Bill C-23
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
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 modernize the Statutes of Canada in relation to benefits and
obligations''.
|
|
|
|
SUMMARY |
|
|
|
A number of federal Acts provide for benefits or obligations that
depend on a person's relationship to another individual, including their
husband or wife and other family members. Most of those Acts
currently provide that the benefits or obligations in relation to a husband
or wife also apply in relation to unmarried opposite-sex couples who
have been cohabiting in a conjugal relationship for at least one year.
Some of those Acts provide for benefits or obligations in relation to
certain family members of a person's husband, wife or opposite-sex
common-law partner.
|
|
|
|
This enactment extends benefits and obligations to all couples who
have been cohabiting in a conjugal relationship for at least one year, in
order to reflect values of tolerance, respect and equality, consistent with
the Canadian Charter of Rights and Freedoms.
|
|
|
|
EXPLANATORY NOTES |
|
|
|
Agricultural Marketing Programs Act |
|
|
|
Clause 2: (1) Subparagraph 3(2)(a)(ii.1) is new. The
relevant portion of subsection 3(2) reads as follows:
|
|
|
|
(2) In the absence of proof to the contrary, producers are presumed
not to deal with each other at arm's length if they are related as follows:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) Subsection 3(3) reads as follows:
|
|
|
|
(3) For the purposes of subsection (2), ``group of persons'' means a
producer that is a partnership, cooperative or other association of
persons.
|
|
|
|
Bank Act |
|
|
|
Clause 3: New.
|
|
|
|
Clause 4: Paragraph (f) of the definition ``associate of
the offeror'' in subsection 283(1) is new. The relevant
portion of that definition reads as follows:
|
|
|
|
``associate of the offeror'' means
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 5: (1) Subsection 496(5) reads as follows:
|
|
|
|
(5) Notwithstanding section 501, a bank may make a loan referred
to in paragraph 491(b) to the spouse of a senior officer of the bank on
terms and conditions more favourable to the spouse of that officer than
those offered to the public by the bank if those terms and conditions
have been approved by the conduct review committee of the bank.
|
|
|
|
(2) and (3) The relevant portion of subsection 496(6)
reads as follows:
|
|
|
|
(6) Notwithstanding section 501, a bank may offer financial
services, other than loans or guarantees, to a senior officer of the bank,
or to the spouse, or a child who is less than eighteen years of age, of a
senior officer of the bank, on terms and conditions more favourable than
those offered to the public by the bank if
|
|
|
|
|
|
|
|
|
|
|
|
Clause 6: Subsection 675(3) reads as follows:
|
|
|
|
(3) Where a person has been convicted of an offence under this Act,
the court may, where it is satisfied that as a result of the commission of
the offence the convicted person acquired any monetary benefits or that
monetary benefits accrued to the convicted person or to the spouse or
other dependant of the convicted person, order the convicted person to
pay, notwithstanding the maximum amount of any fine that may
otherwise be imposed under this Act, an additional fine in an amount
equal to the court's estimation of the amount of those monetary benefits.
|
|
|
|
Bankruptcy and Insolvency Act |
|
|
|
Clause 8: (1) The definition ``child'' in subsection
2(1) reads as follows:
|
|
|
|
``child'' includes a child born out of marriage;
|
|
|
|
(2) New.
|
|
|
|
Clause 9: (1) The relevant portion of subsection 4(2)
reads as follows:
|
|
|
|
(2) For the purposes of this Act, persons are related to each other and
are ``related persons'' if they are
|
|
|
|
|
|
|
|
(2) Paragraph 4(3)(f.1) is new. The relevant portion of
subsection 4(3) reads as follows:
|
|
|
|
(3) For the purposes of this section,
|
|
|
|
|
|
|
|
|
|
|
|
Clause 10: Subsection 59(3) reads as follows:
|
|
|
|
(3) Where any of the facts mentioned in section 173 or 177 are
proved against the debtor, the court shall refuse to approve the proposal
unless it provides reasonable security for the payment of not less than
fifty cents on the dollar on all the unsecured claims provable against the
debtor's estate or such percentage thereof as the court may direct.
|
|
|
|
Clause 11: Subsection 91(3) reads as follows:
|
|
|
|
(3) This section does not extend to any settlement made
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 12: Sections 92 and 93 read as follows:
|
|
|
|
92. Any covenant or contract made by any person, hereinafter called
``the settlor'', in consideration of the settlor's marriage, either for the
future payment of money for the benefit of the settlor's spouse or
children, or for the future settlement on or for the settlor's spouse or
children, of property wherein the settlor had not at the date of the
marriage any estate or interest, whether vested or contingent, in
possession or remainder, and not being money or property in right of the
settlor's spouse is, if the settlor becomes bankrupt and the covenant or
contract has not been executed at the date of the initial bankruptcy event
in respect of the settlor, void against the trustee except so far as it enables
the persons entitled under the covenant or contract to claim a dividend
in the settlor's bankruptcy proceedings under or in respect of the
covenant or contract, but any such claim to a dividend shall be
postponed until all claims of the other creditors have been satisfied.
|
|
|
|
93. (1) Any payment of money, not being payment of premiums on
a policy of life insurance in favour of the spouse, child or children of the
settlor, or any transfer of property made by the settlor in pursuance of
a covenant or contract mentioned in section 92, is void against the
trustee unless the person to whom the payment or transfer was made
proves that
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) Where any payment or transfer mentioned in subsection (1) is
declared void, the persons to whom it was made are entitled to claim for
dividend under or in respect of the covenant or contract in like manner
as if it had not been executed at the date of the initial bankruptcy event.
|
|
|
|
Clause 13: The relevant portion of subsection 113(3)
reads as follows:
|
|
|
|
(3) The following persons are not entitled to vote on the appointment
of a trustee or inspectors:
|
|
|
|
|
|
|
|
Clause 14: Subsection 121(4) reads as follows:
|
|
|
|
(4) A claim in respect of a debt or liability referred to in paragraph
178(1)(b) or (c) payable under an order or agreement made before the
date of the initial bankruptcy event in respect of the bankrupt and at a
time when the spouse or child was living apart from the bankrupt,
whether the order or agreement provides for periodic amounts or lump
sum amounts, is a claim provable under this Act.
|
|
|
|
Clause 15: Subsection 137(2) reads as follows:
|
|
|
|
(2) A spouse or former spouse of a bankrupt is not entitled to claim
a dividend in respect of wages, salary, commission or compensation for
work done or services rendered in connection with the trade or business
of the bankrupt until all claims of the other creditors have been satisfied.
|
|
|
|
Clause 16: Section 138 reads as follows:
|
|
|
|
138. A father, child, mother, brother, sister, uncle or aunt by blood
or marriage of a bankrupt is not entitled to have a claim preferred as
provided by section 136, in respect of wages, salary, commission or
compensation for work done or services rendered to the bankrupt.
|
|
|
|
Clause 17: Section 177 reads as follows:
|
|
|
|
177. Where
|
|
|
|
|
|
|
|
|
|
|
|
if the settlor becomes bankrupt, and it appears to the court that the
settlement, covenant or contract was made in order to defeat or delay his
creditors, or was unjustifiable having regard to the state of the settlor's
affairs at the time when it was made, the court may refuse or suspend an
order of discharge or grant an order subject to conditions in like manner
as in cases where the bankrupt has been guilty of fraud.
|
|
|
|
Clause 18: The relevant portion of subsection 178(1)
reads as follows:
|
|
|
|
178. (1) An order of discharge does not release the bankrupt from
|
|
|
|
|
|
|
|
|
|
|
|
Clause 19: Section 191 reads as follows:
|
|
|
|
191. In case of the death of the bankrupt or the spouse of a bankrupt
or of a witness, whose evidence has been received by any court in any
proceedings under this Act, the deposition of the deceased person,
purporting to be sealed with the seal of the court, or a copy thereof
purporting to be so sealed, shall be admitted as evidence of the matters
therein deposed to.
|
|
|
|
Clause 20: Paragraph 219(2)(d.1) is new. The relevant
portion of subsection 219(2) reads as follows:
|
|
|
|
(2) On an application pursuant to subsection (1), the debtor shall file
an affidavit setting out the following:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Bills of Exchange Act |
|
|
|
Clause 22: Form 2 of the schedule reads as follows:
|
|
|
|
FORM 2 |
|
|
|
PROTEST FOR NON-ACCEPTANCE OR FOR NON-PAYMENT OF A BILL PAYABLE GENERALLY |
|
|
|
(Copy of Bill and Endorsements)
|
|
|
|
On this .................... day of ...................., in the year 19......, I, A.B.,
notary public for the Province of ...................., dwelling at ....................,
in the Province of ...................., at the request of ...................., did exhibit
the original bill of exchange, whereof a true copy is above written, unto
E.F., the (drawee or acceptor) thereof personally (or, at his residence,
office or usual place of business) in ...................., and, speaking to
himself (or his wife, his clerk, or his servant, etc.), did demand
(acceptance or payment) thereof; unto which demand (he or she)
answered: '' .................... ''.
|
|
|
|
Wherefore I, the said notary, at the request aforesaid, have protested,
and by these presents do protest against the acceptor, drawer and
endorsers (or drawer and endorsers) of the said bill, and other parties
thereto or therein concerned, for all exchange, re-exchange, and all
costs, damages and interest, present and to come, for want of
(acceptance or payment) of the said bill.
|
|
|
|
All of which I attest by my signature.
|
|
|
|
A.B.,
|
|
|
|
Notary Public |
|
|
|
Clause 23: Form 5 of the schedule reads as follows:
|
|
|
|
FORM 5 |
|
|
|
PROTEST FOR NON-PAYMENT OF A NOTE PAYABLE GENERALLY |
|
|
|
(Copy of Note and Endorsements)
|
|
|
|
On this .................... day of ...................., in the year 19......, I, A.B.,
notary public for the Province of ...................., dwelling at ....................,
in the Province of ...................., at the request of ...................., did exhibit
the original promissory note, whereof a true copy is above written, unto
.................... the promisor, personally (or, at his residence, office or
usual place of business), in ...................., and speaking to himself (or his
wife, his clerk or his servant, etc.), did demand payment thereof; unto
which demand (he or she) answered: '' .................... ''.
|
|
|
|
Wherefore I, the said notary, at the request aforesaid, have protested,
and by these presents do protest against the promisor and endorsers of
the said note, and all other parties thereto or therein concerned, for all
costs, damages and interest, present and to come, for want of payment
of the said note.
|
|
|
|
All of which I attest by my signature.
|
|
|
|
A.B.,
|
|
|
|
Notary Public |
|
|
|
Clause 24: Form 10 of the schedule reads as follows:
|
|
|
|
FORM 10 |
|
|
|
PROTEST BY A JUSTICE OF THE PEACE (WHERE THERE IS NO NOTARY) FOR NON-ACCEPTANCE OF A BILL, OR NON-PAYMENT OF A BILL OR NOTE |
|
|
|
(Copy of Bill or Note and Endorsements)
|
|
|
|
On this .................... day of ...................., in the year 19......, I, N.O.,
one of Her Majesty's justices of the peace for the District (or County,
etc.), of ...................., in the Province of ...................., dwelling at (or
near) the village of ...................., in the said District, there being no
practising notary public at or near the said village (or any other legal
cause), did, at the request of .................... and in the presence of
.................... well known unto me, exhibit the original (bill or note)
whereof a true copy is above written unto P.Q., the (drawer, acceptor or
promisor) thereof, personally (or at his residence, office or usual place
of business) in .................... and speaking to himself (his wife, his clerk
or his servant, etc.), did demand (payment or acceptance) thereof, unto
which demand (he or she) answered: '' .................... ''.
|
|
|
|
Wherefore I, the said justice of the peace, at the request aforesaid,
have protested, and by these presents do protest against the (drawer and
endorsers, promisor and endorsers or acceptor, drawer and endorsers)
of the said (bill or note) and all other parties thereto and therein
concerned, for all exchange, re-exchange, and all costs, damages and
interest, present and to come, for want of (payment or acceptance) of the
said (bill or note).
|
|
|
|
All which is by these presents attested by the signature of the said
(the witness) and by my hand and seal.
|
|
|
|
........................................................
|
|
|
|
(Signature of the witness)
|
|
|
|
........................................................
|
|
|
|
(Signature and seal of the J.P.)
|
|
|
|
Bridges Act |
|
|
|
Clause 25: The relevant portion of section 14 reads as
follows:
|
|
|
|
14. No inspection made under this Act, nothing in this Act nor
anything done or ordered or omitted to be done or ordered under or by
virtue of this Act
|
|
|
|
|
|
|
|
Business Development Bank of Canada Act |
|
|
|
Clause 26: The definition ``interested person'' in
section 31 reads as follows:
|
|
|
|
``interested person'' means
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Canada Business Corporations Act |
|
|
|
Clause 27: Paragraph (f) of the definition ``associate''
in subsection 2(1) is new. The relevant portion of that
definition reads as follows:
|
|
|
|
``associate'' when used to indicate a relationship with any person means
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Canada Cooperatives Act |
|
|
|
Clause 28: Paragraph (h) of the definition
``associate'' in subsection 2(1) is new. The relevant
portion of that definition reads as follows:
|
|
|
|
``associate'', in respect of a relationship with a person, means
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Canada Corporations Act |
|
|
|
Clause 29: Paragraph (f) of the definition ``associate''
in subsection 100(1) is new. The relevant portion of that
definition reads as follows:
|
|
|
|
``associate'', when used to indicate a relationship with any person,
means
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Canada Elections Act |
|
|
|
Clause 30: New.
|
|
|
|
Clause 31: The relevant portion of subsection 15(1)
reads as follows:
|
|
|
|
15. (1) The returning officer for an electoral district shall, forthwith
on appointment, appoint in writing an assistant returning officer, who
shall be a person
|
|
|
|
|
|
|
|
|
|
|
|
Clause 32: The relevant portion of section 60 reads as
follows:
|
|
|
|
60. Each candidate at a general election who, on the day before the
dissolution of Parliament immediately preceding the election, was a
member, and any spouse or dependant of that candidate who lives with
him and is qualified as an elector is, respectively, entitled
|
|
|
|
Clause 33: Subsection 126.1(2) reads as follows:
|
|
|
|
(2) An application made pursuant to subsection (1) shall be signed
by the elector and shall be delivered personally to the returning officer
or assistant returning officer referred to in subsection (1) by the elector
or by a friend or relative of the elector.
|
|
|
|
Clause 34: (1) Subsection 135.2(1) reads as follows:
|
|
|
|
135.2 (1) If an elector requires assistance to vote, a friend or relative
may accompany the elector into the voting compartment and assist the
elector to mark the elector's ballot paper.
|
|
|
|
(2) Subsection 135.2(3) reads as follows:
|
|
|
|
(3) A friend or relative who wishes to assist an elector in marking a
ballot paper shall first take an oath, in the prescribed form, that the
person
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 35: New.
|
|
|
|
Clause 36: The relevant portion of subsection 19(4) of
Schedule II reads as follows:
|
|
|
|
(4) A member of the regular force who is not a member of the special
force of the Canadian Forces may, once a year, except during an
election,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 37: Subsection 21(3) of Schedule II reads as
follows:
|
|
|
|
(3) For the purposes of this section, dependant means a spouse or
relative, related by blood or marriage, who ordinarily resides with the
elector.
|
|
|
|
Clause 38: The relevant portion of subsection 22(1) of
Schedule II reads as follows:
|
|
|
|
22. (1) To be included in the registry referred to in section 21, an
elector must file with the Chief Electoral Officer an application for
registration and special ballot containing such information in the form
of a declaration as the Chief Electoral Officer may require, including
|
|
|
|
|
|
|
|
Clause 39: The relevant portion of subsection 49(1) of
Schedule II reads as follows:
|
|
|
|
49. (1) Prior to the tenth day before ordinary polling day, the
appropriate liaison officers shall cause to be completed applications for
registration and special ballot in the prescribed form for every eligible
elector of the correctional institution, indicating the elector's surname,
given names, sex and date of birth, and the city, town, village or other
place in Canada, with street address, if any, province and postal code in
which is situated
|
|
|
|
|
|
|
|
|
|
|
|
Canada Mortgage and Housing Corporation Act |
|
|
|
Clause 41: New.
|
|
|
|
Canada Pension Plan |
|
|
|
Clause 42: (1) The definition ``spouse'' in subsection
2(1) reads as follows:
|
|
|
|
``spouse'', in relation to a contributor, means,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) New.
|
|
|
|
Clause 43: The relevant portion of subsection 6(2)
reads as follows:
|
|
|
|
(2) Excepted employment is
|
|
|
|
|
|
|
|
|
|
|
|
Clause 44: (1) The definition ``surviving spouse with
dependent children'' in subsection 42(1) reads as
follows:
|
|
|
|
``surviving spouse with dependent children'' means a surviving spouse
of a contributor who maintains wholly or substantially one or more
dependent children of the contributor;
|
|
|
|
(2) The definition ``child'' in subsection 42(1) reads
as follows:
|
|
|
|
``child'' of a contributor means a child of the contributor, whether born
before or after the contributor's death, and includes an individual
adopted legally or in fact by the contributor while the individual was
under twenty-one years of age, and an individual of whom, either
legally or in fact, the contributor had, or immediately before the
individual reached twenty-one years of age did have, the custody
and control, but does not include a child of the contributor who is
adopted legally or in fact by someone other than the contributor or
his spouse prior to the death or disability of the contributor unless the
contributor was maintaining the child, as defined by regulation;
|
|
|
|
(3) New.
|
|
|
|
Clause 45: (1) The relevant portion of subsection
44(1) reads as follows:
|
|
|
|
44. (1) Subject to this Part,
|
|
|
|
|
|
|
|
|
|
|
|
(2) New.
|
|
|
|
Clause 46: (1) Subsection 55(1) reads as follows:
|
|
|
|
55. (1) Subject to this section, subsections 55.2(2), (3) and (4) and
section 55.3, an application for a division of the unadjusted pensionable
earnings of the former spouses to a marriage may be made in writing to
the Minister by or on behalf of either former spouse, by the estate of
either former spouse or by such person as may be prescribed, within
thirty-six months or, where both former spouses agree in writing, at any
time after the date of a decree absolute of divorce, of a judgment
granting a divorce under the Divorce Act or of a judgment of nullity of
the marriage, granted or rendered on or after January 1, 1978 and before
the coming into force of section 55.1.
|
|
|
|
(2) Subsections 55(2) to (4) read as follows:
|
|
|
|
(2) For the purposes of this section,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(3) In determining the period for which the unadjusted pensionable
earnings of the former spouses shall be divided, only those months
during which the former spouses cohabited during the marriage shall be
considered and, for the purposes of this section, months during which
former spouses cohabited shall be determined in the prescribed manner.
|
|
|
|
(4) On approval by the Minister of an application referred to in
subsection (1), the unadjusted pensionable earnings for each former
spouse for the period of cohabitation attributable to contributions made
under this Act, determined in the same manner as the total pensionable
earnings attributable to contributions made under this Act are
determined in section 78, shall be added and then divided equally and
the unadjusted pensionable earnings so divided shall be attributed to
each former spouse.
|
|
|
|
(3) Subsections 55(6) to (8) read as follows:
|
|
|
|
(6) No division of unadjusted pensionable earnings for a period of
cohabitation shall be made
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(7) Where an application referred to in subsection (1) has been
approved and a benefit is payable under this Act to or in respect of either
of the former spouses to a marriage for any month commencing on or
before the day of receipt of an application under subsection (1), the
basic amount of the benefit shall be calculated and adjusted in
accordance with section 45 but subject to the division of unadjusted
pensionable earnings made under this section and the adjusted benefit
shall be paid effective the month following the month the application
referred to in subsection (1) is received.
|
|
|
|
(8) On approval by the Minister of an application for division of
unadjusted pensionable earnings, an applicant and the former spouse to
the marriage or his estate shall be notified in a manner prescribed by
regulation and, where the applicant or the former spouse to the marriage
or his estate is dissatisfied with the division or the result thereof, the right
of appeal as set out in this Part applies.
|
|
|
|
Clause 47: Section 55.11 is new. Section 55.1 reads as
follows:
|
|
|
|
55.1 (1) Subject to this section and sections 55.2 and 55.3, a division
of unadjusted pensionable earnings shall take place in the following
circumstances:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) For the purposes of this section,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(3) For the purposes of this section, the spouses or former spouses
must have cohabited for a continuous period of at least one year in order
for a division of unadjusted pensionable earnings to take place, and, for
the purposes of this subsection, a continuous period of at least one year
shall be determined in a manner prescribed by regulation.
|
|
|
|
(4) In determining the period for which the unadjusted pensionable
earnings of the spouses or former spouses shall be divided, only those
months during which the spouses or former spouses cohabited shall be
considered, and, for the purposes of this subsection, months during
which the spouses or former spouses cohabited shall be determined in
the prescribed manner.
|
|
|
|
(5) Before a division of unadjusted pensionable earnings is made
under this section, or within the prescribed period after such a division
is made, the Minister may refuse to make the division or may cancel the
division, as the case may be, if the Minister is satisfied that
|
|
|
|
|
|
|
|
|
|
|
|
(6) This section applies
|
|
|
|
|
|
|
|
|
|
|
|
Clause 48: (1) Subsection 55.2(1) reads as follows:
|
|
|
|
55.2 (1) In this section, ``spousal agreement'' means
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) Subsections 55.2(2) to (5) read as follows:
|
|
|
|
(2) Except as provided in subsection (3), where a spousal agreement
was entered into or a court order was made on or after June 4, 1986, the
provisions of that spousal agreement or court order are not binding on
the Minister for the purposes of a division of unadjusted pensionable
earnings under section 55 or 55.1.
|
|
|
|
(3) Where
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
the Minister shall not make a division under section 55 or 55.1.
|
|
|
|
(4) The Minister shall, forthwith after being informed of a decree
absolute of divorce, a judgment granting a divorce under the Divorce
Act or a judgment of nullity of a marriage or after receiving an
application under section 55 or 55.1, notify each of the spouses or
former spouses, in prescribed manner, of the periods of unadjusted
pensionable earnings to be divided, and of such other information as the
Minister deems necessary.
|
|
|
|
(5) Where there is a division under section 55.1, the unadjusted
pensionable earnings for each spouse or former spouse for the period
of cohabitation attributable to contributions made under this Act,
determined in the same manner as the total pensionable earnings
attributable to contributions made under this Act are determined in
section 78, shall be added and then divided equally, and the unadjusted
pensionable earnings so divided shall be attributed to each spouse or
former spouse.
|
|
|
|
(3) Subsections 55.2(7) to (10) read as follows:
|
|
|
|
(7) No division under section 55.1 shall be made for any month
during which the spouses or former spouses cohabited and for which
either of them contributed to a provincial pension plan (and, for the
purposes of this subsection, months during which the spouses or former
spouses cohabited shall be determined in the prescribed manner),
unless the unadjusted pensionable earnings attributed to the spouses or
former spouses under the provincial pension plan are divided for that
month in a manner substantially similar to that described in this section
and section 55.1.
|
|
|
|
(8) No division under section 55.1 for a period of cohabitation shall
be made
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(9) Where there is a division under section 55.1 and a benefit is or
becomes payable under this Act to or in respect of either of the spouses
or former spouses for a month not later than the month following the
month in which the division takes place, the basic amount of the benefit
shall be calculated and adjusted in accordance with section 46 and
adjusted in accordance with subsection 45(2) but subject to the division,
and the adjusted benefit shall be paid effective the month following the
month in which the division takes place but in no case shall a benefit that
was not payable in the absence of the division be paid in respect of the
month in which the division takes place or any prior month.
|
|
|
|
(10) Where there is a division under section 55.1, both spouses or
former spouses or their respective estates shall be notified in the
prescribed manner.
|
|
|
|
Clause 49: Subsections 55.3(1) and (2) read as
follows:
|
|
|
|
55.3 (1) Where an application for a division of unadjusted
pensionable earnings is made under subsection 55(1) or 55.1(1) or the
Minister receives the prescribed information referred to in paragraph
55.1(1)(a) and the Minister is satisfied, on the basis of evidence
provided by or on behalf of the spouse or former spouse, that the spouse
or former spouse had been incapable of forming or expressing an
intention to make an application or to provide the information to the
Minister on the day on which the application was actually made or the
information was actually received, the Minister may deem the
application to have been made or the information to have been received
in the first month in which a division could have taken place or in the
month that the Minister considers the spouse's or former spouse's last
relevant period of incapacity to have commenced, whichever is the
later.
|
|
|
|
(2) Where an application for a division of unadjusted pensionable
earnings is made under subsection 55(1) or 55.1(1) or the Minister
receives the prescribed information referred to in paragraph 55.1(1)(a)
and the Minister is satisfied, on the basis of evidence provided by or on
behalf of the spouse or former spouse, that
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
the Minister may deem the application to have been made or the
information to have been received in the first month in which a division
could have taken place or in the month in which the Minister considers
the spouse's or former spouse's last relevant period of incapacity to
have commenced, whichever is the later.
|
|
|
|
Clause 50: (1) Subsection 58(4) reads as follows:
|
|
|
|
(4) For the purpose of calculating the monthly amount of a survivor's
pension under subsection (3) for any surviving spouse who
|
|
|
|
|
|
|
|
|
|
|
|
the ratio referred to in that subsection shall be calculated as if the
Pension Index for the year in which the contributor died had not been
subject to the limitation referred to in paragraph 43.1(2)(a) of the
Canada Pension Plan, chapter C-5 of the Revised Statutes of Canada,
1970, of 1.02 times the Pension Index for the preceding year.
|
|
|
|
(2) The relevant portion of subsection 58(8) reads as
follows:
|
|
|
|
(8) Except where otherwise provided by an agreement under section
80, where a survivor's pension under this Act and a disability pension
under a provincial pension plan are payable to the surviving spouse of
a contributor and either the date of death of the contributor or the date
on which the surviving spouse is deemed to have become disabled for
the purposes of a provincial pension plan is after December 31, 1997,
the amount of the survivor's pension is an amount that, when added to
the amount of the disability pension for a month in the year in which the
survivor's pension or the disability pension commenced to be payable,
whichever is the later, equals the aggregate of
|
|
|
|
(3) The relevant portion of subsection 58(8.1) reads as
follows:
|
|
|
|
(8.1) Except where otherwise provided by an agreement under
section 80, where a survivor's pension under this Act and a disability
pension under a provincial pension plan are payable to the surviving
spouse of a contributor and subsection (8) does not apply, the amount
of the survivor's pension is an amount that, when added to the amount
of the disability pension for a month in the year in which the survivor's
pension or the disability pension commenced to be payable, whichever
is the later, equals the aggregate of
|
|
|
|
Clause 51: New.
|
|
|
|
Clause 52: (1) Subsections 65.1(1) and (2) read as
follows:
|
|
|
|
65.1 (1) Notwithstanding subsection 65(1) but subject to this
section, the Minister may approve the assignment of a portion of a
contributor's retirement pension to his spouse, on application in
prescribed manner and form by the contributor or his spouse, if the
circumstances described in either subsection (6) or (7) exist.
|
|
|
|
(2) In this section, ``spousal agreement'' means
|
|
|
|
|
|
|
|
|
|
|
|
(2) Subsections 65.1(3) to (9) read as follows:
|
|
|
|
(3) Except as provided in subsection (4), where a spousal agreement
was entered into or a court order was made on or after June 4, 1986, the
provisions of that spousal agreement or court order are not binding on
the Minister for the purposes of an assignment under this section.
|
|
|
|
(4) Where
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
the Minister shall not approve an assignment under this section.
|
|
|
|
(5) The Minister shall, forthwith after receiving an application from
one spouse for an assignment under this section, notify the other spouse,
in prescribed manner, that such an application has been made, and of
such other information as the Minister deems necessary.
|
|
|
|
(6) Where
|
|
|
|
|
|
|
|
|
|
|
|
the assignment shall be made in respect of both retirement pensions and,
in the case described in paragraph (b), in accordance with the
agreement.
|
|
|
|
(7) Where
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
the assignment shall be made only in respect of the retirement pension
of the contributor spouse.
|
|
|
|
(8) In subsection (9),
|
|
|
|
``joint contributory period'' means the period commencing on January
1, 1966 or with the month in which the elder of the two spouses
reaches eighteen years of age, whichever is later, and ending
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
``period of cohabitation'' has the prescribed meaning, but in all cases
shall be deemed to end with the month in which the joint contributory
period ends.
|
|
|
|
(9) The portion of a contributor's retirement pension to be assigned
to his spouse under this section is an amount calculated by multiplying
|
|
|
|
|
|
|
|
by
|
|
|
|
|
|
|
|
(3) Subsections 65.1(11) and (11.1) read as follows:
|
|
|
|
(11) An assignment under this section ceases with the earliest of
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(11.1) Where paragraph (11)(e) applies, either spouse may make a
request in writing to the Minister to have the assignment reinstated.
|
|
|
|
(4) Subsection 65.1(12) reads as follows:
|
|
|
|
(12) On approval by the Minister of an assignment under this section,
both spouses shall be notified in the prescribed manner.
|
|
|
|
Clause 53: Subsection 66(5) reads as follows:
|
|
|
|
(5) Where the Minister is satisfied that a person has been denied a
division of unadjusted pensionable earnings under section 55 or 55.1 as
a result of the provisions of a spousal agreement entered into or a court
order made before June 4, 1986, the Minister shall take such remedial
action as the Minister considers appropriate to place the person in the
position that the person would be in under this Act had the division been
approved, including attributing to that person the earnings that would
have been attributed had the division been approved, if
|
|
|
|
|
|
|
|
|
|
|
|
Clause 54: (1) and (2) The relevant portion of section
72 reads as follows:
|
|
|
|
72. Subject to section 62, where payment of a survivor's pension is
approved, the pension is payable for each month commencing with the
month following
|
|
|
|
(3) New.
|
|
|
|
Clause 55: New.
|
|
|
|
Clause 56: The relevant portion of section 75 reads as
follows:
|
|
|
|
75. Where a disabled contributor's child's benefit is payable to a
child of a disabled contributor or an orphan's benefit is payable to an
orphan of a contributor, payment thereof shall, if the child or orphan has
not reached eighteen years of age, be made to the person or agency
having custody and control of the child or orphan, or, where there is no
person or agency having custody and control of the child or orphan, to
such person or agency as the Minister may direct, and for the purposes
of this Part,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 57: The relevant portion of subsection 76(1)
reads as follows:
|
|
|
|
76. (1) A disabled contributor's child's benefit ceases to be payable
with the payment for the month in which
|
|
|
|
|
|
|
|
|
|
|
|
Clause 58: The relevant portion of subsection 80(1)
reads as follows:
|
|
|
|
80. (1) Notwithstanding section 77, the Minister, with the approval
of the Governor in Council, may on behalf of the Government of
Canada enter into an agreement with the appropriate authority of a
province providing a comprehensive pension plan to provide for the
administration and coordination of this Act and the provincial pension
plan in respect of persons who are contributors under this Act or the
provincial plan or both, including, without limiting the generality of the
foregoing,
|
|
|
|
|
|
|
|
|
|
|
|
Clause 59: (1) Section 81 reads as follows:
|
|
|
|
81. (1) Where
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
the spouse, former spouse, estate, applicant, beneficiary or
beneficiary's spouse or, subject to the regulations, any person on behalf
thereof may, within ninety days after the day on which the spouse,
former spouse, estate, applicant, beneficiary or beneficiary's spouse is
notified in the prescribed manner of the decision or determination, or
within such longer period as the Minister may either before or after the
expiration of those ninety days allow, make a request to the Minister in
the prescribed form and manner for a reconsideration of that decision
or determination.
|
|
|
|
(2) The Minister shall forthwith reconsider any decision or
determination referred to in subsection (1) and may confirm or vary it,
and may approve payment of a benefit, determine the amount of a
benefit or determine that no benefit is payable, and shall thereupon in
writing notify the spouse, former spouse, estate, applicant, beneficiary
or beneficiary's spouse of the Minister's decision and of the reasons
therefor.
|
|
|
|
(2) Subsection 81(2), as enacted by chapter 40 of the
Statutes of Canada, 1997, reads as follows:
|
|
|
|
(2) The Minister shall reconsider without delay any decision or
determination referred to in subsection (1) or (1.1) and may confirm or
vary it, and may approve payment of a benefit, determine the amount
of a benefit or determine that no benefit is payable, and shall notify in
writing the spouse, former spouse, estate or succession, applicant,
beneficiary or beneficiary's spouse of the Minister's decision and of the
reasons for it.
|
|
|
|
Clause 60: Subsection 82(1) reads as follows:
|
|
|
|
82. (1) A spouse, former spouse, estate, applicant, beneficiary or
beneficiary's spouse who is dissatisfied with a decision of the Minister
made under section 81 or subsection 84(2), or a person who is
dissatisfied with a decision of the Minister made under subsection
27.1(2) of the Old Age Security Act, or, subject to the regulations, any
person on their behalf, may appeal the decision to a Review Tribunal in
writing within 90 days, or any longer period that the Commissioner of
Review Tribunals may, either before or after the expiration of those 90
days, allow, after the day on which the spouse, former spouse, estate,
applicant, beneficiary or beneficiary's spouse is notified in the
prescribed manner of the decision or the person is notified in writing of
the Minister's decision and of the reasons for it.
|
|
|
|
Clause 61: Subsection 83(1) reads as follows:
|
|
|
|
83. (1) A spouse, former spouse, estate, applicant, beneficiary or
beneficiary's spouse or, subject to the regulations, any person on behalf
thereof, or the Minister, if dissatisfied with a decision of a Review
Tribunal made under section 82, other than a decision made in respect
of an appeal referred to in subsection 28(1) of the Old Age Security Act,
or under subsection 84(2), may, within ninety days after the day on
which that decision is communicated to the spouse, former spouse,
estate, applicant, beneficiary, beneficiary's spouse, person or Minister,
or within such longer period as the Chairman or Vice-Chairman of the
Pension Appeals Board may either before or after the expiration of
those ninety days allow, apply in writing to the Chairman or
Vice-Chairman for leave to appeal that decision to the Pension Appeals
Board.
|
|
|
|
Clause 62: Section 87 reads as follows:
|
|
|
|
87. Subject to such conditions as may be prescribed, the Minister is
entitled, for the purpose of ascertaining the age of any applicant or
beneficiary or his spouse or former spouse, to obtain from Statistics
Canada, on request, any information respecting that person's age that is
contained in the returns of any census taken more than thirty years
before the date of the request.
|
|
|
|
Clause 63: Subsection 88(1) reads as follows:
|
|
|
|
88. (1) Where a contributor or beneficiary or the spouse or former
spouse of a contributor or beneficiary has, either before or after the
coming into force of this section, disappeared under circumstances that,
in the opinion of the Minister, raise beyond a reasonable doubt a
presumption that the contributor, beneficiary, spouse or former spouse
is dead, the Minister may determine the date for the purposes of this Act
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.
|
|
|
|
Canadian Forces Superannuation Act |
|
|
|
Clause 66: Section 25.1 reads as follows:
|
|
|
|
25.1 (1) Where a contributor who is entitled to an annuity under this
Act has a spouse and the spouse would not be entitled to an immediate
annual allowance under any other provision of this Act in the event of
the contributor's death, the contributor may, subject to the regulations,
elect to reduce the amount of the annuity to which the contributor is
entitled in order that the spouse could become entitled to an immediate
annual allowance under subsection (3).
|
|
|
|
(2) If a contributor makes an election under subsection (1), the
amount of the annuity to which the contributor is entitled shall be
reduced in accordance with the regulations but the actuarial present
value of both the reduced annuity and the immediate annual allowance
to which the spouse could become entitled under subsection (3) may not
be less than the actuarial present value of the annuity to which the
contributor is entitled immediately before the reduction is made.
|
|
|
|
(3) Where a contributor who has made an election under subsection
(1) dies and the election is not deemed to be revoked under subsection
(4), the person, if any, who was the spouse of the contributor both at the
time of the election and at the time of death is entitled to an immediate
annual allowance in an amount determined in accordance with the
election and the regulations.
|
|
|
|
(4) If a contributor who makes an election under subsection (1) is
subsequently re-enrolled in or transferred to the regular force and
required by subsection 5(1) to contribute to the Superannuation
Account, the election is deemed to be revoked at the time determined
in accordance with the regulations.
|
|
|
|
(5) Section 29 does not apply in respect of a person referred to in
subsection (3).
|
|
|
|
Clause 67: (1) Subsection 36(1) reads as follows:
|
|
|
|
36. (1) Where any court in Canada of competent jurisdiction has
made a financial support order requiring a recipient to pay an amount
to a spouse, former spouse, child or other person, amounts payable to
the recipient under this Part or Part III are subject to being diverted to
the person named in the financial support order in accordance with Part
II of the Garnishment, Attachment and Pension Diversion Act.
|
|
|
|
(2) Subsection 36(4) reads as follows:
|
|
|
|
(4) For the purposes of Part II of the Garnishment, Attachment and
Pension Diversion Act, all survivors within the meaning of this Act are
deemed to be included in the definition ``recipient'' in subsection 32(1)
of that Act.
|
|
|
|
Clause 68: The relevant portion of subsection 50.1(1)
reads as follows:
|
|
|
|
50.1 (1) The Governor in Council may make regulations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Canadian Peacekeeping Service Medal Act |
|
|
|
Clause 69: New. The relevant portion of section 8
reads as follows:
|
|
|
|
8. The Governor in Council may make regulations
|
|
|
|
Canadian Wheat Board Act |
|
|
|
Clause 70: Subsection 10(1) reads as follows:
|
|
|
|
10. (1) The Corporation may, with the approval of the Governor in
Council, establish a pension fund for the directors and the officers,
clerks and employees employed by the Corporation under this Act and
their dependants, and may contribute to it out of funds of the
Corporation.
|
|
|
|
Clause 71: Subsection 11(1) reads as follows:
|
|
|
|
11. (1) With the approval of the Governor in Council, the
Corporation may enter into a contract with any person
|
|
|
|
|
|
|
|
|
|
|
|
for the directors and the officers, clerks and employees employed by the
Corporation under this Act and their dependants.
|
|
|
|
Clause 72: New.
|
|
|
|
Carriage by Air Act |
|
|
|
Clause 73: Section 1 of Schedule II reads as follows:
|
|
|
|
1. The liability shall be enforceable for the benefit of such of the
members of the passenger's family as sustained damage by reason of
the death of the passenger.
|
|
|
|
In this paragraph, reference to a ``member of a family'' is to a wife
or husband, parent, step-parent, grandparent, brother, sister,
half-brother, half-sister, child, step-child or grandchild.
|
|
|
|
In deducing any such relationship, any illegitimate person and any
adopted person shall be treated as being, or as having been, the
legitimate child of the mother and reputed father or the adopters, as the
case may be, of the person.
|
|
|
|
Citizenship Act |
|
|
|
Clause 74: New.
|
|
|
|
Civil Service Insurance Act |
|
|
|
Clause 78: New.
|
|
|
|
Clause 79: New.
|
|
|
|
Civilian War-related Benefits Act |
|
|
|
Clause 80: Section 29 reads as follows:
|
|
|
|
29. No pension for death shall be awarded under this Part to or in
respect of any person other than the surviving spouse and children of the
special constable on account of whose death pension is claimed.
|
|
|
|
Clause 81: Section 34 reads as follows:
|
|
|
|
34. (1) No pension shall be awarded under this Part to the surviving
spouse of any person in respect of the death of the person unless the
surviving spouse wholly or to a substantial extent maintained or was
maintained by him at the time of his death and unless the surviving
spouse was married to him prior to the day the war service injury in
respect of which a pension is claimed was sustained.
|
|
|
|
(2) No additional pension shall be awarded under this Part to any
person in respect of his spouse unless the spouse was wholly or to a
substantial extent maintained by him immediately prior to the day the
war service injury in respect of which an additional pension is claimed
was sustained.
|
|
|
|
Clause 82: Section 53 reads as follows:
|
|
|
|
53. Where a Civilian Member of Overseas Air Crew, during service
and as a direct result of enemy action or counteraction against the
enemy, incurred an injury or disease or aggravation thereof resulting in
serious disability or death and is in necessitous circumstances, or, in the
case of death, a surviving spouse, child or children are in necessitous
circumstances, or, there being no surviving spouse or children, a
dependent parent or parents are in necessitous circumstances, the
Minister may in the Minister's discretion award such pension and
allowances, not exceeding the rates payable under Schedules I, II and
III of the Pension Act, as the Minister may from time to time deem to be
adequate.
|
|
|
|
Cooperative Credit Associations Act |
|
|
|
Clause 84: New.
|
|
|
|
Clause 85: Subsection 466(3) reads as follows:
|
|
|
|
(3) Where a person has been convicted of an offence under this Act,
the court may, where it is satisfied that as a result of the commission of
the offence the convicted person acquired any monetary benefits or that
monetary benefits accrued to the convicted person or to the spouse or
other dependant of the convicted person, order the convicted person to
pay, notwithstanding the maximum amount of any fine that may
otherwise be imposed under this Act, an additional fine in an amount
equal to the court's estimation of the amount of those monetary benefits.
|
|
|
|
Corporations Returns Act |
|
|
|
Clause 87: (1) The definition ``related group'' in
subsection 2(1) reads as follows:
|
|
|
|
``related group'' means a group of individuals each member of which
is connected to at least one other member of the group by blood
relationship, marriage or adoption;
|
|
|
|
(2) New.
|
|
|
|
(3) Paragraph 2(3)(b.1) is new. The relevant portion of
subsection 2(3) reads as follows:
|
|
|
|
(3) For the purposes of this Act,
|
|
|
|
|
|
|
|
|
|
|
|
Corrections and Conditional Release Act |
|
|
|
Clause 88: The relevant portion of the definition
``victim'' in subsection 2(1) reads as follows:
|
|
|
|
``victim''
|
|
|
|
|
|
|
|
|
|
|
|
Cree-Naskapi (of Quebec) Act |
|
|
|
Clause 89: (1) The relevant portion of the definition
````Inuk of Fort George'' or ``Inuit of Fort George'''' in
subsection 2(1) reads as follows:
|
|
|
|
``Inuk of Fort George'' (in the singular) or ``Inuit of Fort George'' (in
the plural) means a person who
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) New.
|
|
|
|
Clause 90: (1) and (2) Paragraph (c) of the definition
``consorts'' in section 174 is new. The relevant portion
of that definition reads as follows:
|
|
|
|
``consorts'' means
|
|
|
|
Criminal Code |
|
|
|
Clause 91: New.
|
|
|
|
Clause 92: Subsection 23(2) reads as follows:
|
|
|
|
(2) No married person whose spouse has been a party to an offence
is an accessory after the fact to that offence by receiving, comforting or
assisting the spouse for the purpose of enabling the spouse to escape.
|
|
|
|
Clause 93: (1) The relevant portion of subsection
215(1) reads as follows:
|
|
|
|
215. (1) Every one is under a legal duty
|
|
|
|
|
|
|
|
|
|
|
|
(2) and (3) The relevant portion of subsection 215(4)
reads as follows:
|
|
|
|
(4) For the purpose of proceedings under this section,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 94: Section 329 reads as follows:
|
|
|
|
329. (1) Subject to subsection (2), no husband or wife, during
cohabitation, commits theft of anything that is by law the property of the
other.
|
|
|
|
(2) A husband or wife commits theft who, intending to desert or on
deserting the other or while living apart from the other, fraudulently
takes or converts anything that is by law the property of the other in a
manner that, if it were done by another person, would be theft.
|
|
|
|
(3) Every one commits theft who, during cohabitation of a husband
and wife, knowingly
|
|
|
|
|
|
|
|
|
|
|
|
Customs Act |
|
|
|
Clause 96: The relevant portion of subsection 45(3)
reads as follows:
|
|
|
|
(3) For the purposes of sections 46 to 55, persons are related to each
other if
|
|
|
|
|
|
|
|
Defence Services Pension Continuation Act |
|
|
|
Clause 97: Section 26.1 reads as follows:
|
|
|
|
26.1 (1) Where an officer who is in receipt of a pension has a spouse
and, by reason of paragraph 26(d) or (e), a pension could not be granted
to the spouse under section 25 in the event of the officer's death, the
officer may elect, at the prescribed time and in the prescribed manner,
to reduce the amount of the officer's pension in order that a pension
could be granted to the spouse under subsection (3).
|
|
|
|
(2) If an officer makes an election, the amount of the officer's
pension shall be reduced in accordance with the regulations, but the
actuarial present value of both the reduced pension and the pension that
could be granted to the spouse under subsection (3) may not be less than
the actuarial present value of the officer's pension immediately before
the reduction is made.
|
|
|
|
(3) The Minister shall grant a pension to the widow of any officer
who makes an election if
|
|
|
|
|
|
|
|
|
|
|
|
(4) The pension granted to a widow under subsection (3) shall be in
an amount determined in accordance with the regulations.
|
|
|
|
(5) If an officer who makes an election is subsequently enrolled in
or transferred to the regular force and required by subsection 5(1) of the
Canadian Forces Superannuation Act to contribute to the Canadian
Forces Superannuation Account, the election is deemed to be revoked
at the time determined in accordance with the regulations, but otherwise
an election is irrevocable.
|
|
|
|
(6) Section 32 does not apply to a widow who is granted a pension
under subsection (3).
|
|
|
|
(7) The Governor in Council may make regulations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 98: (1) Subsection 35.1(1) reads as follows:
|
|
|
|
35.1 (1) Where any court in Canada of competent jurisdiction has
made a financial support order requiring a pensioner to pay an amount
to a spouse, former spouse, child or other person, amounts payable to
the pensioner under this Act are subject to being diverted to the person
named in the financial support order in accordance with Part II of the
Garnishment, Attachment and Pension Diversion Act.
|
|
|
|
(2) Subsection 35.1(3) reads as follows:
|
|
|
|
(3) For the purposes of Part II of the Garnishment, Attachment and
Pension Diversion Act, all survivors within the meaning of this Act are
deemed to be included in the definition ``recipient'' in subsection 32(1)
of that Act.
|
|
|
|
Diplomatic Service (Special) Superannuation Act |
|
|
|
Clause 99: New.
|
|
|
|
Clause 100: (1) Subsections 5(9.1) to (9.4) are new.
Subsection 5(9) reads as follows:
|
|
|
|
(9) On the death of a Public Official who is a contributor under this
Act, other than a Public Official who has made an election under
subsection 9(1), there shall be paid, as a death benefit, to his surviving
spouse the total amount of the contributions made by that Public
Official under this Part, together with interest, if any, calculated
pursuant to subsection (10).
|
|
|
|
(2) The relevant portion of subsection 5(10) reads as
follows:
|
|
|
|
(10) Where, at any time after December 31, 1974, a Public Official
or his surviving spouse becomes entitled, pursuant to subsection (1), (8)
or (9) or 9(6) or section 12, to be paid any amount of the contributions
made by the Public Official under this Part, the President of the Treasury
Board shall
|
|
|
|
Clause 101: (1) Subsections 9(2.1) to (2.4) are new.
Subsections 9(2) and (3) read as follows:
|
|
|
|
(2) Where a Public Official is receiving a pension under subsection
(1), his spouse is entitled to a pension equal to one-half of the pension
to which that Public Official is entitled.
|
|
|
|
(3) Where a Public Official who has made an election under
subsection (1) dies while holding office as a Public Official, his
surviving spouse is entitled to a pension equal to one-half of the pension
to which that Public Official would have been entitled had he,
immediately prior to his death, retired or resigned from his office,
having become afflicted with a permanent infirmity disabling him from
the due execution of his office.
|
|
|
|
(2) Subsections 9(7) to (10) are new. Subsection 9(6)
reads as follows:
|
|
|
|
(6) Where a Public Official who has made an election under
subsection (1) dies while holding office as a Public Official and the
surviving spouse is not entitled to a pension under subsection (3), there
shall be paid, as a death benefit, to the surviving spouse the total amount
of the contributions made by the Public Official under this Part, together
with interest, if any, calculated pursuant to subsection 5(10).
|
|
|
|
Clause 102: New.
|
|
|
|
Clause 103: Subsection 11(5) reads as follows:
|
|
|
|
(5) Sections 5 and 6 do not apply to a Public Official who has made
an election under this section, and section 9 does not apply to the spouse
or surviving spouse of a Public Official who has made an election under
this section.
|
|
|
|
Clause 104: Section 12 reads as follows:
|
|
|
|
12. Where, on the death of a Public Official, there is no surviving
spouse to whom a pension or return of contributions under this Part may
be paid, or where the surviving spouse of a Public Official who is or
would be entitled to a pension under this Act dies or ceases to be entitled
thereto, any amount by which the total amount of the contributions
made by the Public Official under this Part, together with interest, if any,
calculated pursuant to subsection 5(10), exceeds the total amount paid
to the Public Official and the surviving spouse under this Act shall be
paid, as a death benefit, to his estate or, if less than one thousand dollars,
as the President of the Treasury Board may direct.
|
|
|
|
Clause 105: Subsection 14(2) reads as follows:
|
|
|
|
(2) Where any court in Canada of competent jurisdiction has made
a financial support order requiring a Public Official to whom a pension
or a return of contributions has become payable under this Act to pay
an amount to a spouse, former spouse, child or other person, amounts
payable to that Public Official under this Act are subject to being
diverted to the person named in the financial support order in
accordance with Part II of the Garnishment, Attachment and Pension
Diversion Act.
|
|
|
|
Employment Insurance Act |
|
|
|
Clause 106: New.
|
|
|
|
Clause 107: (1) Subsections 23(1) and (2) read as
follows:
|
|
|
|
23. (1) Notwithstanding section 18, but subject to this section,
benefits are payable to a major attachment claimant to care for one or
more new-born children of the claimant or one or more children placed
with the claimant for the purpose of adoption under the laws governing
adoption in the province in which the claimant resides.
|
|
|
|
(2) Subject to section 12, benefits under this section are payable for
each week of unemployment in the period
|
|
|
|
|
|
|
|
|
|
|
|
(2) Subsection 23(4) reads as follows:
|
|
|
|
(4) Weeks of benefits payable under this section may be divided
between the parents of the child or children.
|
|
|
|
(3) New.
|
|
|
|
Clause 108: The relevant portion of section 29 reads
as follows:
|
|
|
|
29. For the purposes of sections 30 to 33,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 109: New. The relevant portion of section 54
reads as follows:
|
|
|
|
54. The Commission may, with the approval of the Governor in
Council, make regulations
|
|
|
|
Escheats Act |
|
|
|
Clause 110: The relevant portion of section 5 reads as
follows:
|
|
|
|
5. No action shall be brought or maintained against Her Majesty the
Queen in right of Canada, the Attorney General of Canada or any
minister or officer of Her Majesty in right of Canada, by any person
claiming to be entitled in that behalf as heir or next of kin, or by or on
behalf of the shareholders or creditors of any corporation, association
or society that has been finally dissolved or wound up or that has ceased
to exist, to recover
|
|
|
|
Excise Tax Act |
|
|
|
Clause 111: (1) The definition ``former spouse'' in
subsection 123(1) reads as follows:
|
|
|
|
``former spouse'' of a particular individual includes an individual of the
opposite sex with whom the particular individual cohabited in a
conjugal relationship;
|
|
|
|
(2) New.
|
|
|
|
Clause 112: Subsection 325(4) reads as follows:
|
|
|
|
(4) Notwithstanding subsection (1), where at any time an individual
transfers property to the individual's spouse under a decree, order or
judgment of a competent tribunal or under a written separation
agreement and, at that time, the individual and the individual's spouse
were separated and living apart as a result of a breakdown of their
marriage, for the purposes of paragraph (1)(d), the fair market value at
that time of the property so transferred shall be deemed to be nil, but
nothing in this subsection limits the liability of the individual under any
provision of this Part.
|
|
|
|
Family Orders and Agreements Enforcement Assistance Act |
|
|
|
Clause 115: The long title reads as follows:
|
|
|
|
An Act to provide for the release of information that may assist in
locating defaulting spouses and other persons and to permit, for the
enforcement of support orders and support provisions, the garnishment
and attachment of certain moneys payable by Her Majesty in right of
Canada
|
|
|
|
Firearms Act |
|
|
|
Clause 116: New.
|
|
|
|
Foreign Missions and International Organizations Act |
|
|
|
Clause 119: New.
|
|
|
|
Garnishment, Attachment and Pension Diversion Act |
|
|
|
Clause 120: The relevant portion of the definition
``recipient'' in subsection 32(1) reads as follows:
|
|
|
|
``recipient'' means
|
|
|
|
|
|
|
|
Clause 121: The relevant portion of subsection 33(1)
reads as follows:
|
|
|
|
33. (1) Subject to this Part and the regulations, where
|
|
|
|
|
|
|
|
|
|
|
|
Government Annuities Act |
|
|
|
Clause 122: New.
|
|
|
|
Clause 123: (1) and (2) The relevant portion of
subsection 8(3) reads as follows:
|
|
|
|
(3) When a married man who has purchased an annuity payable to
himself applies to have a portion thereof converted into an annuity
payable to his wife, or when a married woman who has purchased an
annuity payable to herself applies to have a portion thereof converted
into an annuity payable to her husband, the Minister may make such
conversion, if
|
|
|
|
|
|
|
|
|
|
|
|
Government Corporations Operation Act |
|
|
|
Clause 124: Subsection 5(1.1) is new. Subsection 5(1)
reads as follows:
|
|
|
|
5. (1) The Public Service Superannuation Act does not apply to
officers and employees employed by a corporation but each corporation
may, with the approval of the Governor in Council, establish and
support a pension fund, a group insurance plan or other pension or
superannuation arrangements for the benefit of officers and employees
employed by the corporation and their dependants and a corporation
may, with the approval of the Governor in Council, continue any such
fund, plan or arrangement, established by the corporation, that existed
on July 26, 1946.
|
|
|
|
Government Employees Compensation Act |
|
|
|
Clause 125: New.
|
|
|
|
Clause 126: Section 10 reads as follows:
|
|
|
|
10. The parent, tutor or guardian of an infant dependant may make
an election under section 9 for that dependant.
|
|
|
|
Governor General's Act |
|
|
|
Clause 127: New.
|
|
|
|
Clause 128: Sections 7 and 8 read as follows:
|
|
|
|
7. (1) Where a person who is in receipt of an annuity under section
6 dies, there shall be paid to the surviving spouse of that person, if the
surviving spouse was the spouse of that person at the time that person
ceased to hold the office of Governor General, an annuity equal to
one-half of the annuity that was being paid to that person.
|
|
|
|
(2) Where a Governor General dies while holding office as such,
there shall be paid to the surviving spouse of the Governor General an
annuity equal to one-half of the annuity that would have been paid to the
Governor General if he had retired on the day on which he died.
|
|
|
|
(3) An annuity payable to a surviving spouse under this section shall
commence immediately after the death of that person's spouse and shall
continue thereafter during the life of the surviving spouse.
|
|
|
|
8. (1) There shall be paid to the widow of a person who before March
10, 1967 ceased to hold the office of Governor General of Canada and
died, if she was his wife at the time he ceased to hold that office, an
annuity equal to one-sixth of the salary annexed to the office of
Governor General on March 10, 1967.
|
|
|
|
(2) An annuity payable under subsection (1) shall commence on
March 10, 1967 and shall continue thereafter during the life of the
annuitant.
|
|
|
|
Clause 129: Subsection 11(1) reads as follows:
|
|
|
|
11. (1) Where any court in Canada of competent jurisdiction has
made a financial support order requiring a person in receipt of an
annuity under subsection 6(1) to pay an amount to a spouse, former
spouse, child or other person, amounts payable to the annuitant under
that subsection are subject to being diverted to the person named in the
financial support order in accordance with Part II of the Garnishment,
Attachment and Pension Diversion Act.
|
|
|
|
Income Tax Act |
|
|
|
Clause 131: (1) and (2) The relevant portion of
subsection 118(1) reads as follows:
|
|
|
|
118. (1) For the purpose of computing the tax payable under this Part
by an individual for a taxation year, there may be deducted an amount
determined by the formula
|
|
|
|
A x B
|
|
|
|
where
|
|
|
|
. . .
|
|
|
|
B is the total of,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(3) The relevant portion of subsection 118(4) reads as
follows:
|
|
|
|
(4) For the purposes of subsection (1), the following rules apply:
|
|
|
|
|
|
|
|
|
|
|
|
Clause 132: The relevant portion of subsection
118.3(2) reads as follows:
|
|
|
|
(2) Where
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 133: The relevant portion of section 118.8
reads as follows:
|
|
|
|
118.8 For the purpose of computing the tax payable under this Part
for a taxation year by an individual who, at any time in the year, is a
married person (other than an individual who, by reason of a breakdown
of their marriage, is living separate and apart from the individual's
spouse at the end of the year and for a period of 90 days commencing
in the year), there may be deducted an amount determined by the
formula
|
|
|
|
Clause 134: (1) The definition ``family'' in subsection
143(4) reads as follows:
|
|
|
|
``family'' means,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) The relevant portion of the definition ``member of
a congregation'' in subsection 143(4) reads as follows:
|
|
|
|
``member of a congregation'' means
|
|
|
|
|
|
|
|
|
|
|
|
Clause 136: The relevant portion of the definition
``annuitant'' in subsection 146.3(1) reads as follows:
|
|
|
|
``annuitant'' under a retirement income fund at any time means
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 137: The relevant portion of subsection
204.81(1) reads as follows:
|
|
|
|
204.81 (1) The Minister may register a corporation for the purposes
of this Part if, in the opinion of the Minister, it complies with the
following conditions:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 138: Subsection 227(3) reads as follows:
|
|
|
|
(3) Every person who fails to file a return as required by subsection
(2) is liable to have the deduction or withholding under section 153 on
account of the person's tax made as though the person were an
unmarried person without dependants.
|
|
|
|
Clause 139: (2) New.
|
|
|
|
Clause 140: New. The relevant portion of subsection
251(6) reads as follows:
|
|
|
|
(6) For the purposes of this Act, persons are connected by
|
|
|
|
Clause 141: (1) The relevant portion of subsection
252(2) reads as follows:
|
|
|
|
(2) In this Act, words referring to
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) Subsection 252(4) reads as follows:
|
|
|
|
(4) In this Act,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Indian Act |
|
|
|
Clause 148: (1) The definition ``child'' in subsection
2(1) reads as follows:
|
|
|
|
``child'' includes a child born in or out of wedlock, a legally adopted
child and a child adopted in accordance with Indian custom;
|
|
|
|
(2) New.
|
|
|
|
Clause 149: (1) The relevant portion of subsection
48(3) reads as follows:
|
|
|
|
(3) Notwithstanding subsections (1) and (2),
|
|
|
|
|
|
|
|
|
|
|
|
(2) Subsection 48(5) reads as follows:
|
|
|
|
(5) Where an intestate dies leaving no widow or issue, his estate shall
go to his father and mother in equal shares if both are living, but if either
of them is dead the estate shall go to the survivor.
|
|
|
|
(3) Subsection 48(12) reads as follows:
|
|
|
|
(12) No widow is entitled to dower in the land of her deceased
husband dying intestate, and no husband is entitled to an estate by
curtesy in the land of his deceased wife dying intestate, and there is no
community of real or personal property situated in a reserve.
|
|
|
|
(4) Subsection 48(15) reads as follows:
|
|
|
|
(15) This section applies in respect of an intestate woman as it applies
in respect of an intestate man, and for the purposes of this section
``widow'' includes ``widower''.
|
|
|
|
Clause 150: New.
|
|
|
|
Insurance Companies Act |
|
|
|
Clause 153: (1) The relevant portion of the definition
``fraternal benefit society'' in subsection 2(1) reads as
follows:
|
|
|
|
``fraternal benefit society'' means a body corporate
|
|
|
|
|
|
|
|
|
|
|
|
(2) New.
|
|
|
|
Clause 154: Paragraph (f) of the definition ``associate
of the offeror'' in subsection 307(1) is new. The relevant
portion of that definition reads as follows:
|
|
|
|
``associate of the offeror'' means
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 155: (1) Subsection 529(5) reads as follows:
|
|
|
|
(5) Notwithstanding section 534, a company may make a loan
referred to in paragraph 525(b) to the spouse of a senior officer of the
company on terms and conditions more favourable to the spouse of that
officer than market terms and conditions, as defined in subsection
534(2), if the terms and conditions of the loan have been approved by
the conduct review committee of the company.
|
|
|
|
(2) and (3) The relevant portion of subsection 529(6)
reads as follows:
|
|
|
|
(6) Notwithstanding section 534, a company may offer financial
services, other than loans or guarantees, to a senior officer of the
company, or to the spouse, or a child who is less than eighteen years of
age, of a senior officer of the company, on terms and conditions more
favourable than market terms and conditions, as defined in subsection
534(2), if
|
|
|
|
|
|
|
|
|
|
|
|
Clause 156: Subsection 542(1) reads as follows:
|
|
|
|
542. (1) Except as otherwise permitted by this Act, a society shall not
carry on a business that does not relate to the business of the insuring
of risks in respect of its members or the spouses or children of its
members.
|
|
|
|
Clause 157: Subsection 706(3) reads as follows:
|
|
|
|
(3) Where a person has been convicted of an offence under this Act,
the court may, where it is satisfied that as a result of the commission of
the offence the convicted person acquired any monetary benefits or that
monetary benefits accrued to the convicted person or to the spouse or
other dependant of the convicted person, order the convicted person to
pay, notwithstanding the maximum amount of any fine that may
otherwise be imposed under this Act, an additional fine in an amount
equal to the court's estimation of the amount of those monetary benefits.
|
|
|
|
Judges Act |
|
|
|
Clause 159: New.
|
|
|
|
Clause 160: (1) and (2) The relevant portion of
subsection 40(1) reads as follows:
|
|
|
|
40. (1) A removal allowance shall be paid to
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 161: The heading before section 44 reads as
follows:
|
|
|
|
Annuities granted to Surviving Spouses |
|
|
|
Clause 162: Subsection 44(4) reads as follows:
|
|
|
|
(4) No annuity shall be granted under this section to the surviving
spouse of a judge if before, on or after July 11, 1955, the surviving
spouse married the judge after the judge ceased to hold office.
|
|
|
|
Clause 163: New.
|
|
|
|
Clause 164: Section 46.1 reads as follows:
|
|
|
|
46.1 Where a judge dies while holding office, a lump sum equal to
one-sixth of the yearly salary of the judge at the time of death shall be
paid to the surviving spouse of the judge.
|
|
|
|
Clause 165: (1) The relevant portion of subsection
47(1) reads as follows:
|
|
|
|
47. (1) For the purposes of this section and sections 48 and 49,
``child'' means a child of a judge, including an adopted child and a
stepchild, who
|
|
|
|
(2) Subsections 47(4) to (6) read as follows:
|
|
|
|
(4) Where a judge described in subsection (3) leaves a surviving
spouse, the Governor in Council shall grant to each child of the judge
an annuity equal to one-fifth of the annuity granted to the surviving
spouse pursuant to subsection 44(1) or (2) or 46(1), as the case may be.
|
|
|
|
(5) Where a judge described in subsection (3) leaves no surviving
spouse, or the surviving spouse dies, the Governor in Council shall
grant to each child an annuity equal to two-fifths of the annuity that
would have been granted to a surviving spouse or was granted to the
surviving spouse, as the case may be, pursuant to subsection 44(1) or
(2) or 46(1).
|
|
|
|
(6) The total amount of the annuities paid under subsection (3) to the
surviving children of a judge described in that subsection shall not
exceed
|
|
|
|
|
|
|
|
|
|
|
|
Clause 166: Subsection 48(2) reads as follows:
|
|
|
|
(2) Where a child of a judge is granted an annuity under this Act,
payment thereof shall, if the child is less than eighteen years of age, be
made to the person having the custody and control of the child or, where
there is no person having the custody and control of the child, to such
person as the Minister of Justice may direct and, for the purposes of this
subsection, the surviving spouse of the judge, except where the child is
living apart from the surviving spouse, shall be presumed, in the
absence of evidence to the contrary, to be the person having the custody
and control of the child.
|
|
|
|
Clause 167: Subsection 52(1) reads as follows:
|
|
|
|
(1) Where any court in Canada of competent jurisdiction has made
a financial support order requiring a former judge to pay an amount to
a spouse, former spouse, child or other person, amounts payable to the
former judge under section 42 or 43 or under subsection 51(1) are
subject to being diverted to the person named in the financial support
order in accordance with Part II of the Garnishment, Attachment and
Pension Diversion Act.
|
|
|
|
Lieutenant Governors Superannuation Act |
|
|
|
Clause 170: New.
|
|
|
|
Clause 171: The relevant portion of subsection 3(5)
reads as follows:
|
|
|
|
(5) Where, at any time after December 31, 1975, a contributor, his
surviving spouse or his estate becomes entitled, pursuant to subsection
(1) or (4) or section 8 or 9, to be paid any amount of the contributions
made by the contributor under this Part, the President of the Treasury
Board shall
|
|
|
|
Clause 172: Subsection 5(4) reads as follows:
|
|
|
|
(4) Sections 3 and 4 do not apply to a Lieutenant Governor who has
made an election under this section and sections 7 and 8 do not apply
to the spouse or surviving spouse of a Lieutenant Governor who has
made an election under this section.
|
|
|
|
Clause 173: Subsection 6(1) reads as follows:
|
|
|
|
6. (1) Where any court in Canada of competent jurisdiction has made
a financial support order requiring a former lieutenant governor to pay
an amount to a spouse, former spouse, child or other person, amounts
payable to the former lieutenant governor under this Part are subject to
being diverted to the person named in the financial support order in
accordance with Part II of the Garnishment, Attachment and Pension
Diversion Act.
|
|
|
|
Clause 174: Section 8.1 is new. The heading before
section 7 and sections 7 to 9 read as follows:
|
|
|
|
Surviving Spouse |
|
|
|
7. (1) Where a contributor who has ceased to hold office as the
lieutenant governor of a province but who is entitled to be paid an
immediate pension or a deferred pension under section 3 dies, his
surviving spouse, if that person was his spouse at the time he ceased to
hold office as the lieutenant governor of a province, shall be paid a
pension equal to one-half of the immediate pension or deferred pension
to which the contributor was entitled under that section.
|
|
|
|
(2) Where a contributor who has, pursuant to subsection 4(2), ceased
to be required to contribute pursuant to subsection 4(1) dies while
holding office as the lieutenant governor of a province, his surviving
spouse shall be paid a pension equal to one-half of the immediate
pension or deferred pension to which the contributor would have
become entitled under section 3 had he, immediately prior to his death,
ceased, for any reason other than death, to hold office as the lieutenant
governor of the province.
|
|
|
|
(3) A pension that is payable under this section to the surviving
spouse of a contributor commences to be payable immediately after the
death of the contributor.
|
|
|
|
8. Where a contributor dies while holding office as the lieutenant
governor of a province and his surviving spouse is not entitled to a
pension under section 7, his surviving spouse shall be paid the total
amount of the contributions made by the contributor under this Part,
together with interest, if any, calculated pursuant to subsection 3(5).
|
|
|
|
Death Benefit |
|
|
|
9. Where, on the death of a contributor, there is no surviving spouse
to whom a pension or return of contributions under this Act may be paid,
or where a person who is entitled to a pension under this Act as the
surviving spouse of a contributor dies, any amount by which the total
amount of the contributions made by the contributor under this Part,
together with interest, if any, calculated pursuant to subsection 3(5),
exceeds the total amount paid to the contributor and his surviving
spouse under this Part shall be paid, as a death benefit, to his estate or,
if less than one thousand dollars, as the President of the Treasury Board
may direct.
|
|
|
|
Clause 175: (1) and (2) The relevant portion of section
11 reads as follows:
|
|
|
|
11. The Governor in Council may make regulations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Members of Parliament Retiring Allowances Act |
|
|
|
Clause 176: (1) The definition ``joint and survivor
benefit'' in subsection 2(1) reads as follows:
|
|
|
|
``joint and survivor benefit'', in relation to a former member, means a
benefit that is an annuity and that continues until the death of the
former member or of the former member's spouse, whichever occurs
later;
|
|
|
|
(2) The relevant portion of the definition ``child'' in
subsection 2(1) reads as follows:
|
|
|
|
``child'' means a natural child, stepchild or adopted child of a member
or former member who
|
|
|
|
Clause 177: Sections 23 to 26 read as follows:
|
|
|
|
23. (1) A former member who is entitled to a retirement allowance
or additional retirement allowance under this Part or a compensation
allowance or additional compensation allowance under Part II and who
has a spouse to whom, in the event of that former member's death, no
allowance would be paid pursuant to paragraph 20(1)(a) or 40(1)(a)
may elect, subject to the regulations and in accordance with subsection
56(2), to receive, instead of all future payments of the aggregate of those
allowances, a joint and survivor benefit in an amount determined in
accordance with subsection (2).
|
|
|
|
(1.1) No election may be made by a former member under
subsection (1), unless the former member makes an election under
subsection 43(1), if applicable, at the same time.
|
|
|
|
(2) For the purposes of subsection (1), the amount of the joint and
survivor benefit is determined by adjusting in accordance with the
regulations the aggregate of the allowances referred to in that
subsection to which the former member is entitled at the time of the
election, but the actuarial present value of the joint and survivor benefit
may not be less than the actuarial present value of that aggregate.
|
|
|
|
(2.1) An election under subsection (1) is irrevocable except under
such circumstances and such terms and conditions as are prescribed.
|
|
|
|
(3) Where a former member who made an election under subsection
(1) subsequently becomes a member on any day thereafter, that election
is deemed to be revoked on that day.
|
|
|
|
(4) Except where an election under subsection (1) is revoked or
deemed to be revoked, on the death of the former member there shall be
paid to the person who was the spouse of the former member at the time
of the election and the time of the death a joint and survivor benefit in
an amount determined in accordance with the regulations.
|
|
|
|
24. An allowance under section 20 or a joint and survivor benefit
under subsection 23(4)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
25. An allowance under section 20 or a joint and survivor benefit
under subsection 23(4) shall be paid monthly in arrears in
approximately equal instalments.
|
|
|
|
26. Notwithstanding sections 20 to 25, where a division of an
allowance or other benefit that has accrued under this Part to a member
or former member during any period of pensionable service is effected
under the Pension Benefits Division Act, the spouse or former spouse in
whose favour the division is effected ceases to be entitled to any
allowance under section 20 or joint and survivor benefit under
subsection 23(4) in respect of that service.
|
|
|
|
Clause 178: Sections 43 to 46 read as follows:
|
|
|
|
43. (1) A former member who is entitled to a compensation
allowance or additional compensation allowance under this Part or a
retirement allowance or additional retirement allowance under Part I
and who has a spouse to whom, in the event of that former member's
death, no allowance would be paid pursuant to paragraph 20(1)(a) or
40(1)(a) may elect, subject to the regulations and in accordance with
subsection 56(2), to receive, instead of all future payments of the
aggregate of those allowances, a joint and survivor benefit in an amount
determined in accordance with subsection (2).
|
|
|
|
(1.1) No election may be made by a former member under
subsection (1), unless the former member makes an election under
subsection 23(1) at the same time.
|
|
|
|
(2) For the purposes of subsection (1), the amount of the joint and
survivor benefit is determined by adjusting in accordance with the
regulations the aggregate of the allowances referred to in that
subsection to which the former member is entitled at the time of the
election, but the actuarial present value of the joint and survivor benefit
may not be less than the actuarial present value of that aggregate.
|
|
|
|
(2.1) An election under subsection (1) is irrevocable except under
such circumstances and such terms and conditions as are prescribed.
|
|
|
|
(3) Where a former member who made an election under subsection
(1) subsequently becomes a member on any day thereafter, that election
is deemed to be revoked on that day.
|
|
|
|
(4) Except where an election under subsection (1) is revoked or
deemed to be revoked, on the death of the former member there shall be
paid to the person who was the spouse of the former member at the time
of the election and the time of the death a joint and survivor benefit in
an amount determined in accordance with the regulations.
|
|
|
|
44. An allowance under section 40 or a joint and survivor benefit
under subsection 43(4)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
45. An allowance under section 40 or a joint and survivor benefit
under subsection 43(4) shall be paid monthly in arrears in
approximately equal instalments.
|
|
|
|
46. Notwithstanding sections 40 to 44, where a division of an
allowance or other benefit that has accrued under this Part to a member
or former member during any period of pensionable service is effected
under the Pension Benefits Division Act, the spouse or former spouse in
whose favour the division is effected ceases to be entitled to any
allowance under section 40 or joint and survivor benefit under
subsection 43(4) in respect of that service.
|
|
|
|
Clause 179: (1) Subsections 49(1.1) and (1.2) are new.
Subsections 49(1) and (2) read as follows:
|
|
|
|
49. (1) There shall be paid to any person who is the surviving spouse
of a person described in subsection 48(1), if the surviving spouse was
the spouse of the person at the time when that person held the office of
Prime Minister, 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.
|
|
|
|
(2) An allowance payable under subsection (1) to the surviving
spouse 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 surviving
spouse.
|
|
|
|
(2) Subsection 49(4) reads as follows:
|
|
|
|
(4) Notwithstanding subsection (1), where a division of an
allowance or other benefit that has accrued under this Part to a member
or former member during any period of pensionable service is effected
under the Pension Benefits Division Act, the spouse or former spouse in
whose favour the division is effected ceases to be entitled to any
allowance under subsection (1) in respect of that service.
|
|
|
|
Clause 180: New.
|
|
|
|
Clause 181: The relevant portion of subsection 50(2)
reads as follows:
|
|
|
|
(2) For the purposes of this Part,
|
|
|
|
|
|
|
|
|
|
|
|
Clause 182: Subsection 57(2) reads as follows:
|
|
|
|
(2) Where 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 or other
benefit payable under subsection 20(1), 23(4), 40(1), 43(4) or 49(1) 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 thereof, and any amount so recovered shall be deemed, for
the purposes of that provision, to have been paid by the member or
former member.
|
|
|
|
Clause 183: (1) The relevant portion of subsection
59.1(3) reads as follows:
|
|
|
|
(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
|
|
|
|
(2) Subsection 59.1(7) reads as follows:
|
|
|
|
(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.
|
|
|
|
Clause 184: The relevant portion of subsection 64(1)
reads as follows:
|
|
|
|
64. (1) The Governor in Council may make regulations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Merchant Seamen Compensation Act |
|
|
|
Clause 187: New.
|
|
|
|
Clause 188: (1) and (2) The relevant portion of
subsection 31(1) reads as follows:
|
|
|
|
31. (1) Where the death of a seaman results from an injury, the
following amounts of compensation shall be paid:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(3) Subsections 31(2) and (3) read as follows:
|
|
|
|
(2) Where a seaman leaves no surviving spouse or the surviving
spouse 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 surviving spouse 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.
|
|
|
|
(3) In addition to any other compensation provided for under this
section, the surviving spouse or, where the seaman leaves no surviving
spouse, the foster-parent, as described in subsection (2), is entitled to a
lump sum of sixteen thousand eight hundred and sixty-eight dollars and
fifty cents.
|
|
|
|
(4) Subsection 31(9) reads as follows:
|
|
|
|
(9) Exclusive of the expenses of burial of the seaman and the lump
sum of eight hundred and thirty-three dollars referred to in subsection
(3), the compensation payable as provided by subsection (1) shall not
in any case exceed seventy-five per cent of the average earnings of the
seaman mentioned in section 36, and if the compensation payable under
subsection (1) would in any case exceed that percentage, it shall be
reduced accordingly, and where several persons are entitled to monthly
payments the payments shall be reduced proportionately, but the
minimum compensation shall be
|
|
|
|
|
|
|
|
|
|
|
|
Clause 189: The relevant portion of subsection 32(1)
reads as follows:
|
|
|
|
32. (1) In addition to the amounts of compensation payable under
section 31 to dependants of a seaman as a result of his death from an
accident, there shall be paid,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 190: Section 33 reads as follows:
|
|
|
|
33. (1) When a dependent surviving spouse marries, the monthly
payments to that person shall cease, but that person is entitled in lieu of
those payments to a lump sum equal to the monthly payments for two
years.
|
|
|
|
(2) Subsection (1) does not apply to payments to a surviving spouse
in respect of a child or children.
|
|
|
|
Clause 191: Section 44 reads as follows:
|
|
|
|
44. Where a seaman is entitled to compensation and it is made to
appear to the Board that
|
|
|
|
|
|
|
|
|
|
|
|
the Board may divert the compensation in whole or in part from the
seaman for the benefit of his spouse or children.
|
|
|
|
Old Age Security Act |
|
|
|
Clause 192: (1) to (3) The definitions ``spouse'',
``spouse's allowance'' and ``widow'' in section 2 read as
follows:
|
|
|
|
``spouse'', in relation to any person, includes a person of the opposite
sex who is living with that person, having lived with that person for
at least one year, if the two persons have publicly represented
themselves as husband and wife;
|
|
|
|
``spouse's allowance'' means the spouse's allowance authorized to be
paid under Part III;
|
|
|
|
``widow'' includes widower, and means a person whose spouse has
died and who has not thereafter become the spouse of another
person.
|
|
|
|
(4) New.
|
|
|
|
(5) New.
|
|
|
|
Clause 193: The heading before section 15 reads as
follows:
|
|
|
|
Spouses |
|
|
|
Clause 194: (1) The relevant portion of subsection
15(2) reads as follows:
|
|
|
|
(2) Subject to subsections (3) and (4), where a person makes an
application for a supplement in respect of a payment period and the
person has or had a spouse at any time during the payment period or in
the month before the first month of the payment period, the application
shall not be considered or dealt with until such time as
|
|
|
|
(2) Subsection 15(4) reads as follows:
|
|
|
|
(4) Where an application for a supplement in respect of a payment
period that ends before July 1, 1999 has been made by a person, the
Minister, if satisfied that the person is separated from the person's
spouse, having been so separated for a continuous period of at least six
months, exclusive of the month in which the spouses became separated,
shall direct that the application be considered and dealt with as though
the person had ceased to have a spouse at the end of the sixth such
month.
|
|
|
|
(3) New.
|
|
|
|
(4) Subsections 15(6) to (7) read as follows:
|
|
|
|
(6) Where an application for a supplement in respect of a payment
period that ends before July 1, 1999 is made, by a person who did not
have a spouse immediately before a particular month in the payment
period but has a spouse at the end of that month or, in the case of a person
described in subsection (4), has ceased to be separated from their
spouse, the Minister may, if requested to do so by that person, direct that
any supplement paid to that person or spouse, for any month in that
payment period after the month in which the direction is made, be
calculated as though that person and their spouse had been spouses of
each other on the last day of the previous payment period.
|
|
|
|
(6.1) Where an application for a supplement in respect of a payment
period that commences after June 30, 1999 is made by a person who did
not have a spouse immediately before a particular month in the payment
period but has a spouse at the end of that month, is a person in respect
of whom a direction is made under subsection (3) based on paragraph
(3)(b) who no longer meets the conditions set out in that paragraph, or
is a person described in subsection (4.1) who ceases to be separated
from the person's spouse, the calculation of the supplement shall be
made, for any month after the month in which the person began to have
a spouse, no longer met the conditions or ceased to be separated from
the spouse, as though the person and the spouse were spouses of each
other on the last day of the previous payment period.
|
|
|
|
(7) Where an application for a supplement in respect of a payment
period that ends before July 1, 1999 is or has been made by a person who
at any time in that payment period has ceased to have a spouse, whether
as a result of the death of their spouse or otherwise, the Minister may,
if requested to do so by that person, direct that any supplement paid to
that person, for any month in that payment period after the month in
which the direction is made, be calculated as though that person had no
spouse on the last day of the previous payment period.
|
|
|
|
(5) Subsection 15(7.2) is new. Subsection 15(8) reads
as follows:
|
|
|
|
(8) Nothing in subsections (6) to (7.1) shall be construed as limiting
or restricting the authority of the Minister to make a direction under
subsections (3) to (5.1).
|
|
|
|
Clause 196: (1) Subsection 19(1) reads as follows:
|
|
|
|
19. (1) Subject to this Act and the regulations, a spouse's allowance
may be paid to the spouse of a pensioner for a month in a payment period
if the spouse
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) Subsection 19(5) reads as follows:
|
|
|
|
(5) A spouse's allowance under this section ceases to be payable on
the expiration of the month in which the spouse in respect of whom it
is paid dies, becomes the spouse of another person or no longer meets
the conditions set out in subsection (1).
|
|
|
|
(3) New. The relevant portion of subsection 19(6)
reads as follows:
|
|
|
|
(6) No spouse's allowance may be paid under this section to the
spouse of a pensioner pursuant to an application therefor for
|
|
|
|
Clause 197: (1) Subsection 21(5) reads as follows:
|
|
|
|
(5) Where the spouses had, before the death of the pensioner, made
a joint application for the spouse's allowance under section 19 for
months in the payment period of the pensioner's death or the following
payment period, no application is required to be made by the
pensioner's widow under subsection (4) in respect of the payment of a
spouse's allowance under this section for months in the payment period
in respect of which the joint application was made.
|
|
|
|
(2) New.
|
|
|
|
Clause 198: (1) The definition ``supplement
equivalent'' in subsection 22(1) reads as follows:
|
|
|
|
``supplement equivalent'' means, in respect of any month in a payment
quarter, the amount of the supplement that would be payable for that
month under subsection 12(1) or (2), as the case may be, to a married
pensioner whose spouse is also a pensioner when both the pensioner
and the spouse have no income in a base calendar year and both are
in receipt of a full pension;
|
|
|
|
(2) Subsection 22(6) reads as follows:
|
|
|
|
(6) Where, by reason of the amount of the monthly family income,
the aggregate of the amount of spouse's allowance payable to the
spouse of a pensioner for a month and the amount of supplement
payable to the pensioner for that month under this Part is less than the
amount of supplement that would be payable to the pensioner under
Part II, the pensioner may, notwithstanding subsection (2), be paid, for
that month, the amount of supplement provided under Part II minus the
amount, if any, of spouse's allowance payable to the spouse of that
pensioner for that month.
|
|
|
|
Clause 199: The relevant portion of subsection 23(2)
reads as follows:
|
|
|
|
(2) Notwithstanding subsection (1), where a person who has applied
to receive a spouse's allowance attained the age of sixty years before the
day on which the application was received, the approval of the
application may be effective as of such earlier day, not before the later
of
|
|
|
|
|
|
|
|
|
|
|
|
Clause 200: Subsection 26(1) reads as follows:
|
|
|
|
26. (1) Sections 6, 14, 15 and 18 apply, with such modifications as
the circumstances require, in respect of a spouse's allowance under this
Part and in respect of any application or any waiver of the requirement
for an application for a spouse's allowance.
|
|
|
|
Clause 201: The heading before section 29 reads as
follows:
|
|
|
|
Death of Beneficiary, Applicant or Spouse |
|
|
|
Clause 202: Subsections 30(1) and (2) read as follows:
|
|
|
|
30. (1) Notwithstanding paragraph 19(6)(b) but subject to
subsection (3), where a married person dies, either before or after the
beginning of September, 1985, and the widow would have been entitled
to a spouse's allowance under section 19 had she and the deceased
spouse made joint application therefor before the death of the deceased
spouse, the widow may make application for a spouse's allowance
under section 19 within one year after the death of the deceased spouse.
|
|
|
|
(2) An application referred to in subsection (1) shall be considered
and dealt with as though it had been a joint application of the surviving
spouse and the deceased spouse and had been received on the date of
the death of the deceased spouse.
|
|
|
|
Clause 203: New.
|
|
|
|
Clause 204: (1) and (2) The relevant portion of section
34 reads as follows:
|
|
|
|
34. The Governor in Council may make regulations for carrying the
purposes and provisions of this Act into effect and, without restricting
the generality of the foregoing, may make regulations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 205: Subsection 39(1) reads as follows:
|
|
|
|
39. (1) Where a province provides benefits similar to or as a
supplement to benefits payable under this Act for pensioners or the
spouses thereof within that province, the Minister may, with the
approval of the Governor in Council, enter into an agreement with the
government of that province whereby the provincial benefit that is
payable to a pensioner or the spouse of a pensioner may be included
with the amount of the benefit under this Act and paid on behalf of the
government of that province in such manner as the agreement may
provide.
|
|
|
|
Parliament of Canada Act |
|
|
|
Clause 210: (1) and (2) The relevant portion of section
40 reads as follows:
|
|
|
|
40. This Division does not extend to render ineligible to be a member
of the House of Commons, or disqualify from sitting or voting therein,
any person by reason only that the person is
|
|
|
|
|
|
|
|
|
|
|
|
(3) New.
|
|
|
|
Pension Act |
|
|
|
Clause 211: (1) and (2) The definitions ``child'' and
``widowed mother'' in subsection 3(1) read as follows:
|
|
|
|
``child'', in relation to a member of the forces or a prisoner of war, means
the legitimate child, illegitimate child, stepchild, adopted child or
foster child of that member or prisoner;
|
|
|
|
``widowed mother'' includes a mother deserted by her spouse;
|
|
|
|
(3) New.
|
|
|
|
Clause 212: (1) The relevant portion of subsection
21(1) reads as follows:
|
|
|
|
21. (1) In respect of military service rendered during World War I or
World War II and subject to the exception contained in subsection (2),
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) The relevant portion of subsection 21(2) reads as
follows:
|
|
|
|
(2) In respect of military service rendered in the non-permanent
active militia or in the reserve army during World War II and in respect
of military service in peace time,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(3) Paragraph 21(2.3)(c) is new. Subsection 21(2.3)
reads as follows:
|
|
|
|
(2.3) For the purposes of subsection 55(1), a person who
|
|
|
|
|
|
|
|
|
|
|
|
is a pensionable applicant in relation to paragraph (1)(i) or (2)(d) if the
person meets one of the requirements set out in subsection 45(1), even
though the person was not living with the member of the forces at the
time of the member's death.
|
|
|
|
(4) Subsection 21(7) reads as follows:
|
|
|
|
(7) Where the parties to a marriage are residing together and both are
pensioners or members of the forces to whom pensions have been or
may be awarded under this section,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 213: Subsection 32(3) reads as follows:
|
|
|
|
(3) Where a surviving spouse or other dependant of a deceased
member of the forces retains any amount of the member's award paid
after the last day of the month in which the member died, that amount
may be deducted from any award granted to the spouse or other
dependant.
|
|
|
|
Clause 214: (1) Subsection 34(5) reads as follows:
|
|
|
|
(5) When a child has been given in adoption or has been removed
from the person caring for the child, by a competent authority, and
placed in a suitable foster home, or is not being maintained by and does
not form part of the family cared for by the member of the forces or the
person who is pensioned as the divorced or surviving spouse or parent
of the member of the forces, or by the person awarded a pension under
section 46, the pension for the child may, in accordance with the
circumstances, be continued, discontinued or retained for the child for
such period as the Minister may determine or increased up to an amount
not exceeding the rate payable for orphan children, and any such award
is subject to review at any time.
|
|
|
|
(2) Subsection 34(8) reads as follows:
|
|
|
|
(8) On and after
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
a pensioner pensioned on account of disability may be paid the
additional pension for a married member of the forces for so long as
there is a minor child in respect of whom additional pension is being
paid, if there is a person who is competent to assume and who does
assume the household duties and care of the child or children.
|
|
|
|
(3) Subsection 34(10) reads as follows:
|
|
|
|
(10) Where a pension has been awarded to a minor child or minor
children of a deceased member of the forces who had maintained a
domestic establishment for the child or children and
|
|
|
|
|
|
|
|
|
|
|
|
a pension at a rate not exceeding that provided for a surviving spouse
in Schedule II or determined pursuant to subsection 45(3), whichever
rate is applicable, may be paid to a person who is competent to assume
and who does assume the household duties and care of the child or
children, for so long as there is a minor child in respect of whom a
pension is being paid, and in those cases the pension payable in respect
of those children shall continue to be paid.
|
|
|
|
Clause 215: Subsection 38(3) reads as follows:
|
|
|
|
(3) Where a member of the forces who is in receipt of an attendance
allowance under subsection (1) dies while residing with the spouse or
a child of the member and
|
|
|
|
|
|
|
|
|
|
|
|
the attendance allowance shall continue to be paid for a period of one
year commencing on the first day of the month following the month of
death to the surviving spouse, if living, or, if not living, equally to any
of the member's children otherwise pensionable under this Act.
|
|
|
|
Clause 216: Section 41 reads as follows:
|
|
|
|
41. (1) Where it appears to the Minister that a pensioner is
|
|
|
|
|
|
|
|
|
|
|
|
the Minister may direct that the pension payable to the pensioner be
administered for the benefit of the pensioner or any person that the
pensioner has a legal obligation to maintain, or both, by the Department
or a person or agency selected by the Minister.
|
|
|
|
(2) Where a pensioner is in receipt of a pension paid at a rate set out
in one of classes seventeen to twenty of Schedule I, the Minister may,
at the request of the pensioner, pay to any person that the pensioner has
a legal obligation to maintain, without further inquiry as to whether the
pensioner is properly maintaining that person, a portion of the pension
not exceeding twice the amount of any additional pension payable in
respect of that person.
|
|
|
|
Clause 217: (1) and (2) Subsections 42(3) to (7) read
as follows:
|
|
|
|
(3) Where a pensioner, prior to the pensioner's enlistment or during
the pensioner's service, was maintaining or was substantially assisting
in maintaining one or both of the pensioner's parents or a person in the
place of a parent, an amount not exceeding the amount set out in
Schedule I as the additional pension for one child may be paid directly
to each parent or person in the place of a parent or to the pensioner for
so long as the pensioner continues that maintenance.
|
|
|
|
(4) The benefits of subsection (3) shall be limited to a parent or
parents or a person in the place of a parent who is, are or would be, if the
pensioner did not contribute, in a dependent condition, and if the
Minister is of the opinion that the pensioner is unable by reason of
circumstances beyond his control to continue his contribution toward
the maintenance of his parent or parents or a person in the place of a
parent, the Minister may continue those benefits.
|
|
|
|
(5) Where a parent or person in the place of a parent who was not
wholly or to a substantial extent maintained by the pensioner prior to the
pensioner's enlistment or during the pensioner's service by reason of
the fact that the parent or person was not then in a dependent condition,
subsequently falls into a dependent condition, is incapacitated by
mental or physical infirmity from earning a livelihood and is wholly or
to a substantial extent maintained by the pensioner, an amount not
exceeding the amount set out in Schedule I as the additional pension for
one child may be paid directly to each parent or person in the place of
a parent or to the pensioner for so long as the pensioner continues that
maintenance.
|
|
|
|
(6) For the purposes of this Act, a member of the forces who
establishes that the member has been cohabiting in a conjugal
relationship with a person of the opposite sex for a period of not less than
one year shall be deemed to be the spouse of that person until either of
them marries or until they cease to cohabit, and on the death of the
member while so deemed to be married that person shall be deemed to
be the surviving spouse of the member.
|
|
|
|
(7) For the purposes of this Act, a person who establishes that the
person was cohabiting in a conjugal relationship with a member of the
forces of the opposite sex for a period of not less than one year
immediately prior to the member's death shall be deemed to be the
surviving spouse of that member.
|
|
|
|
Clause 218: The heading before section 45 reads as
follows:
|
|
|
|
Pension for Deaths |
|
|
|
Clause 219: (1) New.
|
|
|
|
(2) Subsection 45(3.02) is new. Subsections 45(3.01)
to (3.2) read as follows:
|
|
|
|
(3.01) Where the payment of the pension of a member of the forces
was suspended at the time of the member's death, the Minister may
direct that the spouse be awarded the pension to which the spouse would
be entitled under subsection (2) or (3) if the pension had not been
suspended.
|
|
|
|
(3.1) The surviving spouse of a member of the forces who was living
with that member at the time of the member's death and is entitled to a
pension under subsection (3) is entitled, for a period of one year
commencing on the effective date of award as provided in section 56
(except that the words ``from the day following the date of his death''
in subparagraph 56(1)(a)(i) shall be read as ``from the first day of the
month following the month of the member's death''), in lieu of the
pension under subsection (3) during that period, to a pension equal to
the aggregate of the basic pension and the additional pension for
married members payable to the member of the forces under Schedule
I at the time of the member's death, and thereafter a pension shall be paid
to the surviving spouse in accordance with subsection (3).
|
|
|
|
(3.2) For the purposes of subsection 55(1), a person who
|
|
|
|
|
|
|
|
|
|
|
|
is a pensionable applicant in relation to subsection (3.1) if the person
meets one of the requirements set out in subsection (1), even though the
person was not living with the member of the forces at the time of the
member's death.
|
|
|
|
Clause 220: Section 46 reads as follows:
|
|
|
|
46. On the death of a member of the forces, a person of the opposite
sex who was cohabiting in a conjugal relationship with the member in
Canada at the time the member became a member of the forces and for
a reasonable period before that time may be awarded a pension at a rate
not exceeding the rate provided for a surviving spouse in Schedule II or
determined pursuant to subsection 45(3), whichever rate is applicable.
|
|
|
|
Clause 221: (1) Subsection 47(1) reads as follows:
|
|
|
|
47. (1) A person who has been divorced, judicially separated or
separated pursuant to a written or other agreement from a member of the
forces who has died is not entitled to a pension unless the person was
awarded alimony, support or maintenance or was entitled to an
allowance under the terms of the separation agreement, in which case
the Minister may award to the person
|
|
|
|
|
|
|
|
|
|
|
|
whichever is the lesser.
|
|
|
|
(2) Subsection 47(3) reads as follows:
|
|
|
|
(3) Notwithstanding subsection (1), where a person has been
divorced, judicially separated or separated pursuant to a written or other
agreement from a member of the forces who has died, and the person
is in a dependent condition, the Minister may award a pension at a rate
not exceeding the rate provided for a surviving spouse in Schedule II or
determined pursuant to subsection 45(3), whichever rate is applicable,
although the person has not been awarded alimony, support,
maintenance or an alimentary allowance or is not entitled to an
allowance under the terms of the separation agreement, if, in the opinion
of the Minister, the person would have been entitled to an award of
alimony, support, maintenance or an alimentary or other allowance had
the person made application for it under due process of law.
|
|
|
|
Clause 222: New.
|
|
|
|
Clause 223: (1) The relevant portion of subsection
52(1) reads as follows:
|
|
|
|
52. (1) In any case where a pension may be awarded under section
21 in respect of the death of a member of the forces, the parent or person
in the place of the parent of the member is entitled to a pension at a rate
not exceeding the rate provided in Schedule II if
|
|
|
|
|
|
|
|
(2) Subsection 52(2) reads as follows:
|
|
|
|
(2) Where a member of the forces has died leaving a surviving or
divorced spouse who is entitled to a pension or a person awarded a
pension under section 46, in addition to a parent or person in the place
of a parent who, prior to the enlistment of the member or during the
member's service, was wholly or to a substantial extent maintained by
the member, the Minister may
|
|
|
|
|
|
|
|
|
|
|
|
(3) Subsection 52(4) reads as follows:
|
|
|
|
(4) In cases where a member of the forces has died leaving more than
one parent or person in the place of a parent who were wholly or to a
substantial extent maintained by the member, the rate of pension for one
parent or person may be increased by an additional amount not
exceeding the rate provided in Schedule II and the total pension may be
apportioned between the parents or between the parent and the person.
|
|
|
|
(4) Subsection 52(7) reads as follows:
|
|
|
|
(7) The pension payable to a widowed mother shall not be reduced
by reason only that
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 224: (1) The relevant portion of subsection
53(1) reads as follows:
|
|
|
|
53. (1) In any case where pension may be awarded under section 21
in respect of the death of a member of the forces, the brother or sister of
the member is entitled to a pension if
|
|
|
|
|
|
|
|
(2) Subsection 53(2) reads as follows:
|
|
|
|
(2) If a brother or sister of a member of the forces is in a dependent
condition and is an orphan, or subsequently becomes an orphan by the
death of a parent or parents, the brother or sister is entitled to a pension
not in excess of the amount provided in Schedule II for orphan children.
|
|
|
|
Clause 225: Subsection 54(2) reads as follows:
|
|
|
|
(2) Except when children are awarded pensions, parents are awarded
a pension jointly, brothers or sisters are awarded pensions or a pension
is divided among several applicants, not more than one pension shall be
awarded in respect of the death of any one member of the forces.
|
|
|
|
Clause 226: Subsection 69(2) reads as follows:
|
|
|
|
(2) The surviving spouse of a member described in subsection (1) is
entitled to the benefits of this Act in so far as those benefits or equivalent
benefits are not provided to that spouse by the government of the United
Kingdom.
|
|
|
|
Clause 227: The definition ``basic pension'' in
subsection 71.1(1) reads as follows:
|
|
|
|
``basic pension'' means the monthly pension payable under Class 1 of
Schedule I to a single pensioner without children;
|
|
|
|
Clause 228: Subsection 71.2(3) reads as follows:
|
|
|
|
(3) Where a prisoner of war is in receipt of additional compensation
under subsection (2) in respect of a spouse who is living with the
prisoner of war and the spouse dies, except where compensation is
payable to the prisoner of war under subsection 34(8), the additional
compensation in respect of the spouse shall continue to be paid for a
period of one year from the end of the month in which the spouse died
or, if the prisoner of war remarries during that period, until the date of
remarriage.
|
|
|
|
Clause 229: Subsection 72(5) reads as follows:
|
|
|
|
(5) Where a member of the forces who has been awarded an
exceptional incapacity allowance under this section dies, the
exceptional incapacity allowance shall, if that member was a member
to whom an additional pension was, at the time of death, payable in
respect of the member's spouse or a child living with the member, be
paid for a period of one year commencing on the first day of the month
following the month of the death, to the surviving spouse, if living, or,
if not living, equally to any of the member's children otherwise
pensionable under this Act.
|
|
|
|
Clause 230: The relevant portion of section 74 reads
as follows:
|
|
|
|
74. In this Part,
|
|
|
|
|
|
|
|
|
|
|
|
Clause 231: Subsection 80(2) reads as follows:
|
|
|
|
(2) A surviving spouse or child of a deceased member of the forces
who was living with the member at the time of the member's death need
not make an application in respect of a pension referred to in paragraph
21(1)(b) or (i) or (2)(b) or (d) or subsection 34(6), (7) or (11) or 45(2),
(3) or (3.1) or an allowance referred to in subsection 38(3) or 72(5).
|
|
|
|
Clause 235: The third paragraph of Schedule III reads
as follows:
|
|
|
|
Amount of annual income from any source other than 600.00 personal employment, by reason of which, pursuant to paragraph 52(7)(c), a pension payable to a widowed mother shall not be reduced
|
|
|
|
Pension Benefits Division Act |
|
|
|
Clause 243: (1) and (3) The definition ``spouse'' in
section 2 reads as follows:
|
|
|
|
``spouse'', in relation to a member of a pension plan, means a person of
the opposite sex who
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) The definition ``spousal agreement'' in section 2
reads as follows:
|
|
|
|
``spousal agreement'' means an agreement referred to in subparagraph
4(2)(b)(ii);
|
|
|
|
(4) to (6) New.
|
|
|
|
Clause 244: The relevant portion of subsection 4(2)
reads as follows:
|
|
|
|
(2) The circumstances in which an application may be made are:
|
|
|
|
|
|
|
|
|
|
|
|
Clause 245: (1) The relevant portion of subsection
8(1) reads as follows:
|
|
|
|
8. (1) A division of pension benefits shall be effected by
|
|
|
|
|
|
|
|
|
|
|
|
(2) Subsection 8(5) reads as follows:
|
|
|
|
(5) An amount that cannot be transferred in accordance with
paragraph (1)(a) by reason only of the death of the spouse or former
spouse shall be paid to the estate of the spouse or former spouse.
|
|
|
|
Clause 246: Section 10 reads as follows:
|
|
|
|
10. If the amount transferred in respect of a spouse or former spouse
or paid to the estate of a deceased spouse or former spouse under section
8 exceeds the amount that the spouse or former spouse was entitled to
have transferred or the estate was entitled to be paid, the amount in
excess constitutes a debt due to Her Majesty in right of Canada by that
spouse, former spouse or estate.
|
|
|
|
Clause 247: Section 13 reads as follows:
|
|
|
|
13. (1) Notwithstanding any other provision of this Act or the
provisions of any pension plan or Act under which a pension plan is
established or by which a pension plan is provided, where a court in
Canada of competent jurisdiction so orders, the Minister shall not, for
such period as that court may order, take any action on the direction of
a member of a pension plan that may prejudice the ability of the spouse
or a former spouse of that member to make an application or obtain a
division of pension benefits under this Act.
|
|
|
|
(2) The Minister shall, in accordance with the regulations, on request
of a spouse or former spouse of a member of a pension plan, provide that
person with prescribed information concerning the benefits that are or
may become payable to or in respect of that member under that pension
plan or under Part II of the Public Service Superannuation Act, Part II
of the Canadian Forces Superannuation Act, the Public Service
Pension Adjustment Act or the Supplementary Retirement Benefits Act.
|
|
|
|
Clause 248: (1) and (2) The relevant portion of section
16 reads as follows:
|
|
|
|
16. The Governor in Council may, on the recommendation of the
President of the Treasury Board, make regulations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Pension Benefits Standards Act, 1985 |
|
|
|
Clause 254: (1) and (2) The definitions ``joint and
survivor pension benefit'', '' ``marriage'' and
``remarriage'''', ``pension benefit'' and ``spouse'' in
subsection 2(1) read as follows:
|
|
|
|
``joint and survivor pension benefit'' means an immediate pension
benefit that continues at least until the death of the member or former
member or the death of the spouse of the member or former member,
whichever occurs later;
|
|
|
|
``marriage'' and ``remarriage'' have the meaning described in the
definition ``spouse'';
|
|
|
|
``pension benefit'' means a periodic amount to which, under the terms
of a pension plan, a member or former member, or the spouse, other
beneficiary or estate of a member or former member, is or may
become entitled;
|
|
|
|
``spouse'', in relation to a member or former member, means, except in
section 25,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(3) New.
|
|
|
|
(4) New.
|
|
|
|
Clause 255: Section 3 reads as follows:
|
|
|
|
3. The requirements of this Act and the regulations shall not be
construed as preventing the registration or operation of a pension plan
containing provisions that are more advantageous to members of the
plan, former members or potential members or their spouses,
beneficiaries or estates.
|
|
|
|
Clause 256: The relevant portion of subsection 18(2)
reads as follows:
|
|
|
|
(2) Notwithstanding subsection (1), a pension plan may provide
|
|
|
|
|
|
|
|
|
|
|
|
Clause 257: Subsection 23(5) reads as follows:
|
|
|
|
(5) A pension plan may provide that a surviving spouse may, after
the death of a member or former member, surrender, in writing, the
pension benefit or pension benefit credit to which the spouse is entitled
under this section and designate a beneficiary who is a dependant,
within the meaning of subsection 8500(1) of the Income Tax
Regulations, of the spouse, member or former member.
|
|
|
|
Clause 258: Section 24 and the heading before it read
as follows:
|
|
|
|
Remarriage of Former Spouse or Surviving Spouse |
|
|
|
24. A pension benefit payable to the former spouse of a member or
former member or to the surviving spouse of a deceased member or
former member shall not terminate by reason only of the remarriage of
the former spouse or surviving spouse, as the case may be.
|
|
|
|
Clause 259: (1) Subsections 25(1) and (2) read as
follows:
|
|
|
|
25. (1) In this section,
|
|
|
|
``provincial property law'' means the law of a province relating to the
distribution, pursuant to court order or agreement between the
spouses, of the property of the spouses on divorce, annulment or
separation;
|
|
|
|
``spouse'' has
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) Subject to this section, pension benefits, pension benefit credits
and any other benefits under a pension plan shall, on divorce,
annulment or separation, be subject to the applicable provincial
property law.
|
|
|
|
(2) Subsections 25(4) to (8) read as follows:
|
|
|
|
(4) Notwithstanding anything in this section or in provincial
property law, a member or former member of a pension plan may assign
all or part of that person's pension benefit, pension benefit credit or
other benefit under the plan to that person's spouse, effective as of
divorce, annulment or separation, and in the event of such an
assignment the spouse shall, in respect of the assigned portion of the
pension benefit, pension benefit credit or other benefit, be deemed for
the purpose of this Act, except subsections 21(2) to (6),
|
|
|
|
|
|
|
|
|
|
|
|
but a subsequent spouse of that spouse is not entitled to any pension
benefit, pension benefit credit or other benefit under the pension plan
in respect of that assigned portion.
|
|
|
|
(5) Where, pursuant to this section, all or part of a pension benefit,
pension benefit credit or other benefit under a pension plan of a member
or former member is required to be distributed to that person's spouse
under a court order or an agreement between the spouses, the
administrator, on receipt of
|
|
|
|
|
|
|
|
|
|
|
|
shall determine and henceforth administer the pension benefit, pension
benefit credit or other benefit, as the case may be, in prescribed manner,
in accordance with the court order or the agreement; however, in the
case of a court order, the administrator shall not administer the pension
benefit, pension benefit credit or other benefit in accordance with the
court order until all appeals therefrom have been finally determined or
the time for appealing has expired.
|
|
|
|
(6) On receipt of a request referred to in subsection (5), the
administrator shall notify the non-requesting spouse of the request and
shall provide that spouse with a copy of the court order or agreement
submitted in support of the request, but this requirement does not apply
in respect of a request or an agreement received by the administrator in
a form or manner that indicates that it was jointly submitted by the two
spouses.
|
|
|
|
(7) A pension plan may provide that, where, pursuant to this section,
all or part of a pension benefit of a member or former member is
required to be distributed to that person's spouse under a court order or
an agreement between the spouses, a joint and survivor pension benefit
may be adjusted so that it becomes payable as two separate pensions,
one to the member or former member and the other to that person's
spouse, if the aggregate of the actuarial present values of the two
pensions is not less than the actuarial present value of the joint and
survivor pension benefit.
|
|
|
|
(8) Notwithstanding subsection (2), the aggregate of
|
|
|
|
|
|
|
|
|
|
|
|
pursuant to this section shall be not greater than the actuarial present
value of the pension benefit or other benefit, as the case may be, that
would have been payable to the member or former member had the
divorce, annulment or separation not occurred.
|
|
|
|
Clause 260: Subsection 27(1) reads as follows:
|
|
|
|
27. (1) The sex of a member or former member or of that person's
spouse may not be taken into account in determining
|
|
|
|
|
|
|
|
|
|
|
|
Clause 261: Subsection 29(7) reads as follows:
|
|
|
|
(7) On the termination or winding-up of the whole of a pension plan,
no part of the assets of the plan shall revert to the benefit of the employer
until the Superintendent's consent has been obtained and provision has
been made for the payment to members and former members and their
spouses, beneficiaries or estates of all accrued or payable benefits in
respect of membership up to the date of the termination or winding-up
and, for that purpose, those benefits shall be treated as vested without
regard to conditions as to age, period of membership in the plan or
period of employment.
|
|
|
|
Clause 262: The relevant portion of subsection 36(3)
reads as follows:
|
|
|
|
(3) Subsection (2) does not apply to prevent the assignment of an
interest in a pension benefit, or in a life-annuity of the prescribed kind
resulting from a transfer or purchase pursuant to section 26, where the
assignment
|
|
|
|
|
|
|
|
|
|
|
|
Pension Fund Societies Act |
|
|
|
Clause 265: The heading before section 2 reads as
follows:
|
|
|
|
Interpretation |
|
|
|
Clause 266: Section 2 reads as follows:
|
|
|
|
2. In this Act, ``parent corporation'' means the corporation any of
whose officers establish or take proceedings to establish a pension fund
society under this Act.
|
|
|
|
Clause 267: The relevant portion of section 10 reads
as follows:
|
|
|
|
10. After its incorporation under this Act, every pension fund society
has the power, by means of voluntary contribution or otherwise as its
by-laws provide, to form a fund, and may invest, hold and administer
the fund and from and out of the fund may
|
|
|
|
|
|
|
|
|
|
|
|
Clause 268: The relevant portion of subsection 11(1)
reads as follows:
|
|
|
|
11. (1) Every incorporated pension fund society has all powers
necessary for the purposes of this Act and may make by-laws defining
and regulating in the premises, and prescribing the mode of
enforcement of all the rights, powers and duties of
|
|
|
|
|
|
|
|
|
|
|
|
Clause 269: Section 12 reads as follows:
|
|
|
|
12. All the powers, authority, rights, penalties and forfeitures
whatever in the premises, whether of the pension fund society, of the
individual members thereof, of the officers and employees thereof or of
their widows, orphans and relatives, or of the parent corporation, shall
be such as are defined and limited by the by-laws of the society and may
be exercised and enforced in the manner prescribed by those by-laws.
|
|
|
|
Clause 270: The relevant portion of subsection 17(1)
reads as follows:
|
|
|
|
17. (1) A pension fund society established under this Act may, at the
request of the parent corporation evidenced by a resolution of its
directors, admit to membership in the society, on such terms and
conditions as the society may determine, any officers or employees of
a subsidiary corporation of the parent corporation and may
|
|
|
|
|
|
|
|
|
|
|
|
Public Service Employment Act |
|
|
|
Clause 272: New.
|
|
|
|
Clause 273: The relevant portion of subsection 16(4)
reads as follows:
|
|
|
|
(4) Where, in the case of an open competition, the Commission is of
the opinion that there are sufficient qualified applicants who are
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
to enable the Commission to establish an eligibility list in accordance
with this Act, the Commission may confine its selection of qualified
candidates under subsection (1) to the applicants who come within
paragraph (a), paragraphs (a) and (b) or paragraphs (a), (b) and (c).
|
|
|
|
Clause 274: (1) The definition ``widow or widower of
a veteran'' in section 1 of Schedule II reads as follows:
|
|
|
|
``widow or widower of a veteran'' means the widow or widower of a
person who, being a veteran, died from causes arising during the
service by virtue of which the person became a veteran;
|
|
|
|
(2) New.
|
|
|
|
Public Service Superannuation Act |
|
|
|
Clause 275: Section 13.1 reads as follows:
|
|
|
|
13.1 (1) Where a contributor who is entitled to an annuity or annual
allowance under this Part has a spouse and the spouse would not be
entitled to an immediate annual allowance under any other provision of
this Part in the event of the contributor's death, the contributor may,
subject to the regulations, elect to reduce the amount of the annuity or
annual allowance to which the contributor is entitled in order that the
spouse could become entitled to an immediate annual allowance under
subsection (3).
|
|
|
|
(2) If a contributor makes an election under subsection (1), the
amount of the annuity or annual allowance to which the contributor is
entitled shall be reduced in accordance with the regulations but the
actuarial present value of both the reduced annuity or annual allowance
and the immediate annual allowance to which the spouse could become
entitled under subsection (3) may not be less than the actuarial present
value of the annuity or annual allowance to which the contributor is
entitled immediately before the reduction is made.
|
|
|
|
(3) Where a contributor who has made an election under subsection
(1) dies and the election is not deemed to be revoked under subsection
(4), the person, if any, who was the spouse of the contributor both at the
time of the election and at the time of death is entitled to an immediate
annual allowance in an amount determined in accordance with the
election and the regulations.
|
|
|
|
(4) If a contributor who makes an election under subsection (1) is
subsequently re-employed in the Public Service and required by
subsection 5(1) to contribute to the Superannuation Account, the
election is deemed to be revoked at the time determined in accordance
with the regulations.
|
|
|
|
(5) Section 25 does not apply in respect of a person referred to in
subsection (3).
|
|
|
|
Clause 276: (1) Subsection 32(1) reads as follows:
|
|
|
|
32. (1) Where any court in Canada of competent jurisdiction has
made a financial support order requiring a recipient to pay an amount
to a spouse, former spouse, child or other person, amounts payable to
the recipient under this Part or Part III are subject to being diverted to
the person named in the financial support order in accordance with Part
II of the Garnishment, Attachment and Pension Diversion Act.
|
|
|
|
(2) Subsection 32(4) reads as follows:
|
|
|
|
(4) For the purposes of Part II of the Garnishment, Attachment and
Pension Diversion Act, all survivors within the meaning of this Act are
deemed to be included in the definition ``recipient'' in subsection 32(1)
of that Act.
|
|
|
|
Clause 277: The relevant portion of subsection
42.1(1) reads as follows:
|
|
|
|
42.1 (1) The Governor in Council may make regulations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The Returned Soldiers' Insurance Act |
|
|
|
Clause 278: (1) and (2) Paragraph 2(b.1) is new. The
relevant portion of section 2 reads as follows:
|
|
|
|
2. In this Act and in any regulation, unless the context otherwise
requires,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 279: (1) Subsections 4(1) and (2) read as
follows:
|
|
|
|
4. (1) Where the insured is married, or is a widow or a widower or
divorced or unmarried, and with children, the beneficiary shall, subject
to subsections (4) to (6), be the spouse or children of the insured, or
some one or more of such persons.
|
|
|
|
(2) Where the insured is unmarried, or is a widow or a widower or
divorced, and without children, the beneficiary shall, subject to
subsections (4) to (6) and section 5, be the future spouse or future
children of the insured, or some one or more of such persons.
|
|
|
|
(2) Subsections 4(6) and (7) read as follows:
|
|
|
|
(6) For the purposes of this Act, if an insured has designated a person
of the opposite sex as a beneficiary under a contract of insurance and
that person establishes to the satisfaction of the Minister that they were
cohabiting in a conjugal relationship for a period of not less than one
year immediately prior to the death of the insured, that person shall, if
the Minister so directs, be deemed to be the spouse of the deceased
insured in lieu of any spouse or future spouse referred to in subsections
(1) and (2).
|
|
|
|
(7) For the purposes of this Act, a person other than the spouse of the
insured may be deemed to be his spouse pursuant to subsection (6)
notwithstanding a representation, if any, made by the insured for the
purposes of the contract of insurance to the effect that the person is or
was his spouse.
|
|
|
|
Royal Canadian Mounted Police Pension Continuation Act |
|
|
|
Clause 285: (1) Subsection 18.1(1) reads as follows:
|
|
|
|
18.1 (1) Where any court in Canada of competent jurisdiction has
made a financial support order requiring an officer in receipt of a
pension to pay an amount to a spouse, former spouse, child or other
person, amounts payable to the officer under this Part are subject to
being diverted to the person named in the financial support order in
accordance with Part II of the Garnishment, Attachment and Pension
Diversion Act.
|
|
|
|
(2) Subsection 18.1(3) reads as follows:
|
|
|
|
(3) For the purposes of Part II of the Garnishment, Attachment and
Pension Diversion Act, all survivors within the meaning of this Act are
deemed to be included in the definition ``recipient'' in subsection 32(1)
of that Act.
|
|
|
|
Clause 286: Section 20.1 reads as follows:
|
|
|
|
20.1 (1) Where an officer who is in receipt of a pension has a spouse
and, by reason of paragraph 20(c) or (d), a pension could not be granted
to the spouse under section 19 in the event of the officer's death, the
officer may elect, at the prescribed time and in the prescribed manner,
to reduce the amount of the officer's pension in order that a pension
could be granted to the spouse under subsection (3).
|
|
|
|
(2) If an officer makes an election, the amount of the officer's
pension shall be reduced in accordance with the regulations, but the
actuarial present value of both the reduced pension and the pension that
could be granted to the spouse under subsection (3) may not be less than
the actuarial present value of the officer's pension immediately before
the reduction is made.
|
|
|
|
(3) The Minister shall grant a pension to the widow of any officer
who makes an election if
|
|
|
|
|
|
|
|
|
|
|
|
(4) The pension granted to a widow under subsection (3) shall be in
an amount determined in accordance with the regulations.
|
|
|
|
(5) If an officer who makes an election is subsequently re-appointed
to or re-enlisted in the Force and required by subsection 5(1) of the
Royal Canadian Mounted Police Superannuation Act to contribute to
the Royal Canadian Mounted Police Superannuation Account, the
election is deemed to be revoked at the time determined in accordance
with the regulations, but otherwise an election is irrevocable.
|
|
|
|
(6) Section 25.1 does not apply to a widow who is granted a pension
under subsection (3).
|
|
|
|
(7) The Governor in Council may make regulations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 287: (1) Subsection 44.1(1) reads as follows:
|
|
|
|
44.1 (1) Where any court in Canada of competent jurisdiction has
made a financial support order requiring a constable in receipt of a
pension to pay an amount to a spouse, former spouse, child or other
person, amounts payable to the constable under this Part are subject to
being diverted to the person named in the financial support order in
accordance with Part II of the Garnishment, Attachment and Pension
Diversion Act.
|
|
|
|
(2) Subsection 44.1(3) reads as follows:
|
|
|
|
(3) For the purposes of Part II of the Garnishment, Attachment and
Pension Diversion Act, all survivors within the meaning of this Act are
deemed to be included in the definition ``recipient'' in subsection 32(1)
of that Act.
|
|
|
|
Royal Canadian Mounted Police Superannuation Act |
|
|
|
Clause 288: Section 14.1 reads as follows:
|
|
|
|
14.1 (1) Where a contributor who is entitled to an annuity or annual
allowance under this Part has a spouse and the spouse would not be
entitled to an immediate annual allowance under any other provision of
this Part in the event of the contributor's death, the contributor may,
subject to the regulations, elect to reduce the amount of the annuity or
annual allowance to which the contributor is entitled in order that the
spouse could become entitled to an immediate annual allowance under
subsection (3).
|
|
|
|
(2) If a contributor makes an election under subsection (1), the
amount of the annuity or annual allowance to which the contributor is
entitled shall be reduced in accordance with the regulations but the
actuarial present value of both the reduced annuity or annual allowance
and the immediate annual allowance to which the spouse could become
entitled under subsection (3) may not be less than the actuarial present
value of the annuity or annual allowance to which the contributor is
entitled immediately before the reduction is made.
|
|
|
|
(3) Where a contributor who has made an election under subsection
(1) dies and the election is not deemed to be revoked under subsection
(4), the person, if any, who was the spouse of the contributor both at the
time of the election and at the time of death is entitled to an immediate
annual allowance in an amount determined in accordance with the
election and the regulations.
|
|
|
|
(4) If a contributor who makes an election under subsection (1) is
subsequently re-appointed to or re-enlisted in the Force and required by
subsection 5(1) to contribute to the Superannuation Account, the
election is deemed to be revoked at the time determined in accordance
with the regulations.
|
|
|
|
(5) Section 18 does not apply in respect of a person referred to in
subsection (3).
|
|
|
|
Clause 289: (1) Subsection 20(1) reads as follows:
|
|
|
|
20. (1) Where any court in Canada of competent jurisdiction has
made a financial support order requiring a recipient to pay an amount
to a spouse, former spouse, child or other person, amounts payable to
the recipient under this Part or Part III are subject to being diverted to
the person named in the financial support order in accordance with Part
II of the Garnishment, Attachment and Pension Diversion Act.
|
|
|
|
(2) Subsection 20(4) reads as follows:
|
|
|
|
(4) For the purposes of Part II of the Garnishment, Attachment and
Pension Diversion Act, all survivors within the meaning of this Act are
deemed to be included in the definition ``recipient'' in subsection 32(1)
of that Act.
|
|
|
|
Clause 290: The relevant portion of subsection
26.1(1) reads as follows:
|
|
|
|
26.1 (1) The Governor in Council may make regulations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Special Import Measures Act |
|
|
|
Clause 291: The relevant portion of subsection 2(3)
reads as follows:
|
|
|
|
(3) For the purposes of subsection (2), persons are related to each
other if
|
|
|
|
|
|
|
|
Special Retirement Arrangements Act |
|
|
|
Clause 292: The definition ``pension benefit'' in
section 2 reads as follows:
|
|
|
|
``pension benefit'' means a periodic payment to which a member or
former member of a special pension plan, or the spouse, other
beneficiary or estate of that member or former member, is or may
become entitled under that pension plan;
|
|
|
|
Clause 293: The relevant portion of section 22 reads
as follows:
|
|
|
|
22. Subject to Part II of the Garnishment, Attachment and Pension
Diversion Act and to the Pension Benefits Division Act,
|
|
|
|
|
|
|
|
|
|
|
|
Clause 294: New. The relevant portion of subsection
28(1) reads as follows:
|
|
|
|
28. (1) The Governor in Council may, on the recommendation of the
Minister, make regulations
|
|
|
|
Supplementary Retirement Benefits Act |
|
|
|
Clause 295: (1) The relevant portion of the definition
``recipient'' in subsection 2(1) reads as follows:
|
|
|
|
``recipient'' means a person who
|
|
|
|
|
|
|
|
|
|
|
|
(2) New.
|
|
|
|
Clause 296: (1) The relevant portion of subsection
4(3) reads as follows:
|
|
|
|
(3) Notwithstanding subsection (1), the supplementary retirement
benefit payable to a recipient whose retirement year is 1982 or a later
year, and who retires, or whose spouse or parent retires, on or after June
22, 1982, for a month in the year immediately following his retirement
year is the amount obtained by multiplying
|
|
|
|
(2) The relevant portion of subsection 4(4) reads as
follows:
|
|
|
|
(4) For the purposes of calculating the supplementary retirement
benefit payable under subsection (1) to a recipient whose retirement
year is 1982 or a later year, and who retires, or whose spouse or parent
retires, on or after June 22, 1982, for a month in any year following the
year immediately following his retirement year,
|
|
|
|
(3) The relevant portion of subsection 4(5) reads as
follows:
|
|
|
|
(5) For the purposes of this section,
|
|
|
|
|
|
|
|
|
|
|
|
Trade Unions Act |
|
|
|
Clause 297: Section 28 reads as follows:
|
|
|
|
28. The father, son or brother of a master, in the particular trade or
business in or in connection with which any offence under this Act is
charged to have been committed, shall not act as a provincial court
judge or justice of the peace in any case of complaint or information
under this Act or as a member of any court for hearing any appeal in any
such case.
|
|
|
|
Trust and Loan Companies Act |
|
|
|
Clause 298: New.
|
|
|
|
Clause 299: Paragraph (f) of the definition ``associate
of the offeror'' in subsection 288(1) is new. The relevant
portion of that definition reads as follows:
|
|
|
|
``associate of the offeror'' means
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 300: (1) Subsection 484(5) reads as follows:
|
|
|
|
(5) Notwithstanding section 489, a company may make a loan
referred to in paragraph 479(b) to the spouse of a senior officer of the
company on terms and conditions more favourable to the spouse of that
officer than those offered to the public by the company if those terms
and conditions have been approved by the conduct review committee
of the company.
|
|
|
|
(2) and (3) The relevant portion of subsection 484(6)
reads as follows:
|
|
|
|
(6) Notwithstanding section 489, a company may offer financial
services, other than loans or guarantees, to a senior officer of the
company, or to the spouse, or a child who is less than eighteen years of
age, of a senior officer of the company, on terms and conditions more
favourable than those offered to the public by the company if
|
|
|
|
|
|
|
|
|
|
|
|
Clause 301: Subsection 534(3) reads as follows:
|
|
|
|
(3) Where a person has been convicted of an offence under this Act,
the court may, where it is satisfied that as a result of the commission of
the offence the convicted person acquired any monetary benefits or that
monetary benefits accrued to the convicted person or to the spouse or
other dependant of the convicted person, order the convicted person to
pay, notwithstanding the maximum amount of any fine that may
otherwise be imposed under this Act, an additional fine in an amount
equal to the court's estimation of the amount of those monetary benefits.
|
|
|
|
Veterans Insurance Act |
|
|
|
Clause 303: (1) The relevant portion of the definition
``child'' in subsection 2(1) reads as follows:
|
|
|
|
``child'' includes
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) New.
|
|
|
|
Clause 304: (1) Subsections 6(1) and (2) read as
follows:
|
|
|
|
6. (1) Where the insured is married, or is a widow or a widower or
divorced or unmarried and with children, the beneficiary is, subject to
subsections (4) to (6), the spouse or children of the insured, or some one
or more of such persons.
|
|
|
|
(2) Where the insured is unmarried, or is a widow or a widower or
divorced and without children, the beneficiary is, subject to subsections
(4) to (6) and section 7, the future spouse or future children of the
insured, or some one or more of such persons.
|
|
|
|
(2) Subsection 6(5) reads as follows:
|
|
|
|
(5) Where the insured does not designate a beneficiary, or where all
of the beneficiaries designated by him die within his lifetime, the
insurance money shall be paid to the spouse and the children of the
insured in equal shares, and if the insured survives the spouse and all the
children of the insured, and there is no contingent beneficiary within the
meaning of section 7 surviving the insured, the insurance money shall
be paid, as it falls due or otherwise as the Minister may determine, to the
estate of the insured.
|
|
|
|
(3) Subsections 6(6) and (7) read as follows:
|
|
|
|
(6) For the purposes of this Act, if an insured has designated a person
of the opposite sex as a beneficiary under a contract of insurance and
that person establishes to the satisfaction of the Minister that the insured
and the person were cohabiting in a conjugal relationship for a period
of not less than one year immediately prior to the death of the insured,
that person shall, if the Minister so directs, be deemed to be the spouse
of the deceased insured in lieu of any spouse or future spouse referred
to in subsections (1) and (2).
|
|
|
|
(7) For the purposes of this Act, a person other than the spouse of the
insured may be deemed to be his spouse pursuant to subsection (6)
notwithstanding a representation, if any, made by the insured for the
purposes of the contract of insurance to the effect that the person is or
was his spouse.
|
|
|
|
Veterans Land Act |
|
|
|
Clause 311: New.
|
|
|
|
Clause 312: Section 19 reads as follows:
|
|
|
|
19. (1) Where a veteran, widow of a veteran or widower of a veteran
is indebted to the Director in connection with the sale of land or other
property to the veteran or deceased spouse of the widow or widower, in
connection with any mortgage or hypothec taken under section 17 or
17.1, or in connection with any loan made under Part III, the Director
may, with the approval in writing of the veteran, widow or widower,
enter into a group insurance contract on behalf of the veteran, widow or
widower on such terms as the Director deems appropriate, insuring the
life of the veteran or the spouse of the veteran, the widow or widower
in an amount sufficient to provide for the repayment to the Director of
not less than fifty per cent of the amount of such indebtedness.
|
|
|
|
(2) The premiums payable under any group insurance contract
entered into under subsection (1) shall be assessed by the Director
against those veterans, widows and widowers on whose behalf the
contract was entered into and if any such veteran, widow or widower
fails or neglects to pay any premium so assessed in respect of him or her,
the Director may pay the premium on behalf of the veteran, widow or
widower and any amount so expended by the Director shall be repaid
by the veteran, widow or widower on demand with interest from the
time the amount was so expended at the rate or rates in effect for the
purpose of this subsection at that time, and, until so repaid, shall be
added to the sale price of or amount outstanding on the land or other
property referred to in subsection (1), or to the amount of the mortgage
or hypothec referred to in that subsection, as the case may be, and shall
become part of the principal.
|
|
|
|
Clause 313: Subsections 37(2) and (3) read as follows:
|
|
|
|
(2) Notwithstanding any other provision of this Act, an order made
or a judgment rendered by a court of competent jurisdiction to
recognize or enforce the rights, interest or estate of the spouse or a
dependant of a veteran in land that is the subject of a contract of sale,
mortgage or hypothec under this Act applies to and is binding on the
land subject to the rights, interest or estate of the Director in the land.
|
|
|
|
(3) For the purposes of subsection (2),
|
|
|
|
``dependant'' means any member of the family of a veteran who is
entitled under the law of the province in which the land is situated to
be maintained by the veteran;
|
|
|
|
``spouse'' includes a person who, although not legally married to a
veteran, is recognized by the law of the province in which the land
is situated as or as being in the position of a spouse with respect to
rights, interest or estate in land.
|
|
|
|
Veterans Review and Appeal Board Act |
|
|
|
Clause 315: Section 33 reads as follows:
|
|
|
|
33. Notwithstanding section 31, an appeal lies to the Tax Court of
Canada from any decision of an appeal panel as to income or as to the
source of income of a person or their spouse, or both, for the purposes
of the War Veterans Allowance Act or Part XI of the Civilian War-related
Benefits Act.
|
|
|
|
Visiting Forces Act |
|
|
|
Clause 316: The definition ``dependant'' in section 2
reads as follows:
|
|
|
|
``dependant'' means, with reference to a member of a visiting force or
to a member of the armed forces of a designated state, the spouse or
child of the member depending on the member for support;
|
|
|
|
War Veterans Allowance Act |
|
|
|
Clause 317: (1) The definition '' ``widow'',
``widower'' or ``surviving spouse'''' in subsection 2(1)
reads as follows:
|
|
|
|
``widow'', ``widower'' or ``surviving spouse'' means
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) See Note to subclause (4).
|
|
|
|
|
|
|
|
(3) The definition ``child'' in subsection 2(1) reads as
follows:
|
|
|
|
``child'' means
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(4) The definition ``parent'' in subsection 2(1) reads
as follows:
|
|
|
|
``parent'' includes an adoptive or foster-parent or a step-parent;
|
|
|
|
(5) The relevant portion of the definition ``dependent
child'' in subsection 2(1) reads as follows:
|
|
|
|
``dependent child'' means a child who is
|
|
|
|
|
|
|
|
|
|
|
|
(6) and (7) The relevant portion of the definition
``orphan'' in subsection 2(1) reads as follows:
|
|
|
|
``orphan'' means
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(8) New.
|
|
|
|
(9) New.
|
|
|
|
(10) Subsection 2(3) reads as follows:
|
|
|
|
(3) For the purposes of this Act,
|
|
|
|
|
|
|
|
|
|
|
|
Clause 318: (1) The relevant portion of subsection
4(1) reads as follows:
|
|
|
|
4. (1) Subject to this Act, an allowance is payable to
|
|
|
|
|
|
|
|
|
|
|
|
(2) Subsection 4(3) reads as follows:
|
|
|
|
(3) The monthly allowance payable under this section to a veteran,
widow, widower or orphan in a current payment period shall be
computed as follows:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(3) The relevant portion of subsection 4(4) reads as
follows:
|
|
|
|
(4) Notwithstanding subsection (1), the allowance payable under
this section to a veteran, widow, widower or orphan may be paid to that
veteran, widow, widower or orphan who absents himself from Canada
after July 31, 1960 if, on the day that he leaves Canada, he
|
|
|
|
(4) Subsections 4(6) and (6.1) read as follows:
|
|
|
|
(6) Where both parties to a marriage who are residing together are
veterans, each may be paid the allowance that would be payable under
this section if both veterans were unmarried.
|
|
|
|
(6.1) Where one of the veterans referred to in subsection (6) is not
entitled to any allowance under that subsection, each may be paid the
allowance that would be payable under this section if both veterans
were unmarried and each veteran had one half of the aggregate of the
income and benefits of both veterans.
|
|
|
|
Clause 319: Subsection 5(1.1) reads as follows:
|
|
|
|
(1.1) The monthly allowance payable to a surviving spouse under
this section shall be computed in the same manner as a monthly
allowance under section 4 except that the applicable monthly income
factor referred to in paragraph 4(3)(a) in respect of the surviving spouse
shall be a monthly income factor specified in Column II of the schedule
opposite paragraph 2(a), (b) or (c) of the schedule, whichever is
applicable, as if the surviving spouse were a married veteran described
in paragraph 2(a) of the schedule.
|
|
|
|
Clause 320: Subsection 15(2) reads as follows:
|
|
|
|
(2) Where it appears to the Minister that a recipient is,
|
|
|
|
|
|
|
|
|
|
|
|
the Minister may direct that the allowance payable to the recipient be
held and administered by the Minister or a person or agency selected by
the Minister for the benefit of the recipient or any person that he has a
legal responsibility to maintain, or both.
|
|
|
|
Clause 321: The section references read as follows:
|
|
|
|
(Sections 2, 4, 5, 15, 19, 21, 22 and 37) |
|
|
|
Clause 322: The relevant portion of paragraphs 1(a)
and (b) of the schedule reads as follows:
|
|
|
|
1. (a) Unmarried veteran without dependent child
|
|
|
|
|
|
|
|
Clause 323: The relevant portion of paragraph 2(a) of
the schedule reads as follows:
|
|
|
|
2. (a) Married veteran residing with, maintaining or being maintained
by spouse
|
|
|
|
Clause 324: The relevant portion of paragraphs 3(a)
and (b) of the schedule reads as follows:
|
|
|
|
3. (a) Unmarried veteran having one dependent child
|
|
|
|
|
|