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Bill C-23

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1920, c. 54

THE RETURNED SOLDIERS' INSURANCE ACT

278. (1) Subparagraph 2(b)(iii) of The Returned Soldiers' Insurance Act is replaced by the following:

      (iii) a child acknowledged or maintained by the insured or for whom the insured has been judicially ordered to provide support;

(2) Section 2 of the Act is amended by adding the following after paragraph (b):

``common-la w partner''
« conjoint de fait »

    (b.1) ``common-law partner'', in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;

1974-75-76, c. 92, s. 6(1)

279. (1) Subsections 4(1) and (2) of the Act are replaced by the following:

Who are the beneficiaries

4. (1) Where the insured has a spouse, common-law partner or children, the beneficiary shall, subject to subsections (4) and (5) , be the spouse, common-law partner or children of the insured, or some one or more of such persons.

Who are the beneficiaries

(2) Where the insured has no spouse, common-law partner or children, the beneficiary shall, subject to subsections (4) and (5) and section 5, be the future spouse, future common-law partner or future children of the insured, or some one or more of such persons.

1974-75-76, c. 92, s. 6(2); 1990, c. 43, s. 52

(2) Subsections 4(6) and (7) of the Act are repealed.

Replacement of ``spouse'' with ``spouse or common-law partner''

280. The Act is amended by replacing ``spouse'' with ``spouse or common-law partner'' in paragraph 2(e).

Replacement of ``the spouse'' with ``the spouse, the common-law partner''

281. The Act is amended by replacing ``the spouse'' with ``the spouse, the common-law partner'' in the following provisions:

    (a) subsection 4(5); and

    (b) subsection 5(2).

Replacement of ``wife'' with ``spouse, common-law partner''

282. The Act is amended by replacing ``wife'' with ``spouse, common-law partner'' in paragraph 15(j).

Replacement of terminology

283. The Act is amended by replacing ``is unmarried or is a widow or a widower or divorced, and without children'' with ``has no spouse, common-law partner or children'' in subsection 5(1).

Replacement of ``estate'' with ``estate or succession''

284. The English version of the Act is amended by replacing ``estate'' with ``estate or succession'' in the following provisions:

    (a) subsection 4(5);

    (b) subsection 5(2); and

    (c) section 8.

R.S.C. 1970, c. R-10

ROYAL CANADIAN MOUNTED POLICE PENSION CONTINUATION ACT

1980-81-82-8 3, c. 100, s. 46

285. (1) Subsection 18.1(1) of the Royal Canadian Mounted Police Pension Continuation Act is replaced by the following:

Diversion of payments to satisfy financial support order

18.1 (1) When any court in Canada of competent jurisdiction has made an order requiring an officer in receipt of a pension to pay financial support, amounts payable to the officer under this Part are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

1999, c. 34, s. 218

(2) Subsection 18.1(3) of the Act is repealed.

1992, c. 46, s. 92

286. Section 20.1 of the Act is replaced by the following:

Election for officers

20.1 (1) If the person to whom an officer is married or with whom the officer is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year , could not be granted, by reason of paragraph 20(c) or (d), a pension under section 19 in the event of the officer's death, the officer may elect, in accordance with the regulations , to reduce the amount of the officer's pension in order that a pension could be granted to the person under subsection (2 ).

Payment

(2 ) The Minister shall grant a pension to the person referred to in subsection (1) in an amount determined in accordance with the election and the regulations , if

    (a) the person was married to the officer at the time of the officer's death, or was cohabiting with the officer in a relationship of a conjugal nature for a period of at least one year immediately before the officer's death; and

    (b) the election is not revoked or deemed to have been revoked.

No entitlement

(3) A person who is entitled to receive a pension under section 25.1 after the officer's death is not entitled to a pension under subsection (2) in respect of that officer.

Regulations

(4 ) The Governor in Council may make regulations respecting

    (a) the time, manner and circumstances in which an election may be made, revoked or deemed to have been revoked ;

    (b) the reduction to be made in the amount of an officer's pension when an election is made ;

    (c) the amount of the pension granted under subsection (2 ); and

    (d) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of this section.

1980-81-82-8 3, c. 100, s. 47

287. (1) Subsection 44.1(1) of the Act is replaced by the following:

Diversion of payments to satisfy financial support order

44.1 (1) When any court in Canada of competent jurisdiction has made an order requiring a constable in receipt of a pension to pay financial support, amounts payable to the constable under this Part are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

1999, c. 34, s. 223

(2) Subsection 44.1(3) of the Act is repealed.

R.S., c. R-11

ROYAL CANADIAN MOUNTED POLICE SUPERANNUATION ACT

1992, c. 46, s. 71

288. Section 14.1 of the Royal Canadian Mounted Police Superannuation Act is replaced by the following:

Election for benefit

14.1 (1) If the person to whom a contributor is married or with whom he or she is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year , 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 elect, in accordance with the regulations, to reduce the amount of the annuity or annual allowance to which the contributor is entitled in order that the person could become entitled to an immediate annual allowance under subsection (2 ).

Payment

(2 ) A person referred to in subsection (1) is entitled to an immediate annual allowance in an amount determined in accordance with the election and the regulations if the contributor dies and the election is not revoked or deemed to have been revoked, and the person was married to the contributor at the time of the contributor's death, or was cohabiting with the contributor in a relationship of a conjugal nature for a period of at least one year immediately before the contributor's death.

No entitlement

(3) A person who is entitled to receive an annual allowance under section 18 after the contributor's death is not entitled to an immediate annual allowance under subsection (2) in respect of that contributor.

1992, c. 46, s. 74

289. (1) Subsection 20(1) of the Act is replaced by the following:

Payment to dependants of recipient

20. (1) When any court in Canada of competent jurisdiction has made an order requiring a recipient to pay financial support, amounts payable to the recipient under this Part or Part III are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

1999, c. 34, s. 188

(2) Subsection 20(4) of the Act is repealed.

1992, c. 46, s. 77

290. Paragraphs 26.1(1)(e) to (g) of the Act are replaced by the following:

    (e) respecting the election that may be made under section 14.1, including regulations respecting

      (i) the time, manner and circumstances in which an election may be made, revoked or deemed to have been revoked;

      (ii) the reduction to be made in the amount of an annuity or annual allowance when an election is made;

      (iii) the amount of the immediate annual allowance to be paid under subsection 14.1(2); and

      (iv) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of section 14.1.

R.S., c. S-15

SPECIAL IMPORT MEASURES ACT

291. Paragraph 2(3)(a) of the Special Import Measures Act is replaced by the following:

    (a) they are individuals connected by blood relationship, marriage, common-law partnership or adoption within the meaning of subsection 251(6) of the Income Tax Act;

1992, c. 46, Sch. I

SPECIAL RETIREMENT ARRANGEMENTS ACT

292. The definition ``pension benefit'' in section 2 of the Special Retirement Arrangements Act is replaced by the following:

``pension benefit'' « prestation de retraite »

``pension benefit'' means a periodic payment to which a member or former member of a special pension plan, or the beneficiary, estate or succession of that member or former member, is or may become entitled under that pension plan;

293. Paragraph 22(b) of the Act is replaced by the following:

    (b) a benefit to which a person is entitled under a special pension plan or retirement compensation arrangement is not capable of being surrendered or commuted during the lifetime of that person, and any transaction that purports to so surrender or commute any such benefit is void; and

294. Subsection 28(1) of the Act is amended adding the following after paragraph (b):

    (b.1) specifying the persons who may be beneficiaries of a pension benefit;

R.S., c. S-24

SUPPLEMENTARY RETIREMENT BENEFITS ACT

295. (1) Paragraph (d) of the definition ``recipient'' in subsection 2(1) of the Supplementary Retirement Benefits Act is replaced by the following:

      (d) is in receipt of a pension by virtue of being a survivor or child;

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

``survivor''
« survivant »

``survivor'' means a survivor or a surviving spouse within the meaning of the relevant enactment that is listed or described in Schedule I;

296. (1) The portion of subsection 4(3) of the Act before paragraph (a) is replaced by the following:

Exception for first year benefits received

(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 who is the survivor or a child of a person who retires , on or after June 22, 1982, for a month in the year immediately following the retirement year is the amount obtained by multiplying

(2) The portion of subsection 4(4) of the Act before paragraph (a) is replaced by the following:

Exception for subsequent years

(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 who is the survivor or a child of a person who retires, on or after June 22, 1982, for a month in any year following the year immediately following the retirement year,

(3) Paragraph 4(5)(b) of the Act is replaced by the following:

    (b) the retirement year or retirement month of a person who is in receipt of a pension by virtue of being a survivor or a child, is the retirement year or retirement month, as the case may be, of the person in respect of whom or in respect of whose service the pension is payable.

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