Bill C-85

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Royal Assent

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``federal position'' « emploi fédéral »	``federal position'' means
	(a) an office or employment the salary, fees or other compensation for which is paid in whole or in part out of the Consolidated Revenue Fund or out of monies appropriated by Parliament, and
	(b) an office or employment in a departmental corporation or Crown corporation as defined respectively in sections 2 and 83 of the Financial Administration Act;
``federal service contract'' « marché fédéral de services »	``federal service contract'' means a contract for the provision of service the consideration for the performance of which is paid in whole or in part out of the Consolidated Revenue Fund or out of monies appropriated by Parliament or by a departmental corporation or Crown corporation as defined respectively in sections 2 and 83 of the Financial Administration Act, but does not include an agreement under which an individual is engaged as an employee;
``office'' « charge »	``office'' means the position of an individual that entitles the individual to fixed or ascertainable salary, fees or other compensation, and includes a judicial or diplomatic office and the position of corporation director;
``remuneratio n'' « rémunératio n »	``remuneration'' means
	(a) in respect of a federal position, the salary, fees or other compensation paid for or in respect of the carrying out of the duties and functions of the position, and
	(b) in respect of a federal service contract, the consideration paid for the performance of the contract.
Presumptions	(2) For the purposes of this section, where a former member controls a partnership, corporation, association or other body that enters into a federal service contract,
	(a) the former member is deemed to have entered into the contract at the time the body did so and to be a party to the contract so long as the body is a party and the former member continues to control it; and
	(b) the remuneration in respect of the contract is deemed to equal the amount of the salary, fees or other compensation paid to the former member for or in respect of the services provided by the former member under the contract.
Report	(3) Every former member who, after the coming into force of this section, 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 or benefit under paragraph 20(1)(a), subsection 23(4), paragraph 40(1)(a) or subsection 43(4) or 49(1), shall
	(a) within sixty days after the later of the day on which the former member commenced to hold the position or entered into the contract and the day on which the former member commenced to receive the allowance or other benefit, notify the Minister in writing of the position or contract and the amount of the remuneration;
	(b) within sixty days after each anniversary of the later day referred to in paragraph (a) and while holding the position or being a party to the contract, notify the Minister in writing of the total amount of the remuneration received in the preceding year; and
	(c) within sixty days after ceasing to hold the position or to be a party to the contract or the contract is completed or otherwise terminated, notify the Minister in writing of the cessation or termination and the total amount of the remuneration received that was not previously reported under this section.
Additional information	(4) A former member referred to in subsection (3) shall furnish the Minister in writing with such additional information respecting the federal position or federal service contract as the Minister may require.
Reduction	(5) Where a former member referred to in subsection (3) receives remuneration of $5,000 or more in any year beginning on the day on which the former member commenced holding the federal position or entered into the federal service contract, or on any anniversary of that day, the aggregate of the allowances or other benefits referred to in that subsection payable to that former member in that year shall be reduced by one dollar for each dollar of the remuneration received in that year.
Recovery	(6) The amount of the reduction under subsection (5) may be recovered in accordance with the regulations from any allowance or other benefit payable to or in respect of the former member under this Act or otherwise, without prejudice to any other recourse available to Her Majesty with respect to the recovery of the amount.
Reductions ignored for certain purposes	(7) The amount of an allowance or other benefit payable under section 20, 23, 40, 43, 49 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.
1992, c. 46, s. 81	21. Paragraph 60(b) of the Act is replaced by the following:
	(b) an allowance or other benefit to which a person is entitled under this Act is not capable of being surrendered or commuted during the lifetime of that person and any transaction that purports to do so is void; and
1992, c. 46, s. 81	22. Subsection 62(1) of the Act is replaced by the following:
Presumption as to death	62. (1) Where a member or former member or any person entitled to an allowance or other benefit under this Act has, either before or after December 31, 1992, 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, for the purposes of this Act, determine the date on which that person's death is presumed to have occurred, and thereupon that person shall be deemed for all purposes of this Act to have died on that date.
1992, c. 46, s. 81	23. Subsection 63(1) of the Act is replaced by the following:
Payment of interest	63. (1) Interest calculated in accordance with subsection (2) shall be paid on any withdrawal allowance payable under Part I or II or death benefit payable under this Act.
	24. The Act is amended by adding the following after section 63:
Recovery of amount paid in error	63.1 Any amount that has been paid in error to a person on account of an allowance or other benefit under this Act may be recovered, in the prescribed manner, from any allowance or other benefit subsequently payable to or in respect of that person under this Act, without prejudice to any other recourse available to Her Majesty with respect to the recovery of the amount.
1992, c. 46, s. 81	25. (1) Paragraph 64(1)(c) of the Act is replaced by the following:
	(c) prescribing, in the case of any allowance or other benefit payable under this Act, the days on which the payments of allowances or other benefits shall be made and providing that payment may be made in respect of any part of a period and that, subject to section 58, where a recipient ceases to be entitled to an allowance or other benefit or dies, payment may be made in respect of the full month in which the recipient ceases to be entitled to an allowance or other benefit or dies;
1992, c. 46, s. 81	(2) Paragraph 64(1)(d) of the French version of the Act is replaced by the following:
	d) spécifier que, dans le cas où le bénéficiaire est incapable d'administrer ses biens, les allocations ou autres prestations auxquelles il a droit soient versées à une autre personne pour son compte;
1992, c. 46, s. 81	(3) Paragraphs 64(1)(e) to (g) of the Act are replaced by the following:
	(f) respecting the manner in which amounts referred to in subsection 56(3) or 57(2) or section 63.1 may be recovered from any allowance or other benefit payable under this Act;
	(g) providing for the terms and conditions for instalment payments under subsection 57(1) and prescribing the bases as to mortality and interest to be used in establishing the amounts of the payments;
	(4) Subsection 64(1) of the Act is amended by adding the following after paragraph (h):
	(h.1) respecting the recovery of amounts under subsection 59.1(6) by deduction, lump sum payment, instalment payment or otherwise, including
	(i) the sending of notices,
	(ii) the making of elections with respect to the manner of the recovery of amounts or otherwise,
	(iii) the prescribing of bases as to mortality and interest,
	(iv) the estimation of amounts and the reconciliation of amounts at the end of a year,
	(v) the order of the allowances or benefits from which the amounts are recovered, and
	(vi) the imposition of interest;
1992, c. 46, s. 81	(5) Paragraph 64(1)(k) of the Act is replaced by the following:
	(k) prescribing, for the purposes of the definition ``defined benefit limit'' in subsection 2(1), an amount in respect of the 1995 calendar year and any subsequent calendar year, which amount may be prescribed by reference to the regulations made under the Income Tax Act;
1992, c. 46, s. 81	(6) Paragraph 64(1)(m) of the Act is replaced by the following:
	(m) prescribing the time within which a former member may make an election under subsections 23(1) and 43(1) and prescribing the circumstances, and the terms and conditions, under which the election may be revoked;
	(m.1) respecting the manner of adjusting aggregate amounts for the purposes of subsections 23(2) and 43(2) and respecting the manner of determining the amount of the joint and survivor benefit payable to a surviving spouse under subsections 23(4) and 43(4);
	(m.2) respecting the evidence required to establish proof of age and marital status for the purposes of making an election under sections 23 and 43, the time within which the evidence must be provided and the consequences of any failure to provide the evidence within that time;
1992, c. 46, s. 81	(7) Subsection 64(2) of the Act is replaced by the following:
Retroactive regulations	(2) Regulations made under subsection (1) may, if they so provide, be retroactive and have effect with respect to any period before they are made.
	26. Section 65 of the Act is renumbered as subsection 65(1) and is amended by adding the following:
Review date	(2) Notwithstanding subsection 3(3) of the Public Pensions Reporting Act, for the purposes of subsection (1), the review date as of which an actuarial review of the Retiring Allowances Account must be conducted for the purposes of the first valuation report completed after the coming into force of this subsection is March 31, 1995 instead of the date determined under subsection 3(3) of that Act, and thereafter the review dates must not be more than three years apart.
1992, c. 46, s. 81	27. Subsection 66(2) of the Act is replaced by the following:
Review dates	(2) For the purposes of subsection (1), the review date as of which an actuarial review of the Compensation Arrangements Account must be conducted for the purposes of the first valuation report is March 31, 1995, and thereafter the review dates must not be more than three years apart.
	CONTINUATION IN EFFECT
Definition of ``former Act''	*28. (1) In this section, ``former Act'' means the Members of Parliament Retiring Allowances Act, as it read on December 30, 1992.*
Continuation in effect	(2) Notwithstanding section 81 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, section 14 of the former Act continues, on and after December 31, 1992, to apply to or in respect of any person to or in respect of whom it applied immediately before that date.
Provisions applicable	(3) Sections 23, 50 to 55, 58, 59.1, 60 and 62 of the Members of Parliament Retiring Allowances Act, and any other provisions of that Act referred to in those sections, apply, with such modifications as the circumstances require, in respect of an allowance payable under section 14 of the former Act as if it were an allowance or benefit referred to in those sections.
Acts applicable	(4) The Pension Benefits Division Act and Part II of the Garnishment, Attachment and Pension Diversion Act apply, with such modifications as the circumstances require, in respect of an allowance payable under section 14 of the former Act as if it were a pension benefit within the meaning of that Act or Part, as the case may be.

Bill C-85

CONTINUATION IN EFFECT