable person acts as foster-parent in
keeping up the household and maintaining and
taking care of the children entitled to
compensation in a manner that the Board
deems satisfactory, the foster-parent while so
doing is entitled to receive the same monthly
payments of compensation as if the
foster-parent were the survivor of the
deceased, and in that case the children's part
of the payments shall be in lieu of the monthly
payments that they would otherwise have
been entitled to receive.
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| Additional
sum
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(3) In addition to any other compensation
provided for under this section, the survivor
or, where the seaman leaves no survivor, the
foster-parent, as described in subsection (2), is
entitled to a lump sum of $16,868.50.
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| R.S., c. 31 (1st
Supp.),
s. 81(3);
SOR/92-520
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(4) Paragraphs 31(9)(a) and (b) of the Act
are replaced by the following:
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| R.S., c. 31 (1st
Supp.), s. 82
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189. Paragraphs 32(1)(a) and (b) of the
Act are replaced by the following:
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| R.S., c. 31 (1st
Supp.), s. 83
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190. Section 33 of the Act is repealed.
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| R.S., c. 31 (1st
Supp.), s. 84,
c. 3 (2nd
Supp.),
s. 30(F)
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191. Section 44 of the Act is replaced by
the following:
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| Cases where
compensation
may be
diverted
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44. (1) If a seaman is entitled to
compensation and it is made to appear to the
Board that the seaman's spouse, former
spouse, common-law partner, former
common-law partner or children under 18
years of age are without adequate means of
support, the Board may divert the
compensation in whole or in part from the
seaman for their benefit.
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| Diversion of
compensation
from survivor
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(2) If the survivor of a seaman is entitled to
compensation under section 31 and it is made
to appear to the Board that the seaman's
spouse, former spouse, former common-law
partner or children under 18 years of age are
without adequate means of support, the Board
may divert the compensation in whole or in
part from the survivor for their benefit.
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| Meaning of
``common-la
w partner''
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(3) In this section, ``common-law partner''
means a person who is cohabiting with a
seaman in a conjugal relationship, having so
cohabited for a period of at least one year, or
who had been so cohabiting for a period of at
least one year at the time of the seaman's
death.
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| R.S., c. O-9
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OLD AGE SECURITY ACT |
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| R.S., c. 34 (1st
Supp.), s. 1
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192. (1) The definitions ``spouse'' and
``widow'' in section 2 of the Old Age Security
Act are repealed.
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(2) The definition ``spouse's allowance''
in section 2 of the English version of the Act
is repealed.
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(3) The definition ``allocation'' in section
2 of the French version of the Act is replaced
by the following:
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| « allocation » ``allowance''
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« allocation » L'allocation payable sous le
régime de la partie III.
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(4) Section 2 of the Act is amended by
adding the following in alphabetical order:
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| ``common-la
w partner'' « conjoint de fait »
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``common-law partner'', in relation to an
individual, means a person who is
cohabiting with the individual in a conjugal
relationship at the relevant time, having so
cohabited with the individual for a
continuous period of at least one year. For
greater certainty, in the case of an
individual's death, the ``relevant time''
means the time of the individual's death.
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| ``survivor'' « survivant »
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``survivor'' means a person whose spouse or
common-law partner has died and who has
not thereafter become the spouse or
common-law partner of another person.
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(5) Section 2 of the English version of the
Act is amended by adding the following in
alphabetical order:
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| ``allowance'' « allocation »
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``allowance'' means the allowance authorized
to be paid under Part III.
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| 1998, c. 21,
s. 111
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193. The heading before section 15 of the
Act is replaced by the following:
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