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51-52 ELIZABETH II |
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CHAPTER 12 |
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An Act to amend the Pension Act and the
Royal Canadian Mounted Police
Superannuation Act
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[Assented to 19th June, 2003]
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R.S., c. P-6
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PENSION ACT |
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2000, c. 34,
s. 20(5)
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1. (1) The definition ``service in a special
duty area'' in subsection 3(1) of the English
version of the Pension Act is repealed.
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2000, c. 34,
s. 20(5)
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(2) The definition ``service spécial'' in
subsection 3(1) of the French version of the
Act is replaced by the following:
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« service
spécial » ``special duty service''
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« service spécial » Service effectué par un
membre des Forces canadiennes soit dans
une zone de service spécial désignée au titre
de l'article 91.2, soit dans le cadre d'une
opération de service spécial désignée au
titre de l'article 91.3, pendant la période
visée par la désignation. Sont assimilés au
service spécial, s'ils ont lieu pendant cette
période mais au plus tôt le 11 septembre
2001 :
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(3) Subsection 3(1) of the English version
of the Act is amended by adding the
following in alphabetical order:
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``special duty
service'' « service spécial »
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``special duty service'' means service as a
member of the Canadian Forces in a special
duty area designated under section 91.2, or
as a member of the Canadian Forces as part
of a special duty operation designated under
section 91.3, during the period in which that
designation is in effect, and includes
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2000, c. 34,
s. 21(1)
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2. (1) The portion of subsection 21(1) of
the English version of the Act before
paragraph (a) is replaced by the following:
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Service
during war, or
special duty
service
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21. (1) In respect of service rendered during
World War I, service rendered during World
War II other than in the non-permanent active
militia or the reserve army, service in the
Korean War, service as a member of the
special force, and special duty service,
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2000, c. 34,
s. 21(2)
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(2) The portion of paragraph 21(1)(c) of
the Act before subparagraph (i) is replaced
by the following:
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2000, c. 34,
s. 21(3)
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(3) Subparagraph 21(1)(g)(i) of the Act is
replaced by the following:
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2000, c. 34,
s. 40
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3. Section 91.1 of the Act is replaced by
the following:
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Definition of
``conditions
of elevated
risk''
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91.1 In paragraphs 91.2(1)(c) and
91.3(1)(c), ``conditions of elevated risk''
means a level of risk higher than that normally
associated with service in peacetime.
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Special duty
areas
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91.2 (1) The Minister of National Defence,
after consulting the Minister, may by order
designate an area as a special duty area if
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Period of
designation
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(2) A designation made by an order under
subsection (1) takes effect on the day on which
the order is made, or on such earlier date-not
earlier than January 1, 1949-or later date as
may be fixed by the order. The order may fix
a date on which a designation ceases to be in
effect.
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Special duty
operations
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91.3 (1) The Minister of National Defence,
after consulting the Minister, may by order
designate as a special duty operation any
operation, or any component of an operation,
if
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Period of
designation
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(2) A designation made by an order under
subsection (1) takes effect on the day on which
the order is made, or on such earlier date-not
earlier than September 11, 2001-or later date
as may be fixed by the order. The order may
fix a date on which a designation ceases to be
in effect.
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Types of
operations
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91.4 For the purposes of paragraphs
91.2(1)(b) and 91.3(1)(a), the types of
operations are as follows:
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Statutory
Instruments
Act
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91.5 Sections 3, 5 and 11 of the Statutory
Instruments Act do not apply in respect of an
order made under section 91.2 or 91.3.
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R.S., c. R-11
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ROYAL CANADIAN MOUNTED POLICE SUPERANNUATION ACT |
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2000, c. 34,
s. 46
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4. Section 32.1 of the Royal Canadian
Mounted Police Superannuation Act is
replaced by the following:
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Award related
to special duty
service
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32.1 (1) An award in accordance with the
Pension Act shall be granted to or in respect of
a member of the Force who is disabled or dies
as a result of an injury or disease or an
aggravation thereof that was attributable to or
was incurred during special duty service as
defined in subsection (2), as though that
member of the Force were a member of the
Canadian Forces in special duty service within
the meaning of the Pension Act.
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Definition of
``special duty
service''
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(2) For the purposes of subsection (1),
``special duty service'' means service as a
member of the Force in a special duty area
designated under section 32.12 or under
section 91.2 of the Pension Act during the
period in which that designation is in effect, or
service as a member of the Force as part of a
special duty operation designated under
section 32.13 or under section 91.3 of the
Pension Act during the period in which that
designation is in effect, and includes
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if that training, travel or leave occurred on a
day, not earlier than September 11, 2001, that
is in the period during which that designation
is in effect.
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Definition of
``conditions
of elevated
risk''
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32.11 In paragraphs 32.12(1)(c) and
32.13(1)(d), ``conditions of elevated risk''
means a level of risk higher than that normally
associated with service in peacetime.
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Special duty
areas
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32.12 (1) The Solicitor General of Canada,
after consulting the Minister as defined in
subsection 3(1) of the Pension Act, may by
order designate an area as a special duty area
if
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Period of
designation
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(2) A designation made by an order under
subsection (1) takes effect on the day on which
the order is made, or on such earlier date-not
earlier than June 11, 1998-or later date as
may be fixed by the order. The order may fix
a date on which a designation ceases to be in
effect.
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Special duty
operations
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32.13 (1) The Solicitor General of Canada,
after consulting the Minister as defined in
subsection 3(1) of the Pension Act, may by
order designate as a special duty operation any
operation, or any component of an operation,
if
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Period of
designation
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(2) A designation made by an order under
subsection (1) takes effect on the day on which
the order is made, or on such earlier date-not
earlier than September 11, 2001-or later date
as may be fixed by the order. The order may
fix a date on which a designation ceases to be
in effect.
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Types of
operations
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32.14 For the purposes of paragraphs
32.12(1)(b) and 32.13(1)(a), the types of
operations are as follows:
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Statutory
Instruments
Act
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32.15 Sections 3, 5 and 11 of the Statutory
Instruments Act do not apply in respect of an
order made under section 32.12 or 32.13.
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